Citation : 2026 Latest Caselaw 2059 Kant
Judgement Date : 9 March, 2026
-1-
NC: 2026:KHC:14015
WP NO.25789 OF 2024
HC-KAR
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
Digitally signed BAPUJI CO-OPERATIVE BANK LIMITED,
by CHAYA S A
H.M. ROAD,
Location: HIGH
COURT OF DAVANAGERE - 577 001.
KARNATAKA
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,
-2-
NC: 2026:KHC:14015
WP NO.25789 OF 2024
HC-KAR
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
NC: 2026:KHC:14015 WP NO.25789 OF 2024
HC-KAR
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
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