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Karnataka High Court

Anand S/O. Rangappa Kolli vs The Assistant Director Of on 29 November, 2022

Author: Hemant Chandangoudar

Bench: Hemant Chandangoudar

                                       -1-




                                                WP No. 103201 of 2021

            IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                 DATED THIS THE 29TH DAY OF NOVEMBER, 2022

                                    BEFORE
             THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
                 WRIT PETITION NO. 103201 OF 2021 (CS-DAS)
            BETWEEN:

            ANAND S/O. RANGAPPA KOLLI
            AGE. 48 YEARS, OCC. ADVOCATE,
            R/O SULIKERI VILLAGE, TQ. BADAMI,
            DIST. BAGALKOT

                                                          ...PETITIONER
            (BY SRI PRAKASH ANADANIMATH, ADVOCATE)

            AND:

            1.   THE ASSISTANT DIRECTOR OF
                 CO-OPERATIVE SOCIETIES REGISTRAR
                 (RULE 441) AND RECOVERY OFFICER,
                 BAGALKOT DISTRICT.

            2.   THE CHIEF EXECUTIVE OFFICER
                 JYOTI CO-OPERATIVE CREDIT SOCIETY LTD,
                 HEAD OFFICE, NAVANAGAR,
Digitally
signed by
                 BAGALKOT, TALUK & DISTRICT BAGALKOT.
SUJATA
SUBHASH
PAMMAR
                                                      ...RESPONDENTS
            (BY SRI V. S. KALASURMATH, HCGP FOR R1
            SRI M. C. HUKKERI, ADVOCATE FOR R2)

                 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
            THE CONSTITUTION OF INDIA, PRAYING TO (A) ISSUE A WRIT
            IN THE NATURE OF CERTIORARI TO QUASH THE AUCTION
            NOTICES IN FORM NO.8 U/RULE 38(2) (D) AND FORM NO.9
            U/RULE 38(D) RESPECTIVELY DATED 15-07-2021 PASSED BY
            THE RESPONDENT NO.1 (ANNEXURE-B B1) AND ETC.,
                              -2-




                                      WP No. 103201 of 2021

     THIS PETITION COMING ON FOR PRELIMINARY HEARING
B- GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:

                           ORDER

The petitioner has challenged the auction notice issued by respondent No.1 for auctioning of the property mortgaged with the society for recovering the loan amount which is due from the petitioner.

2. This Court granted interim order on 02.09.2021 subject to the petitioner depositing Rs.3,00,000/- before this Court within a period of four weeks from today, if the said amount was not deposited, the respondents were reserved liberty to proceed with the auction. The petitioner having not complied with the interim order, the relief sought for in this petition cannot be granted.

Accordingly, petitioner stands dismissed.

Sd/-

JUDGE SSP List No.: 1 Sl No.: 77