- 1 - NC: 2025:KHC:7288 WP No. 13127 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 13127 OF 2024 (CS-RES) BETWEEN: MRS. BEFATHUMMA., W/O HUSSAIN THAIR, AGED ABOUT 50 YEARS ASHMATH MANZIL, ULAIBETTU VILLAGE AND POST, MANGALORE TALUK, D.K - 574 145. …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 RECOVERY OFFICER OF THE CO-OPERATIVE SOCIETIES, MANGALORE SUB DIVISION, MANGALORE - 575 004. 3. SRI. BHAGAVATHI CO-OPERATIVE BANK LIMITED, (REGISTERED UNDER CO-OPERATIVE ACT) REPRESENTED BY ITS CEO, MORGAN'S GATE, JEPPU, MANGALORE - 575 001. Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:7288 WP No. 13127 of 2024 4. ABDUL RASHEED S/O HUSAINABBA AGED ABOUT 48 YEARS, SUNKAMADA HOUSE, ULAIBETTU VILLAGE AND POST, MANGALORE TALUK, D.K - 574 145. 5. MOHAMMED S/O AHMED BEARY AGED ABOUT 48 YEARS NO 2-214/2, ULAIBETTU VILLAGE AND POST, MANGALORE TALUK, D.K - 574 145. …RESPONDENTS (BY SRI. YOGESH D. NAIK, AGA FOR R1) THIS W.P IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE FORM NO. 8 AND 9 AUCTION NOTICE NIL DATED ISSUED BY THE RECOVERY OFFICER OF THE CO-OPERATIVE SOCIETIES, MANGALORE SUB DIVISION, MANGALORE IN ABN NO. 58/2020-21, EP NO. 126/2021-22 AT ANNEXURE A AND B (IN SO FOR AS PETITIONER CONCERN) AND ETC., 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 files memo, which reads as under: "The Petitioner was challenged the Paper publication of auction sale notice dated 08.05.2024 whereas Auction was scheduled on 15.05.2024. Due - 3 - NC: 2025:KHC:7288 WP No. 13127 of 2024 amount as per the Paper publication of Sale notice is Rs.4,60,500/- in view of the same the petition becomes Infructuous. There was no interim order of stay. Hence, the Petitioner has decided to withdraw the above Petition." 2. Memo is taken on record. 3. In view of memo, the writ petition is dismissed as withdrawn. Sd/- ____________________ JUSTICE K.S. HEMALEKHA AT List No.: 1 Sl No.: 9 CT: BHK