Petitioners seeking to quash e-auction notices and direct consideration of cases in OT Scheme. Court held petition infructuous as no purchasers attended e-auction, allowing withdrawal with liberty to approach Court if cause of action arises.
Permitted to withdraw petition with liberty to approach Court whenever cause of action arises.
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IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 10TH DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MR. JUSTICE H.P.SANDESH
WRIT PETITION NO. 105190 OF 2024 (GM-RES)
BETWEEN:
…PETITIONERS
(BY SRI. SADIQ N. GOODWALA, ADVOCATE)
AND:
GIRIJA A BYAHATTI
Location: HIGH COURT OF KARANTAKA DHARWAD BENCH
THE AUTHORIZED OFFICER, CANARA BANK, 1ST FLOOR, JAIN BOARDING, STATION ROAD, HUBBALLI-580030.
…RESPONDENT
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI TO QUASH THE E AUCTION SALE NOTICES DATED 16-07-2024 PASSED BY THE RESPONDENT (ANNEXURE-A); ISSUE A WRIT IN THE NATURE OF MANDAMUS/ORDER/DIRECTION DIRECTING THE RESPONDENT TO CONSIDER THE CASE OF PETITIONER IN OT S SCHEME; GRANT SUCH OTHER OR DIRECTION AS DEEMED FIT UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE.
THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE H.P.SANDESH)
Learned counsel for the petitioners submits that, though an e-auction was fixed, none of the purchasers came forward to purchase the property. Hence this petition has become infructuous and the petitioners may be given liberty to approach this Court whenever the cause of action arises for them.
Hence, the petitioner is permitted to withdraw the petition with the liberty as sought.
The petition is dismissed as withdrawn.
Sd/(H.P.SANDESH) JUDGE
gab CT-MCK List No.: 1 Sl No.: 34
2 provisions across 1 enactments
M/S. HUBBALLI TRACTORS
MR. SAMSON BHASKAR KSHIRASAGAR
GIRIJA A BYAHATTI
THE AUTHORIZED OFFICER, CANARA BANK
H.P.SANDESH
As recorded by the court registry
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