BASAVANTAYYA SIDDARAMAYYA MUPPAINANNAVAR v. THE DEPUTY REGISTRAR OF
WP/112186/2017 · 2025-05-02
S G Pandit
body2025
DailyLaw.ai
[ 2025 DAILYLAW 52956 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 52956 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC-D:7130 WP No. 112186 of 2017
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 2ND DAY OF MAY, 2025 BEFORE THE HON'BLE MR. JUSTICE S G PANDIT WRIT PETITION NO. 112186 OF 2017 (GM-RES) BETWEEN:
BASAVANTAYYA SIDDARAMAYYA MUPPAINANNAVAR AGED ABOUT 65 YEARS, OCC: AGRICULTURE, R/AT: NANDIKESHWAR, TALUKA: BADAMI-587201, DIST: BAGALKOT. …PETITIONER (BY SRI. SUNIL S. DESAI, ADVOCATE)
AND:
1. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, BAGALKOT, DIST: BAGALKOT-587101. 2. VEERAPULIKESHI CO-OPERATIVE SOCIETY BANK LTD., BADAMI, R/BY ITS MANAGER, TALUK: BADAMI, DIST: BAGALKOT. 3. THE ASSISTANT COMMISSIONER, BAGALKOT, DIST: BAGALKOT. …RESPONDENTS (BY SRI. V.S. KALASURMATH, AGA FOR R1 & R3;
NOTICE TO R2 IS SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO, ISSUE A WRIT ORDER OR DIRECTION IN THE NATURE OF CERTIORARI QUASHING THE NOTICE DATED-NIL-NO.KARA.MA.BHA.LEELAVA 2017-18/4 IN SO FAR AS IT RELATES TO AUCTIONING OF HOUSE PROPERTY OF THE PETITIONER AT SL.NO.13, AS PER ANNEXURE-H AS ILLEGAL, ARBITRARY AND ONE PASSED IN VIOLATION OF ARTICLE 14 & 16 OF THE CONSTITUTION OF INDIA, IN THE INTEREST OF JUSTICE AND EQUITY & ETC. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
MALLIKARJUN RUDRAYYA KALMATH Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA DHARWAD BENCH
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NC: 2025:KHC-D:7130 WP No. 112186 of 2017
CORAM:
THE HON'BLE MR. JUSTICE S G PANDIT
ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S G PANDIT)
None appears for the petitioner. Writ petition is of the year 2017. 2. The petitioner is before this Court questioning the auction bearing No. NO.KARA.MA.BHA.LEELAVA 2017-18/4 fixing the date of auction as 19.12.2017 to recover a sum of Rs.5,76,305/- with interest and other expenses initiated by the 2nd respondent – society. 3. This Court granted interim order of stay of Annexure-H insofar as petitioner is concerned subject to the petitioner depositing 25% of the amount with the 2nd respondent on or before 19.12.2017. However, whether the amount is deposited or not is not forthcoming from the records. However, since the date of auction has already expired, the question of going into the validity of Annexure-H at this stage would not arise.
It is open for the petitioner to make appropriate representation seeking one time settlement or to
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NC: 2025:KHC-D:7130 WP No. 112186 of 2017
discharge the loan. If such representation is made, the 2nd respondent would consider the same in accordance with law. With the above, writ petition stands disposed of. Sd/- (S G PANDIT) JUDGE
CLK, CT:VP LIST NO.: 1 SL NO.: 23