Single judge order dismissing a writ petition challenging an E-auction notice. Court held petition does not survive as auction date had passed and deposit condition met.
Petition dismissed; liberty reserved to society to recover dues and to petitioner to contest steps taken by society.
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NC: 2024:KHC:7134 WP No. 4902 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE
WRIT PETITION NO. 4902 OF 2022 (CS-RES)
BETWEEN:
MR. JAGADISH SALIAN, S/O MR. KARIYA POOJARY, AGED ABOUT 41 YEARS, MEMBERSHIP NO: 25626, D.NO. 8 -136, DURGA NIVAS,
POST: PADU KONAJE, MOODBIDRI - 574 227.
…PETITIONER
(BY SRI. K. SHASHIKANTH PRASAD, ADVOCATE)
AND:
Digitally signed by C HONNUR SAB Location: HIGH COURT OF KARNATAKA
NC: 2024:KHC:7134 WP No. 4902 of 2022
…RESPONDENTS
(BY SRI. M. SRINIVAS KUMAR, HCGP FOR R1 AND R2; SRI. ANANTH PRASAD NADIGA N.M, ADVOCATE FOR SRI. N.R. KRISHNAPPA, ADVOCATE FOR R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE E-AUCTION NOTICE DATED 25.01.2022 FOR FORM NO.8 AND FORM NO-9 IN ABN 154/2019-20 AND EP NO.39/2020-21 FOR AUCTION TO BE HELD ON 11.03.2022 VIDE ANNEXURE-A AND B
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Heard.
scheduled on 11.03.2022. This Court vide Interim Order dated 04.03.2022 stayed the auction subject to petitioner depositing 25% of the award amount.
NC: 2024:KHC:7134 WP No. 4902 of 2022
Court is of the view that the petition does not survive for
consideration. Accordingly, I pass the following :
ORDER
(ii) Liberty is reserved to the respondent-Society to recover the dues in case the dues are not yet recovered.
(iii) The respondent-Society shall proceed to recover the dues if any, by following the procedures in accordance with law.
With these observations, the writ petition is disposed of. Nothing is expressed on the merit of the case of either of the parties.
Sd/JUDGE
SNC/List No.: 1 Sl No.: 26/CT: BHK
1 issue framed by the court
Whether the writ petition challenging an auction notice survives when the time of auction has passed.
1 provisions across 1 enactments
Mr. Jagadish Salian
The State of Karnataka, Department of Co-operative Society
Recovery Officer and Assistant Registrar of Co-operative Society
Sri. Bahgavathi Co-operative Bank Ltd.
Anant Ramanath Hegde
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
