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2025 DAILYLAW 32106 (KAR)

N UMAPATHI v. RECOVERY OFFICER (RULE441) AND ASST. REGISTRAR OF COOP SOCIETIES

WP/23755/2024 · 2025-07-10

Suraj Govindaraj

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:25264 WP No. 23755 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 23755 OF 2024 (CS-RES) BETWEEN: N UMAPATHI AGED ABOUT 63 YEARS S/O LATE N NANJUNDAIAH VEERABHADRESHWARA NILAYA IX CROSS, OPP. TUDA PARK BADDIHALLI BADAVANE TUMAKURU - 572 104 …PETITIONER (BY SRI. VINAYA KEERTHY M., ADVOCATE) AND: 1. RECOVERY OFFICER (RULE 441) AND ASST. REGISTRAR OF COOP. SOCIETIES NO.68, 1ST FLOOR BETWEEN 17TH AND 18TH CROSS MARGOSA ROAD, MALLESHWARAM BENGALOORU - 560 055 2. SRI UDAYARAVI SOUHARDA PATTINA SAHAKARA NIYAMITA UDARAVI BHAVANA, 7TH CROSS I MAIN, KR EXTENSION, TIPTUR - 572 201 REP. BY ITS MANAGER …RESPONDENTS THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED AUCTION NOTICE NO.KARASOUSAMSANI/SASAMSANI/VAAA/382/ 2023-24 DTD.14.08.2024 FIXING THE DATE OF AUCTION ON 24.09.2024 (ANNX-E) ISSUED BY THE R-1 AND ETC. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:25264 WP No. 23755 of 2024 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER The petitioner is before this Court, seeking for the following relief: "(a) Issue a writ of certiorari quashing the impugned auction notice No.KaRaSouSamSaNi/SaSamSaNi/VaAa/382/2023-24 DT.14.08.2024 fixing the date of auction on 24.09.2024 (Annexure-E) issued by the first respondent; (b) Issue a writ of mandamus directing the second Respondent to consider the Petitioner's representation Dt. 04.07.2024 (Annexure-D) provide an opportunity to the Petitioner to clear the loan amount duly waiving off interest and other expenses & charges, under one time settlement scheme; (c) Pass such other relief/s as this Hon'ble Court deems fit & proper in the interest of justice & equity." 2. The memo dated 10.07.2025 signed by the learned counsel for the petitioner has been filed, which reads as under: " MEMO The undersigned counsel for the petitioner submits that the petitioner is not pressing the petition hence permit the petitioner to withdraw the same. kindly accept the same in the interest and equity." - 3 - HC-KAR NC: 2025:KHC:25264 WP No. 23755 of 2024 3. Accepting the memo and submission of the learned counsel for the petitioner, Petition is dismissed as withdrawn. SD/- (SURAJ GOVINDARAJ) JUDGE KG List No.: 1 Sl No.: 38