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2025 DAILYLAW 73055 (KAR)

MR PRAMOD KUMAR v. ASSISTANT REGISTRAR OF CO OPERATIVE SOCIETIES

WP/20906/2025 · 2025-07-31

B M Shyam Prasad

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:29631 WP No. 20906 of 2025 C/W WP No. 20899 of 2025 WP No. 21312 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 20906 OF 2025 (GM-RES) C/W WRIT PETITION NO. 20899 OF 2025 (GM-RES) WRIT PETITION NO. 21312 OF 2025 (GM-RES) IN WP No. 20906/2025 BETWEEN: MR PRAMOD KUMAR AGED ABOUT 47 YEARS S/O.DARNAPPA POOJARI, RESIDING AT 1192, BALLAMANJA HOUSE, MACHINA VILLAGE AND POST BELTHANGADY TALUK, KARNATAKA 574 224. …PETITIONER (BY SMT. AKSHATHA SHETTY K.,ADVOCATE) AND: 1. ASSISTANT REGISTRAR OF CO OPERATIVE SOCIETIES PUTTUR SUB-DIVISION PUTTUR.-574201. 2. DEBT RECOVERY OFFICERS OF Digitally signed by VANAMALA N Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:29631 WP No. 20906 of 2025 C/W WP No. 20899 of 2025 WP No. 21312 of 2025 CO OPERATIVE SOCIETIES (K.C.S.R.N 441) D.K.DISTRICT CENTRAL CO OPERATIVE BANK, MANGALORE - 570 003. 3. CHIEF EXECUTIVE OFFICER, MACHINA PRIMARY AGRICULTURAL CO OPERATIVE SOCIETY, BELTHANGADY TALUK, DAKSHINA KANNADA 574 224. …RESPONDENTS (BY SMT. NAVYA SHEKHAR., AGA FOR R1 & R2; SRI. G. RAVISHANKAR SHASTRY, ADVOCATE FOR R3) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH AUCTION NOTICE DATED 10.06.2025 ISSUED BY THE R-2 IN AMALADRI NO. 602/2023-24 VIDE ANNX- A; TO DIRECT THE R-2 TO CONDUCT A PROPER VALUATION OF PETITIONERS PROPERTY BEFORE TALKING ANY COERCIVE STEPS. IN WP NO. 20899/2025 BETWEEN: SMT SOWMYA AGED ABOUT 41 YEARS W/O.PRAMOD, RESIDING AT 2089, BALLAMANJA HOUSE, MACHINA VILLAGE AND POST - 3 - HC-KAR NC: 2025:KHC:29631 WP No. 20906 of 2025 C/W WP No. 20899 of 2025 WP No. 21312 of 2025 BELTHANGADY TALUK, KARNATAKA - 574 224. ...PETITIONER (BY SMT. AKSHATHA SHETTY K.,ADVOCATE) AND: 1. ASSISTANT REGISTRAR OF COPERATIVE SOCIETIES PUTTUR SUB-DIVISION PUTTUR.-574201. 2. DEBT RECOVERY OFFICERS OF CO OPERATIVE SOCIETIES (K.C.S.R.N 441) D.K.DISTRICT CENTRAL CO OPERATIVE BANK, MANGALORE - 570 003. 3. CHIEF EXECUTIVE OFFICER, MACHINA PRIMARY AGRICULTURAL CO OPERATIVE SOCIETY, BELTHANGADY TALUK, DAKSHINA KANNADA 574 224. ...RESPONDENTS (BY SMT.NAVYA SHEKHAR., AGA FOR R1 & R2; SRI. G. RAVISHANKAR SHASTRY, ADVOCATE FOR R3) THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH AUCTION NOTICE DATED 10.06.2025 ISSUED BY THE R-2 IN AMALADRI NO. 598/2023-24 VIDE ANNX-A; DIRECT THE R-2 TO CONDUCT A PROPER VALUATION OF PETITIONERS PROPERTY BEFORE TAKING ANY COERCIVE STEPS. - 4 - HC-KAR NC: 2025:KHC:29631 WP No. 20906 of 2025 C/W WP No. 20899 of 2025 WP No. 21312 of 2025 IN WP NO. 21312/2025 BETWEEN: SMT DHARNAMMA AGED ABOUT 52 YEARS W/O.DARNAPPA POOJARI, RESIDING AT 1192, BALLAMANJA HOUSE, MACHINA VILLAGE AND POST BELTHANGADY TALUK, KARNATAKA 574 224. ...PETITIONER (BY SRI. AKSHATHA SHETTY K.,ADVOCATE) AND: 1. ASSISTANT REGISTRAR OF COPERATIVE SOCIETIES PUTTUR SUB-DIVISION PUTTUR.-574201. 2. DEBT RECOVERY OFFICERS OF CO OPERATIVE SOCIETIES (K.C.S.R.N 441) D.K. DISTRICT CENTRAL CO OPERATIVE BANK, MANGALORE - 570 003. 3. CHIEF EXECUTIVE OFFICER, MACHINA PRIMARY AGRICULTURAL CO OPERATIVE SOCIETY, BELTHANGADY TALUK, DAKSHINA KANNADA 574 224. ...RESPONDENTS - 5 - HC-KAR NC: 2025:KHC:29631 WP No. 20906 of 2025 C/W WP No. 20899 of 2025 WP No. 21312 of 2025 (BY SMT. NAVYA SHEKHAR., AGA FOR R1 & R2; SRI. G. RAVISHANKAR SHASTRY, ADVOCATE FOR R3) THIS WP IS FILED UNDER ARTICLES 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING AUCTION NOTICE DATED 10.06.2025 ISSUED BY THE RESPONDENT NO.2 IN AMALADRI NO 594/2023-24 VIDE ANNEXURE-A. 2) TO DIRECT THE RESPONDENT NO.2 TO CONDUCT A PROPER VALUATION OF PETITIONERS PROPERTY BEFORE TAKING ANY COERCIVE STEPS. THESE PETITIONS, COMING ON FOR FRESH MATTERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD ORAL ORDER The petitioners are from a family, and they are aggrieved by the Agricultural Co-operative Society initiating sale proceedings pursuant to an award under Section 70 of the Karnataka Co-operative Societies Act, 1959. It is now stated that the proposed sale is rendered infructuous and therefore the petitions must be disposed of. - 6 - HC-KAR NC: 2025:KHC:29631 WP No. 20906 of 2025 C/W WP No. 20899 of 2025 WP No. 21312 of 2025 However, with Mrs. Akshatha Shetty, the learned counsel for the petitioners, stating that the petitioners are willing to pay principal amount and seek waiver of interest if there is proper computation, this Court is of the opinion that if the respondents take any further action, the petitioners must necessarily avail remedy under the permitted statute. The petitions stand disposed of observing thus. Sd/- (B M SHYAM PRASAD) JUDGE SA ct:sr