Karnataka High Court
Smt Shakuntala vs The State Of Karnataka on 23 November, 2023
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NC: 2023:KHC:42279
WP No. 886 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE C.M. POONACHA
WRIT PETITION NO. 886 OF 2022 (CS-DAS)
BETWEEN:
1. SMT SHAKUNTALA
W/O DEVENDRA K
AGED ABOUT 55 YEARS
R/AT NO.1-117/01
'DUGGE HOUSE'
MEENAKAILYA POST
PANAMBUR
BAIKAMPADY
MANGALURU - 575 010
... PETITIONER
(BY SRI. RAJASHEKAR S., ADVOCATE)
AND:
Digitally signed
by BHARATHI S 1. THE STATE OF KARNATAKA
Location: HIGH
COURT OF DEPARTMENT OF CO-OPERATION
KARNATAKA
REP. BY IS PRINCIPAL SECRETARY
1ST FLOOR, VIKASA SOUDHA
DR B R AMBEDKAR VEEDHI
BENGALURU - 560 001
2. THE RECOVERY OFFICER N1-441
AND ASST. REGISTRAR OF
CO-OPERATIIVE SOCIETIES
KARNATAKA RAJYA SOUHARDA
SAMSTHE SAHAKARA NIYAMITA
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NC: 2023:KHC:42279
WP No. 886 of 2022
ALI ASKAR ROAD
NEAR RAJ BHAVAN
VASANTH NAGAR
BANGALORE - 560 052
3. THE SALES OFFICER
SHREE POORNANANDA
VIVIDHODHESHA SOUHARDA
SAHAKARI NIYAMITA
1ST FLOOR, NGO BUILDING
NEAR MINI VIDHANA SOUDHA
OPP. CLOCK TOWER
HAMPANKATTA
MANGALURU - 575 001
4. SHREE POORNANANDA
VIVIDHODHESHA SOUHARDA
SAHAKARI NIYAMITA
1ST FLOOR, NGO BUIDLING
NEAR MINI VIDHANA SOUDHA
OPP. CLOCK TOWER
HAMPANKATTA
MANGALURU - 575 001
REP. BY ITS CHIEF EXECUTIVE OFFICER
... RESPONDENTS
(BY SRI. MILIND DANGE, AGA FOR R1 & R2;
SRI A. DEVARAJA, ADVOCATE FOR R3 & R4)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE
NOTICE DATED 30.12.2021 ISSUED BY THE R3, THE AUCTION
NOTICE IN FORM NO.8 IN EP DATED 16.03.2021 AND THE
AUCTION NOTICE IN FORM NO.9 IN EP DATED 16.03.2021
ISSUED BY THE R2 FIXING THE DATE FOR AUCTION ON
03.02.2022 VIDE ANNEXURES-A TO C AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING
IN 'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
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NC: 2023:KHC:42279
WP No. 886 of 2022
ORDER
Counsel for the petitioner, learned AGA for respondent Nos.1 and 2 and learned counsel for respondent Nos.3 and 4 are present.
2. It is forthcoming that this Court by order dated 2.2.2022 has passed the following order:
"Leaned AGA takes notice for respondents No.1 and 2.
Issue Emergent Notice to respondents No.3 and 4.
Learned Counsel for the petitioner is directed to serve a copy of the writ petition along with Annexures on the learned AGA.
Learned Counsel for the petitioner draws the attention of this Court to a communication dated 17.02.2021 made by the petitioner to the respondent-Cooperative Bank. Learned Counsel submits that the petitioner does not dispute the fact of availing loan in a sum of Rs.35 lakhs. However, it is stated in the communication that petitioner's husband had serious medical issues and he had to undergo surgery for gangrene. Moreover, during the COVID-19 pandemic it was not possible for the petitioner to raise the required money for repayment of the land. The loan was obtained for the construction of a residential building in which the petitioner along with her family is now residing. Learned Counsel submits that the immovable property is scheduled to be auction tomorrow i.e., on 03.02.2022.
There shall be an ad-interim order of stay of all further proceedings pursuant to the impugned notice dated 30.12.2021 at Annexure-A, for a period of four weeks from today, subject to the petitioner depositing 25% of the Award amount within a period of four weeks from -4- NC: 2023:KHC:42279 WP No. 886 of 2022 today before the respondent-Cooperative Bank.
Re-list this matter on 07.03.2022 to enable the petitioner to place on record acknowledgement for having deposited the amount as directed by this Court. Failing which, the interim relief granted in favour of the petitioner shall stand recalled automatically."
3. It is not in dispute that the condition imposed in the interim order dated 2.2.2022 has not been complied with.
4. Learned Counsel for the respondent No.4 - bank submits that the appeal filed by the petitioner before the Karnataka Appellate Tribunal has been dismissed for non prosecution. He also submits that the amounts due as on 18.11.2023 by the petitioner is `78,22,449/-.
5. In view of the fact that the petitioner has not complied with the condition imposed in the interim order dated 2.2.2022 and in view of the fact that large amounts of money are due and payable by the petitioner to respondent No.4 - bank, the petitioner has failed in demonstrating that the equitable and discretionary jurisdiction of this Court contained under Article 226 of the -5- NC: 2023:KHC:42279 WP No. 886 of 2022 Constitution of India is required to be exercised in the present case.
6. In view of the aforementioned, the present writ petition is dismissed.
Sd/-
JUDGE ND List No.: 1 Sl No.: 0