- 1 - NC: 2025:KHC-D:2283 WP No. 105290 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 6TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO.105290 OF 2023 (CS-DAS) BETWEEN: SMT. KAVITA W/O. NARROTAM DEVARADDI, AGE: 43 YEARS, OCC: BUSINESS, R/O: WARD NO 4, MAHARAJA COLONY, RAGHAVENDRA NILAYA MUDHOL, TQ: MUDHOL, DIST: BAGALKOT. …PETITIONER (BY SRI SRINIVAS B. NAIK AND SMT. RUKMINI PATIL, ADVOCATES) AND: 1. THE STATE OF KARNATAKA, DEPARTMENT OF CO OPEARATION, VIDHAN SOUDAH, BENGALURU - 560 001, REPRESENTED BY ITS P RINCIPAL SECRETARY. 2. THE KARNATKA STATE URBAN CO-OPERATIVE BANKS FEDERATION LIMITED, NO. 132 K. H. ROAD (DOUBLE ROAD), BENGALURU - 560 027, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER. 3. THE REGISTRAR OF CO-OPERATIVE SOCIETIES, NO 1, ALI ASKER ROAD, BENGALURU - 560 001. 4. THE JOIJNT REGISTRAR OF CO OPERATIVE SOCIETIES AND ADJUDICATING OFFICER, KARNATAKA STATE URBAN Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - NC: 2025:KHC-D:2283 WP No. 105290 of 2023 CO OPERATIVE BANKS FEDERATION LIMITED, REGIONAL OFFICE, HUBBALLI NO.1, 9/10, DOLLARS COLONY, BEHIND NEW BUS STAND, GOKUL ROAD, HUBBALLI - 580 030, TQ: HUBBALLI, DIST: DHARWAD. 5. THE ASSISTANT REGISTRAR OF CO OPERATIVE SOCIETIES AND RECOVERY OFFICER, KARNATAKA STATE URBAN CO OPERATIVE BANKS, FEDERATION LIMITED, REGIONAL OFFICE, HUBBALLI, NO. I, 9/10, DOLLARS COLONY, BEHIND NEW BUS STAND, GOKUL ROAD, HUBBALLI - 580 030, TQ: HUBBALLI, DIST: DHARWAD. 6. SHRI BASAVESHWAR CO OPERATIVE BANK LIMITED, SECTOR NO.25, NAVANAGAR BAGALKOT 587 101, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER. …RESPONDENTS (BY SMT. KIRTILATA R. PATIL, HCGP FOR R1 AND R3 TO R5; SRI K.S.PATIL, ADVOCATE FOR R6; NOTICE TO R2 IS SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUE A WRIT OF CERTIORARI, QUASHING THE IMPUGNED AWARD DATED 11/10/2022 PASSED BY RESPONDENT NO.4 BEARING NO.J.R.D/UBF/1181/2022- 23 VIDE ANNEXURE-C INSOFOR AS PETITIONER IS CONCERN. ISSUE A WRIT OF CERTIORARI, QUASHING THE IMPUGNED AUCTION NOTICES DATED 24/07/2023 PASSED BY RESPONDENT NO.5 VIDE ANNEXURE-A,A1,A2 AND A3 RESPECTIVELY AND ETC., THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC-D:2283 WP No. 105290 of 2023 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. This Court owing to the urgency projected by the petitioner had passed the following order on 21.01.2025: “The petitioner is before this Court calling in question an auction that is slated to be held on 22.01.2025 i.e., tomorrow. The outstanding amount according to the notification is Rs.2,00,34,985/- The petitioner submits that he is ready and willing to deposit Rs.50,00,000/- on or before the 30.01.2025 and another Rs.50,00,000/- in the next four weeks thereafter. The submission is placed on record. In that light and also in the light of the fact that the petitioner has defaulted in payment earlier, I deem it appropriate to permit the auction to be held but no sale certificate shall be issued to the successful auction purchaser until further orders. This would be subject to the condition that the petitioner would deposit Rs.50,00,000/- as is undertaken hereinabove. In the event the petitioner would not deposit the said amount of Rs.50,00,000-/, sale certificate would be directed to be issued to the successful auction purchaser. Hand delivery is permitted. List on 31.01.2025 in fresh matters list.” 2. The auction did not take place on the said day. Therefore, the date of auction had spent itself. Learned counsel submitted that he would make all efforts to - 4 - NC: 2025:KHC-D:2283 WP No. 105290 of 2023 deposit Rs.50,00,000/- to the Bank on or before today i.e. on 06.02.2025, even then the deposit is not made, is the submission of Sri.K.S.Patil learned counsel for the respondent No.6. 3. Therefore the petition does not deserve any entertainment. The petition stands dismissed in the light of the earlier order. Sd/- (M.NAGAPRASANNA) JUDGE RHR/CT-ASC List No.: 1 Sl No.: 11