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2026 DAILYLAW 1155 (KAR)

GURURAJ N. K v. THE STATE OF KARNATAKA

WP/8265/2026 · 2026-03-12

E S Indiresh

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:14768 WP NO.8265 OF 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S. INDIRESH WRIT PETITION NO.8265 OF 2026 (CS-RES) BETWEEN: 1. GURURAJ N.K. S/O NAGAPPA, AGED ABOUT 48 YEARS. 2. MRS. NAMITHA GURURAJ W/O GURURAJ N.K., AGED ABOUT 46 YEARS. BOTH ARE RESIDING AT: FLAT NO.302, INLAND MAJESTIC, WARE HOUSE ROAD, MANNA GUDDE, MANGALURU - 575 003. …PETITIONERS (BY SMT. KAVITHA N., ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION SOCIETY, VIDHANA SOUDHA, DR. AMBEDKAR VEEDHI, BENGALURU - 560 001. REP. BY ITS SECRETARY. 2. THE ASSISTANT REGISTRAR, THE RECOVERY OFFICER OF CO-OPERATIVE SOCIETIES, (NI-441) 73, 'E' MAIN ROAD, MALLESHWARAM, BENGALURU - 560 003. Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:14768 WP NO.8265 OF 2026 3. PRANAVA SOUHARDA SAHAKARI SANGHA LTD. (REGISTERED UNDER CO-OPERATIVE ACT) REP. BY ITS C.E.O./AUTHORIZED OFFICER, D.NO 3-3/9 AND 3-3/11, 1ST FLOOR, JAYARAM PRASAD, AIRPORT ROAD, YEYYADI, KANCHADY POST, MANGALURU - 575 008. …RESPONDENTS (BY SRI. YOGESH D. NAIK, AGA FOR R1 AND R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH FORM NOS.8 AND 9 AUCTION NOTICE DATED 23RD FEBRUARY, 2026 ISSUED BY THE RESPONDENT NO.2 VIDE ANNEXURES 'A' AND 'B' INSOFAR AS THE PETITIONER IS CONCERNED; AND ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER Sri. Yogesh D. Naik, learned Additional Government Advocate accepts notice for respondents 1 and 2. 2. In this writ petition, the petitioner is challenging the Auction Notice dated 23rd February, 2026 (Annexures 'A' and 'B') issued by the respondent No.2 in respect of the property of the petitioner is concerned. - 3 - HC-KAR NC: 2026:KHC:14768 WP NO.8265 OF 2026 3. Heard Smt. Kavitha N., learned counsel appearing for the petitioner and Sri. Yogesh D. Naik, learned Additional Government Advocate appearing for respondents 1 and 2. 4. Having taken note of the submission made by learned counsel appearing for the parties and on careful examination of the impugned Auction Notice, the same would indicate that the petitioner had not questioned the original award passed by the competent authority. In that view of the matter, I am of the view that, unless the award is challenged, subsequent event of challenging the Auction proceedings does not arise. 5. Therefore, reserving liberty to the petitioner to challenge the award before the competent authority as prayed for by learned counsel appearing for the petitioner, writ petition is disposed of. SD/- (E.S.INDIRESH) JUDGE ARK List No.: 1 Sl No.: 24