Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:14015 WP NO.25789 OF 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 09TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.25789 OF 2024 (CS-RES) BETWEEN:
M/S. MAHESH BEEDI WORKS REP. BY ITS OWNER MUSHTAQ AHAMAD C.
S/O C. KHADAR MOHIYUDDIN, AGED ABOUT 62 YEARS, R/AT NO.1013, SAJEEDA, BETHUR ROAD, DAVANAGERE - 577 001. …PETITIONER (BY SRI. V.B. SIDDARAMAIAH, ADVOCATE) AND:
1.
THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETY AND THE RECOVERY OFFICER BAPUJI CO-OPERATIVE BANK LIMITED, H.M. ROAD, DAVANAGERE - 577 001.
2.
THE SALES OFFICER (RULE 441) BAPUJI CO-OPERATIVE BANK LIMITED, ADMINISTRATIVE OFFICE, NO.120, HARDEKAR MANJAPPA ROAD, DAVANAGERE - 577 001.
3.
SRI. MUNEER AHAMED S/O FAZLUR AHAMED AGED ABOUT 48 YEARS, R/AT NO.304/1, 3RD CROSS,
Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:14015 WP NO.25789 OF 2024
NARASARAJ PET, DAVANAGERE - 577 001. …RESPONDENTS (BY SRI. H.K. KENCHEGOWDA, AGA FOR R1;
SRI. SURESH R., ADVOCATE FOR R2;
SRI. R. SATHISH CHANDRA, ADVOCATE FOR R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMMOVABLE PROPERTY AUCTION NOTIFICATION DATED 14TH JUNE, 2024 ISSUED BY THE RESPONDENT NO.1- ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETY AND THE RECOVERY OFFICER, BAPUJI CO-OPERATIVE BANK LIMITED, H.M. ROAD, DAVANAGERE TO AUCTION THE SCHEDULE PREMISE ON 26TH MAY, 2024 VIDE ANNEXURE-A; AND ETC.
THIS PETITION COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH
ORAL ORDER
In this writ petition, the petitioner is challenging the Notification dated 14th June, 2024 (Annexure-A) issued by the respondent No.1-Assistant Registrar of Co-operative Societies and Recovery Officer for auction of immovable property in question.
2. Heard Sri. V.B. Siddaramaiah, learned counsel appearing for the petitioner; Sri. H.K. Kenchegowda, learned Additional Government Advocate appearing for the respondent No.1; Sri. Suresh R., learned counsel appearing for the
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HC-KAR NC: 2026:KHC:14015 WP NO.25789 OF 2024
respondent No.2; and Sri. R. Sathish Chandra, learned counsel appearing for the respondent No.3.
3. Having taken note of the submission made by
learned counsel appearing for the parties and on perusal of the averments made in the writ petition, the same would indicate that the petitioner had not challenged the original order of Award made by the competent authority. Therefore, I am of the view that, unless the award is challenged, subsequent events cannot be challenged.
4. In that view of the matter, taking into consideration the submission made by learned counsel appearing for the petitioner, writ petition is dismissed, reserving liberty to the petitioner to approach the competent authority by challenging the award, if so advised.
SD/- (E.S. INDIRESH) JUDGE ARK List No.: 1 Sl No.: 9