Extracted from the PDF above. The PDF is authoritative.
- 1 -
NC: 2025:KHC:15952 WP No. 24788 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 24788 OF 2023 (CS-RES) BETWEEN:
1. SRI. RAMACHANDRA RAO S/O. K. SRINIVASA RAO, AGED ABOUT 57 YEARS, R/AT NO. 77/8, 2ND MAIN ROAD, VAYALI KAVAL, BENGALURU - 560 003. …PETITIONER (BY SRI. JAYANTHA POOJARY, ADVOCATE) AND:
1. STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF CO-OPERATIVE SOCIETIES, M.S. BUILDING, DR. B. R. AMBEDKAR VEEDHI, BANGALORE - 560 001. 2. THE REGISTRAR THE DEPARTMENT KARNATAKA CO-OPERATIVE SOCIETIES, ALI ASKAR ROAD, BANGALORE - 560 001. 3. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES THE DEPARTMENT KARNATAKA CO-OPERATIVE SOCIETIES, ALI ASKAR ROAD,
Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA
- 2 -
NC: 2025:KHC:15952 WP No. 24788 of 2023
BANGALORE - 560 001. 4. THE MANAGING DIRECTOR KARNATAKA STATE SOWHARDA CO-OPERATIVE SOCIETIES, NO. 68, GROUND FLOOR, BETWEEN 17TH AND 18TH CROSS, MALLESHWARAM, BANGALORE - 560 055. 5. THE MANAGING DIRECTOR OF SOWHARDA SOCIETIES SOWHARDA SAHAKARI SOUDHA, NO.68, GROUND FLOOR, BETWEEN 17TH AND 18TH CROSS, MALLESWARAM, BANGALORE - 560 055. 6. SRI. PREMANANDA P.
THE RECOVERY OFFICER AND ASSISTANT REGISTRAR CO-OPERATIVE SOCIETIES, SOWHARDA SAHAKARI SOUDHA, NO.68, GROUND FLOOR, BETWEEN 17TH AND 18TH CROSS, MALLESHWARAM, BANGALORE - 560 055. 7. ODIYOOR SHRI VIVIDHODDESSHA SOWHARDA SAHAKARI LTD., REGIONAL OFFICE AT BHAGAVATHI OFFICE, INFRONT OF KAPITHANIYO SCHOOL, PAMPVEL, MANGALORE - 575 002, REPRESENTED BY ITS AUTHORIZED OFFICER. 8. SRI. SURESH RAI THE CHAIRMAN, ODIYOOR SHRI VIVIDHODDESSHA SOWHARDA SAHAKARI LTD., REGIONAL OFFICE AT BHAGAVATHI OFFICE, INFRONT OF KAPITHANIYO SCHOOL, PAMPVEL,
- 3 -
NC: 2025:KHC:15952 WP No. 24788 of 2023
MANGALORE - 575 002. 9. SRI. DAYANAND THE CHIEF EXECUTIVE OFFICER, ODIYOOR SHRI VIVIDHODDESSHA SOWHARDA SAHAKARI LTD., REGIONAL OFFICE AT BHAGAVATHI OFFICE, INFRONT OF KAPITHANIYO SCHOOL, PAMPVEL, MANGALORE - 575 002. 10. SRI. SADASHIVA THE MANAGER, ODIYOOR SHRI VIVIDHODDESSHA SOWHARDA SAHAKARI LTD., REGIONAL OFFICE AT BHAGAVATHI OFFICE, INFRONT OF KAPITHANIYO SCHOOL, PAMPVEL, MANGALORE - 575 002. 11. SRI. K. S. GANAPATHI S/O. K. C. SUBBAIAH, MAJOR, R/AT NO. 323, 6TH MAIN ROAD, NEAR J. P. PARK, VIJAYANAGARA, BANGALORE - 560 040. 12. SRI. HEMANATHA SHETTY B. A. MAJOR, S/O NOT KNOWN, R/AT NO.2-45, SHETTY NILAYA, KAPU, MADNURU, DAKSHINA KANNADA - 575 046. 13. SRI. BIDDATHANDA THIMMAYYA NANJAPPA S/O. THIMMAYYA B.M., MAJOR, R/AT NO.
19-37, STUWART HILL, 14TH BLOCK, MADIKERI,
- 4 -
NC: 2025:KHC:15952 WP No. 24788 of 2023
KODAGU - 571 201. 14. SRI. RAVIPRASAD SHETTY K.
S/O. SUNDAR SHETTY, MAJOR, R/AT NO. 1-16, B.M. PADIL, ONNOORU, PUTTURU - 574 203. 15. SRI. K. A. ISMAIL S/O. K. ALI ABBA, MAJOR, R/AT BETTU, NAPOKLU, MADIKERI TLAUK, KODAGU - 574 214. …RESPONDENTS
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE AUCTION NOTICE DTD 14.03.2023 BEARING EP NO.KARASOWSANSANI/VAA/883/2021-22 VIDE ANNEXURE-A ISSUED BY THE R6 AS NULL AND VOID, QUASH THE AUCTION PROCEEDINGS DATED 15.04.2023 CONDUCTED BY THE OFFICIALS OF RESPONDENT BANK NO.8, 9 AND 10 AS NULL AND VOID VIDE ANNEXURE-B AND ETC. THIS 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) issue a writ in the nature of Certiorari or any other appropriate writ or order or direction quash the auction notice dated 14/03/2023 bearing EP No.KaRaSowSanSaNi/VaA/883/2021-22 vide (ANNEXURE-A) issued by the Respondent No.6 as null and void;
- 5 -
NC: 2025:KHC:15952 WP No. 24788 of 2023
(ii) issue a writ in the nature of Certiorari or any other appropriate writ or order or direction to quash the auction proceedings dated 15/04/2023 conducted by the officials of respondent bank No. 8, 9 & 10 as null and void vide ANNEXURE-B
(iii) issue a writ in the nature of Certiorari or any other appropriate writ or order or direction to quash the confirmation letter dated 15/04/2023 issued by the respondent No.7, confirming respondent No.11 successful bidder vide ANNEXURE-C.
(iv) Issue writ in the nature of Mandamus or any other appropriate writ or order or direction, to direct the respondent No.4 to consider the representation dated 25/09/2023 vide (ANNEXURE-S) submitted by the petitioner and take necessary action in accordance with law.
(v) Issue a writ in the nature of Certiorari or any other appropriate writ or order to quash the order dated 27/09/2021 passed by the second respondent bearing No.DRD/Ka.Ra.Sow.Sam.Sa.Ni/9383/2019-2020 (ANNEXURE- Z) attaching Item No.2 & 3 of Schedule properties belongs to the petitioner and his wife is null and void. (iv) Grant such other further relief as may deem fit in the circumstances of the case;"
2. Memo dated 04.04.2025 has been filed by the
learned counsel for the petitioner, which reads as under:
"The petitioner prays that the Hon'ble court may please to permit the petitioner to withdraw the above writ petition, since the above writ petition became
- 6 -
NC: 2025:KHC:15952 WP No. 24788 of 2023
infructuous. The above said memo may be taken on record in the interest of justice."
3. Accepting the said memo and submission of the
learned counsel for the petitioner, petition stands dismissed as withdrawn.
SD/- (SURAJ GOVINDARAJ) JUDGE
AMA List No.: 1 Sl No.: 12