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

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Karnataka High Court

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

Bench: Hemant Chandangoudar

                                       -1-




                                                 WP No. 103202 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. 103202 OF 2021 (CS-DAS)
            BETWEEN:

            SUBHASH S/O. RANGAPPA KOLLI
            AGE. 55 YEARS, OCC. ADVOCATE,
            R/O. SULIKERI VILLAGE, TQ. BADAMI,
            DIST. BAGALKOT.
                                                          ...PETITIONER
            (BY SRI. PRAKASH ANDANIMATH.,ADVOCATE)

            AND:

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

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

                 THIS WP 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 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 AND B1) AND ETC.,

                 THIS PETITION COMING ON FOR PRELIMINARY HEARING
            B- GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
                              -2-




                                      WP No. 103202 of 2021

                           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.2,00,000/- before this Court within a period of four weeks from today and 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.: 78

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Karnataka High Court