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2025 DAILYLAW 19608 (KAR)

MOHAMMED HANEEF v. THE STATE OF KARNATAKA

WP/6665/2025 · 2025-04-09

Suraj Govindaraj

body2025

Judgment text

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- 1 - NC: 2025:KHC:15347 WP No. 6665 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 6665 OF 2025 (CS-RES) BETWEEN: MOHAMMED HANEEF S/O. HYDER ALI, AGED ABOUT 42 YEARS, ZEENATH MANZIL, SITE NO.304, 7TH BLOCK, KRISHNAPURA POST SURATHKAL, MANGALORE, DAKSHINA KANNADA - 575014. …PETITIONER (BY SMT. KAVITHA N., ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION SOCIETY, VIDHANA SOUDHA, DR.AMBEDKAR VEEDHI, BENGALURU 560 001. REPRESENTED BY ITS SECRETARY. 2. THE ASSISTANT REGISTRAR, THE RECOVERY OFFICER OF CO-OPERATIVE SOCIETIES, MANGALORE SUB DVN, MANGALORE -575014. 3. BHAGAVATHI SAHAKARA BANK LTD, (REGISTERED UNDER CO-OPERATIVE SOCIETY ACT) REP BY ITS CEO, MORGAN'S GATE, MANGALORE, DAKSHINA KANNADA - 575001. …RESPONDENTS (BY SRI. YOGESH D. NAIK., AGA FOR R1 & R2; SRI. KETHAN KUMAR., ADVOCATE FOR R3) Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:15347 WP No. 6665 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE FORM NO.8 AND 9 AUCTION NOTICES DATED 27/01/2025 ISSUED BY THE RECOVERY OFFICER OF CO-OPERATIVE SOCIETIES, MANGALORE SUB DVN, MANGALORE IN DECREE NO.66/2024-25, E.P NO. 169/2024-25 AT ANNEXURE-A AND B AND ALL OTHER FURTHER PROCEEDINGS PURSUANT THERETO, (IN SO FAR AS PETITIONERS CONCERN) AND ETC. THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The Petitioner is before this court seeking for the following reliefs: i. To quash the Form No. 8 and 9 auction notices dated 27.01.2025 issued by the Recovery Officer of Co- operative Societies, Mangalore Sub Dvn, Mangalore in Decree No.66/2024-2, E.P.No.69/2024-2 at Annexure-A and B and all other further proceedings pursuant to, (in so far as petitioner’s concern) ii. To grant such other relief as the Hon’ble Court deems fit to grant in the facts and circumstances of the case. 2. On enquiry with the learned counsel for the Petitioner as to whether the interim order has been complied with, she fairly submits that the same has not been complied with as the petitioner is unable to do so. If that be so, the interim order having stood - 3 - NC: 2025:KHC:15347 WP No. 6665 of 2025 automatically vacated on 7.4.2025. Reserving liberty to the respondent – Bank to confirm the auction, the Writ Petition stands dismissed. SD/- (SURAJ GOVINDARAJ) JUDGE PRS List No.: 2 Sl No.: 16