SRI. PADMANABHA v. THE RECOVERY OFFICER AND ASSISTANT REGISTRAR OF CO OPERATIVE SOCIETIES
WP/31638/2025 · 2025-12-08
M G Uma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 78885 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 78885 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
- 1 -
HC-KAR NC: 2025:KHC:51593 WP No. 31638 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE M G UMA WRIT PETITION NO. 31638 OF 2025 (CS-RES) BETWEEN:
SRI. PADMANABHA S/O NARAYANA POOJARY, AGED ABOUT 53 YEARS, R/AT BARKE HOUSE, BELMA VILLAGE, DERALAKATTE POST, MANGALURU - 575 018 …PETITIONER (BY SRI. ASHWIN JOYSTON KUTINHA, ADVOCATE) AND:
1.
THE RECOVERY OFFICER AND ASSISTANT REGISTRAR OF CO OPERATIVE SOCIETIES MANGALURU SUB-DIVISION, MANGALURU 575 001
2.
SRI. BHAGAVATHI CO-OPERATIVE BANK LTD, REGISTERED UNDER KARNATAKA STATE CO-OPERATIVE SOCIETIES ACT, 1959, HAVING ITS REGISTERED OFFICE AT 23-2-T-133/6, MORGANSGATE, JEPPU, MANGALURU - 575001 REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER
3.
SRI. SANJEEVA D. MAHALE S/O D. MAHALE MAJOR, R/AT BELMA VILLAGE, DERALAKATTE POST, MANGALURU 575 018
4.
SMT. PRAMILA MAJOR, W/O PADMANABHA
Digitally signed by PRASHANTH N V Location: High Court of Karnataka
- 2 -
HC-KAR NC: 2025:KHC:51593 WP No. 31638 of 2025
R/AT BELMA VILLAGE, DERALAKATTE POST, MANGALURU 575 018
5.
SMT. KAMALAKSHI, MAJOR, W/O SANJEEVA D. MAHALE R/AT BELMA VILLAGE, DERALAKATTE POST, MANGALURU 575 018 …RESPONDENTS (BY SRI. YOGESH .D. NAIK, AGA FOR R1 SRI. KETHAN KUMAR, ADVOCATE FOR R2)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF CONSTITUTION OF INDIA, 1950 PRAYING TO QUASH THE AUCTION NOTICE ISSUED UNDER FORM-8 RULE 38(2)(D) OF THE KARNATAKA CO OPERATIVE SOCIETIES RULES, 1960 DTD. 08.09.2025 IN ABN NO.51/2020-21 AND C.E.P.NO.122/2021-22 ISSUED BY THE R-1 VIDE ANNX-A. AND QUASH AUCTION NOTICE ISSUED UNDER FORM- 9 RULE 22(7)(E) OF THE KARNATAKA CO OPERATIVE SOCIETIES RULES, 1960 DTD. 08.09.2025 IN ABN NO.51/2020-21 AND C.E.P.NO. 122/2021-22 ISSUED BY THE R-1 VIDE ANNX-B. AND ETC.,
THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM:
HON'BLE MRS. JUSTICE M G UMA ORAL ORDER
Learned counsel for the petitioner seeks permission to withdraw the petition.
2.
Learned counsel for respondent No.2 submits that the petitioner has not deposited the amount as directed by this
- 3 -
HC-KAR NC: 2025:KHC:51593 WP No. 31638 of 2025
Court vide order dated 23.10.2025. Further, he submits that the petitioner had approached this Court by filing similar petitions in WP.Nos.3362/2022 and 5831/2023, which came to be dismissed. Inspite of that, the petitioner is in the habit of approaching this Court again and again. Therefore, he prays for dismissal of the petition with cost.
3. I find considerable force in the contention taken by
learned counsel for respondent No.2. However, this time the petitioner is permitted to withdraw the petition, with a warning not to venture filing such writ petitions repeatedly without any grounds.
4. Accordingly, the petition is dismissed as withdrawn. Sd/- (M G UMA) JUDGE
PNV CT:VS List No.: 1 Sl No.: 5