- 1 - NC: 2025:KHC:3393 WP No. 22623 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 22623 OF 2024 (CS-RES) BETWEEN: SRI. HEMANTH KUMAR, S/O VITTALA SHETTY, AGED ABOUT 40 YEARS, R/AT BOLLOTTU HOUSE, PERMANU OST, KANYADI - I, BELTHANGADY TALUK, DAKSHINA KANNADA DISTRICT - 574 214. …PETITIONER (BY SRI. DHANANJAY KUMAR., ADVOCATE) AND: 1. RECOVERY OFFICER OF COOPERATIE SOCIETIES, K.C.S.R. 441, SOUTH CANARA DISTRICT, CENTRAL COOPERATIVE BANK LTD, KODIABAIL, MANGALURU - 575 003. 2. BANGADY AGRICULTURUAL COOPERATIVE SOCIETY LTD, BANGADY, BELTHANGADY TALUK, DAKSHINA KANNADA DISTRICT - 574 214. REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER. (REG UNDER COOPERATIVE SOCIETY ACT,1957). …RESPONDENTS (BY SRI.YOGESH.D.NAIK., AGA FOR R-1; Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:3393 WP No. 22623 of 2024 SRI.KETHAN KUMAR., ADVOCATE FOR R-2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ACUTION NOTICE IN FORM NO.8 AND 9 IN DISPUTE NO.60/2021-22 AND C.E.P.NO.703/2022-23 DTD. 10.07.2024 AT ANNX-A AND B RESPECTIVELY ISSUED BY R-1 HEREIN 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 The petitioner is seeking to quash the auction notice in Form No.8 and 9 dated 10.07.2024 at Annexures-A and B. This Court, by an interim arrangement permitted the respondents to proceed with the auction scheduled to be conducted on 23.08.2024, but the confirmation of the same was stayed till the next date of hearing, subject to the petitioner depositing a sum of Rs.4,00,000/- before respondent No.2-Society on or before 26.09.2024. 2. The counsel appearing for respondent No.2- Society submits that the auction which was scheduled on - 3 - NC: 2025:KHC:3393 WP No. 22623 of 2024 23.08.2024, was not concluded. In light of the order passed by this Court on 22.08.2024, the present writ petition has become infructuous. 3. Learned counsel for the petitioner does not dispute that on the date scheduled for auction was not conducted. 4. Placing the submissions of the learned counsels, the writ petition is disposed of as having become infructuous. Sd/- JUSTICE K.S. HEMALEKHA AMA List No.: 1 Sl No.: 23