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2025 DAILYLAW 53587 (KAR)

SHRI. SURESH BALAKRISHNA SONDAKAR v. THE CHIEF EXECUTIVE OFFICER

WP/101628/2025 · 2025-09-22

Suraj Govindaraj

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:12831 WP No. 101628 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 22ND DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 101628 OF 2025 (CS-DAS) BETWEEN: SHRID SURESH BALAKRISHNA SONDAKAR AGED ABOUT 61 YEARS, OCC. AGRICULTURE, R/O. MOLE, TQ. KAGAWAD, DIST. BELAGAVI-591303. …PETITIONER (BY SRI. SANGAMESH S. GHULAPPANAVAR, ADVOCATE) AND: 1. THE CHIEF EXECUTIVE OFFICER SHRI SHIVANANDA CO-OP. CREDIT SOCIETY LTD., MOLE, TQ. KAGAWAD, DIST. BELAGAVI. 2. THE SELLING OFFICER BAGALKOT DISTRICT AGRICULTURAL CO-OPERATIVE SOCIETIES/CO-OPERATIVE UNION, BAGALKOTE. …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO A. ISSUE WRIT OF CERTIORARI, BY QUASHING IMPUGNED AUCTION NOTICE DATED 03/02/2025 ISSUED BY RESPONDENT NO 2, PRODUCED AT ANNEXURE -C1. B ISSUE WRIT OF MANDAMUS DIRECTING THE RESPONDENT NO.1 TO RECEIVE THE OUTSTANDING LOAN AMOUNT FROM PETITIONER AND GIVE CLEARANCE CERTIFICATE WITH RESPECT TO AFORESAID Digitally signed by GIRIJA A. BYAHATTI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:12831 WP No. 101628 of 2025 PETITION PROPERTY. C ISSUE SUCH OTHER WRIT, ORDER OR DIRECTION AS THIS HON BLE COURT DEEMS FIT IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioner is before this Court seeking for the following reliefs: a. Issue writ of certiorari, by quashing impugned auction notice dated 03/02/2025 issued by respondent no 2, produced at Annexure -C1. b. Issue writ of mandamus directing the respondent no.1 to receive the outstanding loan amount from petitioner and give clearance certificate with respect to aforesaid petition property. c. Issue such other writ, order or direction as this Hon’ble Court deems fit in the interest of justice and equity. 2. A memo dated 22.09.2025, signed by the learned counsel for the petitioner has been filed, which reads as under: “That, the present petitioner herein has instructed that, he has paid the loan amount - 3 - HC-KAR NC: 2025:KHC-D:12831 WP No. 101628 of 2025 by way of one time settlement. Hence it is most respectfully prayed that this Hon’ble Court may kindly be pleased to permit the petitioner to withdraw the present writ petition as not pressed, in the interest of justice and equity. Hence this memo.” 3. Accepting the said memo and submission of the counsel for the petitioner, petition is dismissed as withdrawn. 4. In view of disposal of the writ petition, pending interlocutory applications, if any, do not survive for consideration and are disposed of accordingly. Sd/- (SURAJ GOVINDARAJ) JUDGE gab CT:PA List No.: 2 Sl No.: 8