Petitioner challenged an auction notice regarding mortgaged property in a cooperative society loan recovery matter. Court dismissed the petition as infructuous due to the auction having already concluded.
Writ petition dismissed as infructuous.
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NC: 2023:KHC:32676 WP No. 18532 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF SEPTEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE M.I.ARUN WRIT PETITION NO.18532 OF 2023 (CS-RES)
BETWEEN:
SMT. SAMEEMA W/O. MOHAMMAD SHEREEF AGED ABOUT 57 YEARS R/AT NO.2-50, KUCCHIGUDDE HOUSE ADDURU VILLAGE, ADDURU POST MANGALURU TALUK D.K.-574 145.
…PETITIONER
(BY SRI DHANANJAY KUMAR, ADVOCATE)
AND:
Digitally signed by H K HEMA Location: High Court of Karnataka
…RESPONDENTS
(BY SRI SIDHARTH, AGA FOR R.2)
THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI, TO SET ASIDE THE AUCTION NOTICE DATED 12.07.2023 IN C.E.P. NO. 155/2022-23 (PETITION NO.209/2020-21) ISSUED BY THE RESPONDENT NO.2 VIDE ANNEXURE-A IN THE INTEREST OF JUSTICE AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
NC: 2023:KHC:32676 WP No. 18532 of 2023
that if the petitioner is of the opinion if the auction was conducted contrary to the provisions of law, he is always at liberty to challenge the same in the manner known to law.
SD/JUDGE
VMB
1 issue framed by the court
Whether the writ petition challenging the auction notice is maintainable given that the auction had already been held.
1 provisions across 1 enactments
Smt. Sameema W/o. Mohammad Shereef
Gurupura Agricultural Co-Operative Society Ltd.
The Assistant Registrar of Co-Operative Societies and Recovery Officer Mangalore Sub-Division
M.I.Arun
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
