Mohammed Riyaz vs the State of Karnataka - Court Judgment

SooperKanoon Citationsooperkanoon.com/1683550
CourtKarnataka Orders High Court
Decided OnApr-28-2025
Case NumberWP/8458/2025
JudgeSuraj Govindaraj
AppellantMohammed Riyaz
RespondentThe State of Karnataka
Excerpt:
-1-in the high court of karnataka at bengalurudated 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 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
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