Petitioner challenged auction notices issued under cooperative societies law. Court dismissed the petition as infructuous because the auction date had elapsed, while reserving respondent 3's right to initiate recovery proceedings.
Petition dismissed as infructuous due to expiration of the auction date; respondent 3 retains right to recover amounts.
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NC: 2023:KHC:44112 WP No. 645 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE C.M. POONACHA WRIT PETITION NO. 645 OF 2023 (CS-RES)
BETWEEN:
NAVEEN RAI, S/O. B. S. SANKAPPA RAI, AGED ABOUT 47 YEARS, R/AT. NO. 2-38/2, 'BHARGAVI', NERALAKATTE, NETLA MUDNUR, NERALAKATTE, BANTWAL TALUK, DAKSHINA KANNADA - 574 253.
…PETITIONER
(BY SRI. RAJASHEKAR S, ADVOCATE)
AND:
Digitally signed by BHARATHI S Location: HIGH COURT OF KARNATAKA
NC: 2023:KHC:44112 WP No. 645 of 2023
VASANTH NAGAR, BENGALURU - 560 052.
…RESPONDENTS
(BY SRI. SIDDHARATH BABU RAO, ADVOCATE FOR R1 AND R2, SRI. A. DEVARAJ., ADVOCATE FOR R3)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO - QUASH THE SALE AUCTION NOTICE IN FORM NO.8 ISSUED UNDER RULE 17(2)(d) DATED 15.12.2022 IN EP. NO. KA RA SAU SAM SA NI / VA AA / 113 / 2021-22 AND THE SALE NOTICE IN FORM NO.9 DTD 15.12.2022 IN EP.NO. KA RA SAU SAM SA NI / VA AA / 1113 /2021-22 ISSUED BY THE R2 FIXING THE DATE FOR AUCTION OF PROPERTY OF THE PETITIONER ON 25.01.2023 AT 11.00 AM VIDE ANNEXURES-A AND B AND ETC.,
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Learned counsel for the petitioner submits that the
condition imposed in the Interim Order dated 12.01.2023 has not been complied with.
filed challenging the auction notices dated 15.12.2023
NC: 2023:KHC:44112 WP No. 645 of 2023
fixing the date of auction as 25.01.2023. In view of the fact that the said date has elapsed, the above petition is dismissed as having been rendered infructuous.
liberty to take such steps as contemplated under law against the petitioner for recovery of amounts, if any.
Sd/JUDGE
AT List No.: 1 Sl No.: 57
1 issue framed by the court
Whether the writ challenge to the auction notice issued by the recovery officer has become infructuous due to the expiration of the auction date.
2 provisions across 2 enactments
NAVEEN RAI
THE STATE OF KARNATAKA, DEPARTMENT OF CO-OPERATION
THE RECOVERY OFFICER N1-441 AND ASST REGISTRAR OF CO-OPERATIVE SOCIETIES, KARNATAKA RAJYA SOUHARDA SAMSTHE SAHAKARA NIYAMITA, VASANTH NAGAR, BENGALURU
ODIYOORU SRI. VIVIDHODESHA SOUHARDHA, SAHAKARI NIYAMITA, ODIYOORU
C.M. POONACHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
