Dismissed¶44

Mr Shashisdhar v. the State of Karnataka

Karnataka HC24 Jul 2025WP/8720/2024

Case brief

AI extract

What is this about?

Karnataka High Court, Bengaluru; WRIT PETITION NO.8720 OF 2024 (CS-RES); decided 24 July 2025 by Suraj Govindaraj, J.; co-operative society recovery proceedings; challenge to auction notice in Form No.8 and 9 dated 26.2.24 in Dispute No. ABA No.13/2017-18 and E.P. No.46/2018-19 issued by Recovery Officer (respondent No.2); non-compliance of interim order; Recovery Officer permitted to proceed vide order dated 27.05.2024; nothing survives for consideration; petition dismissed as infructuous; Articles 226 and 227 of the Constitution of India.

What did the court decide?

None; the writ petition was dismissed as infructuous. ¶44

Mr Shashisdhar Vs the State of Karnataka — Writ and Judicial Review | Karnataka HC (2025)

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NC: 2025:KHC:28419 WP No. 8720 of 2024

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 24^TH DAY OF JULY, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ

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WRIT PETITION NO.8720 OF 2024 (CS-RES)

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BETWEEN:

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MR. SHASHIDHAR S/O. MR. UGGAPPA POOJARY AGED ABOUT 57 YEARS MEMBERSHIP NO.23892 DOOR NO.1-107/4 NATI HOUSE, NARIKOMBU BANTWAL - 574 231.

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Digitally signed by SHWETHA RAGHAVENDRA

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Location: HIGH COURT OF KARNATAKA

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MRS. JAYANTHI W/O. MR. SHASHIDHAR AGED ABOUT 47 YEARS MEMBERSHIP NO.23893 DOOR NO.1-107/4 NATI HOUSE, NARIKOMBU BANTWAL - 574 231.

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…PETITIONERS

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(BY SRI K. SHASHIKANTH PRASAD, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATIVE SOCIETY VIDHANA SOUDHA DR. AMBEDKAR VEEDHI BENGALURU - 560 001 REPRESENT BY: CHIEF EXECUTIVE.

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2 - NC: 2025:KHC:28419 WP No. 8720 of 2024

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HC-KAR

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RECOVERY OFFICER AND ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETY MANGALURU SUB-DIVISION MANGALURU - 575 003 REPRESENTED BY THE ASSISTANT REGISTRAR.

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SRI BHAGAVATHI SAHAKARA BANK NIYAMITHA JEPPU, MANGALURU - 575 00 REPRESENTED BY BRANCH MANAGER.

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MR. MUSTHAFA S/O. MR. K. M. BHAVA MEMBERSHIP NO.22682 ASAI, MADAKA HOUSE POST: ASSAIGOLI MANGALURU - 574 199.

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MR. PRAKASH KUMAR S/O. MR. GANGADHAR MEMBERSHIP NO.23845 KERE BASADI, BEHIND SRI DHAVALA COLLEGE MOODBIDRI - 574 227.

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…RESPONDENTS

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(BY SRI HARISH, A. S., A.G.A., FOR R-1 AND R-2; SRI KETHAN KUMAR, ADVOCATE FOR R-3; NOTICE TO R-4 AND R-5 is DISPENSED WITH VIDE ORDER DATED 24/07/2025)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO (A)QUASH THE AUCTION NOTICE IN FORM NO.8 AND 9 DATED 26.2.24 IN DISPUTE NO. ABA NO. 13/2017-18 AND EP. NO. 46/2018-19 FOR THE AUCTION TO BE HELD ON 26-03-2024 ISSUED BY RESPONDENT NO. 2 (ANNEXURE-A AND B) AND (B) GRANT SUCH OTHER RELIEF/S, AS THIS HON'BLE COURT

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NC: 2025:KHC:28419 WP No. 8720 of 2024

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HC-KAR

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DEEMS FIT TO GRANT, UNDER THE CIRCUMSTANCE OF THE PETITION,IN THE INTERESTOF JUSTICE.

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THIS WRIT PETITION COMING ON FOR DISMISSAL, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ

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ORAL ORDER

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The petitioners are before this Court seeking for the following reliefs:

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" (a) Quash the Auction Notice in Form No.8 and 9 dated 26.2.24 in Dispute No.ABA No.13/2017-18 and EP. No. 46/2018-19 for the auction to be held on 26-03-2024 issued by respondent No.2 (Annexure-A and B) and

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(b) Grant such other relief/s, as this Hon'ble Court deems fit to grant, under the circumstance of the petition, in the interest of justice."

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On account of non-compliance of interim order

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passed, this Court, vide order dated 27.05.2024, had permitted the Recovery Officer to proceed in accordance with law.

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NC: 2025:KHC:28419 WP No. 8720 of 2024

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HC-KAR

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The relief which has been sought for being limited in respect of an auction notice and the Recovery Officer having been permitted to go on with the auction, nothing survives for consideration.

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Accordingly, the present petition is dismissed as

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infructuous .

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SD/(SURAJ GOVINDARAJ) JUDGE

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BMV*

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List No.: 1 Sl No.: 28

Mr Shashisdhar v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Mr Shashisdhar v. the State of Karnataka

Case brief

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