Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:40588 WP No. 11439 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE M G UMA WRIT PETITION NO. 11439 OF 2022 (CS-RES) BETWEEN:
SMT. SOWMYA W/O LATE. JAGADHISH, AGED ABOUT 35 YEARS, R/AT LINGADADI HOUSE, GARDADI VILLAGE AND POST, BELTHANGADY TALUK, D.K. - 574217 …PETITIONER (BY SRI. DHANANJAY KUMAR, ADVOCATE) AND:
1. THE TAHASILDAR, BELTHANGADY TALUK, D.K.DISTRICT - 574 227
2. THE RECOVERY OFFICER, ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, KARNATAKA STATE CO-OPERATIVE SOCIETIES LIMITED, #246, 18TH CROSS, MALLESHWARAM, MARGOSA ROAD, BANGALORE - 560055. 3. ADMINISTRATOR, MATRUBHUMI SOUHARDA SAHAKAARI LIMITED, ADITYA TOWERS, GURUPUR KAIKAMBA, KINNIKAMBLA, MANGALORE TQ - 574 151 …RESPONDENTS (BY SRI. S.R. KHAMROZ KHAN, AGA FOR R1 & 2 SRI. VITTALASHETTY P., ADVOCATE FOR R3)
Digitally signed by PRASHANTH N V Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:40588 WP No. 11439 of 2022
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE NOTICE DTD. 28.01.2021 IN REF.NO. KA.RA.SOW.SAM.SA.NI/SA.SA.NI/VA.A/1045/2019-20 VIDE ANNX-A ISSUED BY THE R-2 AND ISSUE A WRIT OF MANDAMUS DIRECTING THE R-2 AND 3 TO CONSIDER THE REPRESENTATION MADE BY THE PETITIONER DTD. 22.02.2021 VIDE ANNX-B AND C. AND ETC.,
THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING - B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM:
HON'BLE MRS. JUSTICE M G UMA ORAL ORDER The petitioner has approached this Court seeking issuance of writ in the nature of Certiorari, to quash the show-cause notice dated 28.01.2021 issued by respondent No.2 produced as per Annexure-A and direct respondents No.2 and 3 to consider the representation made by the petitioner dated 22.02.2021 produced as per Annexures-B and C.
2. Heard Sri. Dhananjay Kumar, learned counsel for petitioner, Sri S. R. Khamroz Khan, learned Additional Government Advocate for respondents No.1 and 2 and Sri. Vittala Shetty P., learned counsel for respondent No.3. Perused the materials on record. - 3 -
HC-KAR NC: 2025:KHC:40588 WP No. 11439 of 2022
3. Learned Additional Government Advocate for respondents No.1 and 2 and the learned counsel for respondents No.3 in unison submit that, pursuant to the show- cause notice, the sale notice was also issued. 4. The said sale notice was challenged by one Yogesh in W.P.No.18303/2021.
The said writ petition came to be dismissed as the same has been rendered infructuous. Under such circumstances, the show-cause notice which was issued much earlier to the sale notice has been rendered infructuous and the petition is liable to be dismissed. 5. Learned Additional Government Advocate for respondents No.1 and 2 submits that respondent No.2 has to issue fresh notice in accordance with law and under such circumstances, the petition does not survive for consideration. 6. When W.P.No.18303/2021 was filed by the petitioner therein seeking to quash the Auction Notification dated 10.09.2021, the Co-ordinate Bench of this Court considering the submission made by respondent No.3 therein that no auction has been conducted pursuant to the sale notice dated
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HC-KAR NC: 2025:KHC:40588 WP No. 11439 of 2022
10.09.2021 and recording such submission, the writ petition came to be dismissed as the same has been rendered infructuous. 7. In this writ petition, the petitioner is seeking to quash the show-cause notice which was issued much earlier. In view of the submission made by learned Additional Government Advocate for respondents No.1 and 2, I do not find any reason to entertain the petition as show-cause notice has already been rendered infructuous. The petitioner is at liberty to approach respondent No.2 to highlight the grievance, if any, with regard to sale of the property. Accordingly, the petition is dismissed as having become infructuous. The petitioner is at liberty to approach respondent No.2 to highlight the grievance, if any, with regard to sale of the property. Sd/- (M G UMA) JUDGE
MKM CT:VS