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NC: 2025:KHC:54784

WP No. 38754 of 2025

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 26^TH DAY OF DECEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE C.M. POONACHA

WRIT PETITION NO. 38754 OF 2025 (CS-RES)

BETWEEN:

1. MRS SUNANDA NAYAK

W/O. DEVANNA NAYAK,

AGED ABOUT 73 YEARS,

2. SANTHOSH NAYAK,

S/O DEVANNA NAYAK,

AGED ABOUT 52 YEARS,

BOTH ARE RESIDING AT

HOUSE NO.2-41,

MATHRU CHAYE, NIVASA,

KANDALKE MANE, BAILOOR POST,

KARKALA TALUK, UDUPI-574102

Digitally …PETITIONERS

signed by

NIRMALA (BY SMT. KAVITHA N., ADVOCATE)

DEVI

Location: AND:

HIGH COURT

OF

KARNATAKA 1. THE STATE OF KARNATAKA

DEPARTMENT OF CO-OPERATION

SOCIETY, VIDHANA SOUDHA,

DR.AMBEDKAR VEEDHI,

BENGALURU 560 001.

REPRESENTED BY ITS SECRETARY.

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NC: 2025:KHC:54784

WP No. 38754 of 2025

HC-KAR

2. THE RECOVERY OFFICER,

OFFICE OF THE ASSISTANT REGISTRAR

OF CO-OPERATIVE SOCIETIES,

KUNDAPURA SUB-DIVISION,

KUNDAPURA -576201.

3. SUBRAMANYA CO-OPERATIVE SOCIETY LTD,

REP BY AUTHORIZED OFFICER/CEO

MANGALORE, BEJAI,

MANGALORE-575003

…RESPONDENTS

(BY SRI. KIRAN KUMAR, HCGP)

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF

THE CONSTITUTION OF INDIA PRAYING TO QUASH THE

AUCTION NOTICES DATED 05/11/2025 ISSUED BY THE

RECOVERY OFFICER, OFFICE OF THE ASSISTANT REGISTRAR

OF CO-OPERATIVE SOCIETIES, KUNDAPUR IN DISPUTE NO.

1182/2021-22, E.P NO. 320/2022-23. AT ANNEXURE A AND B

AND ALL OTHER FURTHER PROCEEDINGS PURSUANT THERETO,

(IN SO FAR AS PETITIONER'S CONCERN)

THIS PETITION, COMING ON FOR PRELIMINARY

HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE C.M. POONACHA

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NC: 2025:KHC:54784

WP No. 38754 of 2025

HC-KAR

ORAL ORDER

The present writ petition is filed calling in question the

auction notice dated 05.11.2025 issued by the Recovery

Officer, Office of the Assistant Registrar of Co-operative

Societies, Kundapur, in Dispute No.1182/2021-22,

E.P.No:320/2022-23 produced at Annexures-A and B.

2. Having regard to the fact that the auction pursuant

to the said notice dated 05.11.2025 has already been held on

24.12.2025, nothing further survives for consideration in this

writ petition.

3. Accordingly, the present writ petition is disposed

of, reserving liberty to the petitioners to avail such other

remedies that are available under law.

Sd/-

(C.M. POONACHA)

JUDGE

SMC

List No.: 1 Sl No.: 96