Mohammed Riyaz vs the State of Karnataka

Mohammed Riyaz vs The State of Karnataka

Type Court Judgment Court Karnataka Orders Decided Apr 28, 2025

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https://sooperkanoon.com/case/1683550

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Citation: sooperkanoon.com/1683550
Court: Karnataka Orders High Court
Judge: Suraj Govindaraj
Decided On: Apr 28, 2025
Case Number: WP/8458/2025

Parties & Advocates

Appellant / Petitioner

Mohammed Riyaz

Respondent

The State of Karnataka

Excerpt

.....writ petition is filed under articles 226 and 227 of the constitution of india praying to quash the form no. 8 and 9 auction notice dtd. 28.02.2025 issued by the assistant registrar, recovery officer of the co operative societies, mangalore in c.e.p.no. 825/2021-22 case no. jrm/dds/1362/2020-21 at annx-a and b (in so far as petitioner concern) and etc. this writ petition, coming on for preliminary hearing in ‘b’ group, this day, order was made therein as under: coram: hon'ble mr justice suraj govindarajoral order1. the petitioner is before this court seeking for the following reliefs:a. to quash the form no. 8 & 9 auction notice dated 28.02.2025 issued by the assistant registrar, recovery officer of the co-operative societies, mangalore in c.e.p.no.825/2021-22, case no. jrm/dds/1362/2020-21 at annexure-a and b (in so far as petitioner is concern) b. to grant such other relief as this hon’ble court deems fit to grant in the facts and circumstances of the case.2. interim order passed by this court not having beencomplied with, there is nothing survives for consideration in the above petition. hence, the above petition stands -3- dismissed and respondent no.3 is permitted to go ahead with auction process. sd/- (suraj govindaraj) judge ln list no.: 2 sl no.: 33

Full Judgment

-1-
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 8458 OF 2025 (CS-RES) BETWEEN: MOHAMMED RIYAZ S/O K S BHAVA, AGED ABOUT 42 YEARS, DOOR NO 2-397, FATHIMA MANZIL, KAJE PADUVA, KOLAMBE VILLAGE AND POST, MANGALORE TALUK, D.K-574166 …PETITIONER (BY SMT. KAVITHA N..,ADVOCATE) AND:
1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION SOCIETY, VIDHANA SOUDHA, DR. AMBEDKAR VEEDHI, BENGALURU 560 001. REPRESENTED BY ITS SECRETARY.

Digitally signed by SHWETHA RAGHAVENDRA 2. THE ASSISTANT REGISTRAR, Location: HIGH THE RECOVERY OFFICER OF CO-OPERATIVE COURT OF KARNATAKA SOCIETIES, (KCSR-441) CENTRAL CO-OPERATIVE BANK D.K. DISTRICT, MANGALORE -575003.

3. SOUTH CANARA DISTRICT CENTRAL CO-OPERATIVE LTD, (REGISTERED UNDER CO-OPERATIVE ACT) REP BY ITS CEO, / AUTHORIZED OFFICER, UTHKRUSHTA SAHAKARI SOUDHA, K.S. RAO ROAD, KODAILBAIL, MANGALURU-575003.

…RESPONDENTS -2- (BY SMT. PRATHIMA HONNAPUR., AAG A/W SRI. YOGESH D. NAIK., AGA FOR R1, R2; SRI. RAKSHITH KUMAR., ADVOCATE FOR R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE FORM NO. 8 AND 9 AUCTION NOTICE DTD. 28.02.2025 ISSUED BY THE ASSISTANT REGISTRAR, RECOVERY OFFICER OF THE CO OPERATIVE SOCIETIES, MANGALORE IN C.E.P.NO. 825/2021-22 CASE NO. JRM/DDS/1362/2020-21 AT ANNX-A AND B (IN SO FAR AS PETITIONER CONCERN) AND ETC. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, 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:

a. To Quash the Form No. 8 & 9 auction notice dated 28.02.2025 issued by The Assistant Registrar, Recovery officer of the Co-operative Societies, Mangalore in C.E.P.No.825/2021-22, Case No. JRM/DDS/1362/2020-21 at Annexure-A and B (in so far as petitioner is concern) b. To grant such other relief as this Hon’ble Court deems fit to grant in the facts and circumstances of the case.

2. Interim order passed by this Court not having been

complied with, there is nothing survives for consideration in the above petition. Hence, the above petition stands -3- dismissed and respondent No.3 is permitted to go ahead with auction process. SD/- (SURAJ GOVINDARAJ) JUDGE LN List No.: 2 Sl No.: 33

Same Court & Year Karnataka Orders · 2025 Same Parties Mohammed Riyaz vs The State of Karnataka Same Judge Suraj Govindaraj