Extracted from the PDF above. The PDF is authoritative.
- 1 -
NC: 2025:KHC:3977 WP No. 11216 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 11216 OF 2024 (CS-RES) BETWEEN:
PRIYANKA N RAJ D/O LATE G.S. NAGARAJ AGED ABOUT 37 YEARS R/O 'SINDHURA NILAYA' NO.D151, 'D' BLOCK, 2ND CROSS GOPALAGOWDA BADAVANE SHIVAMOGGA-577 201 …PETITIONER (BY SRI. M.A. RAJENDRA, ADVOCATE) AND:
1.
THE ASSISTANT REGISTRAR CO-OPERATIVE SOCIETIES AND THE DEPARTMENT ARBITRATOR SHIVAMOGGA-577 201
2.
THE MANAGING DIRECTOR THE SHIVAMOGGA DISTRICT CO-OPERATIVE CENTRAL BANK LTD., HEAD OFFICE, BALRAJ URS ROAD SHIVAMOGGA-577 201
3.
THE RECOVERY OFFICER THE SHIVAMOGGA DISTRICT CO-OPERATIVE CENTRAL BANK LTD.,
Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA
- 2 -
NC: 2025:KHC:3977 WP No. 11216 of 2024
HEAD OFFICE, BALRAJ URS ROAD SHIVAMOGGA-577 201 …RESPONDENTS (BY SRI. SIDHARTH BABU RAO, AGA FOR R1;
SRI. DAYANAND S. PATIL, ADVOCATE FOR R2;
R3-SERVED & UNREPRESENTED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE SALE PROCLAMATION (FORM NO.9) DATED 14/03/2024 ISSUED BY THE R3 VIDE ANNEXURE-L TO THE WP AND DIRECT THE R2 AND 3 TO FURNISH THE ACCOUNT DETAILS IN RESPECT OF THE LOANS OBTAINED BY HER FATHER AND THE PETITIONER AS PER THE REPRESENTATION SUBMITTED BY THE PETITIONER DATED 28/03/2024 PRODUCED AS ANNEXURE-M TO THE WP AND THE LEGAL NOTICE GOT ISSUED BY THE PETITIONER AS PER ANNEXURE-N DATE 05/04/2024 TO THE WP.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MRS JUSTICE K.S. HEMALEKHA
ORAL ORDER
Learned counsel for the petitioner in this petition is seeking for the following reliefs: (i) Issue a writ in the nature of certiorari and to quash the sale proclamation (Form No.9) dated 14.03.2024 issued by the 3rd respondent vide Annexure-L to the writ petition;
- 3 -
NC: 2025:KHC:3977 WP No. 11216 of 2024
(ii) Issue a writ in the nature of mandamus directing the respondents 2 and 3 to furnish the account details in respect of the loans obtained by her father and the petitioner as per the representation submitted by the petitioner dated 28.03.2024 produced as Annexure-M to the writ petition and the legal notice got issued by the petitioner as per Annexure-N dated 05.04.2024 to the writ petition;
(iii) Pass such other suitable order/orders as this Hon'ble Court deems it appropriate in the facts and circumstances of the case to secure the ends of justice.
(iv) Award the cost throughout including the present proceeding.
2.
Learned counsel for the respondents submits that the auction which was scheduled on 14.03.2024 was not conducted for want of proper bidders and the petition insofar as prayer No.1 has become infructuous, which fact is not disputed by the petitioner.
3. Insofar as prayer No.2 is concerned, learned counsel for the petitioner submits that the direction is
- 4 -
NC: 2025:KHC:3977 WP No. 11216 of 2024
sought against respondent No.2 to furnish the account details in respect of the loan obtained by the petitioner's father as per the representation at Annexure-M, which representation is not yet considered.
4.
Learned counsel for the respondents submits that respondent Nos.2 and 3 have furnished the account details in respect of the loans obtained by the petitioner’s father vide communication dated 15.01.2025. The same is recorded.
5. In light of furnishing of the account details, prayer No.2 would also not survive for consideration.
For the foregoing reasons, the writ petition is dismissed as having become infructuous.
Sd/- JUSTICE K.S. HEMALEKHA
NS List No.: 1 Sl No.: 29