- 1 - HC-KAR NC: 2025:KHC:28425 WP No. 5320 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.5320 OF 2025 (CS-RES) BETWEEN: SRI RAGHAVENDRA ACHARYA S/O. VADHIRAJ ACHARAYA AGED ABOUT 58 YEARS RESIDING AT 21-1 GURU KRIPA, MADHWA NAGAR, MOODUBETTU, KODAVOOR UDUPI(CMC), PO:DIST:UDUPI KARNATAKA-576 106. …PETITIONER (BY SRI AJITH A. SHETTY, ADVOCATE) AND: 1. ASSISTANT REGISTRAR AND RECOVERY OFFICER KUNDAPURA SUB-DIVISION KUNDAPURA UDUPI-576 201. 2. PARIVAR CREDIT CO-OPERATIVE SOCIETY LTD., OPPOSITE TELEPHONE EXCHANGE UDUPI-576 101 BY ITS SECRETARY. …RESPONDENTS (BY SRI. HARISH A.S. AGA FOR R-1; SRI DEVIPRASAD SHETTY FOR R-2;) *** Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:28425 WP No. 5320 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO (i) ISSUE A WRIT OF CERTIORARI, THEREBY QUASHING THE IMPUGNED AUCTION NOTICES DATED 18.12.2023 PASSED IN CASE NO.390 OF 23-24 AS PER ANNEXURE-A, (ii) ISSUE A WRIT OF CERTIORARI, THEREBY QUASHING THE IMPUGNED AUCTION NOTICES DATED 29.01.2024 PASSED IN CASE NO.390/23-24 AS PER ANNEXURE-B AND C (iii) ISSUE A WRIT OF CERTIORARI, THEREBY QUASHING THE IMPUGNED AUCTION NOTICE DATED 19.03.2025 AS PER ANNEXURE- D;(IV) ISSUE A WRIT OF MANDAMUS, DIRECTING RESPONDENT NO.1 AUTHORITY TO ISSUE APPROPRIATE INSRUCTIONS TO THE RESPONDENT 2 CO-OPERATIVE SOCIETY TO PROVIDE MORE TIME FOR REPAYMENT OF THE OUTSTANDING SUMS; AND (iii) GRANT SUCH OTHER RELIEF/S AS THIS HON'BLE COURT WOULD DEEM FIT FOR GRANT UNDER THE FACTS AND CIRCUMSTANCES OF THE PRESENT CASE IN THE INTEREST OF JUSTICE AND EQUITY. THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The petitioner is before this Court seeking for the following reliefs: - 3 - HC-KAR NC: 2025:KHC:28425 WP No. 5320 of 2025 "(i) issue a writ of certiorari, thereby quashing the impugned auction notices dated 18.12.2023 passed in Case No.390 of 23-24 as per Annexure- A, (ii) Issue a writ of certiorari, thereby quashing the impugned auction notices dated 29.01.2024 passed in Case No.390/23-24 as per Annexure-B and C (iii) Issue a writ of certiorari, thereby quashing the impugned auction notice dated 19.03.2025 as per Annexure-D; (iv) Issue a writ of mandamus, directing respondent No.1 authority to issue appropriate instructions to the respondent 2 Co-operative Society to provide more time for repayment of the outstanding sums; and (v) Grant such other relief/s as this Hon'ble Court would deem fit for grant under the facts and circumstances of the present case in the interest of justice and equity" 2. The lis in the above matter is as regards the auction notices issued by the respondent No.2/Credit Co- operative Society on account of default committed by the petitioner to make payment of the amount. 3. In terms of the interim order dated 21.02.2025, the petitioner had made payment of a sum of `5,00,000/- to the respondent No.2/Credit Co- - 4 - HC-KAR NC: 2025:KHC:28425 WP No. 5320 of 2025 operative Society, which is confirmed as being received by respondent No.2. 4. Learned counsel for the petitioner seeks permission to withdraw the above petition, with liberty to file necessary representation and/or a proposal with the respondent No.2/Credit Co-operative Society for regularisation of the Account. 5. Reserving such liberty, the petition stands disposed of. SD/- (SURAJ GOVINDARAJ) JUDGE BMV* List No.: 1 Sl No.: 13