A writ petition challenging an auction sale notice becomes infructuous and academic when the proposed auction fails to materialize and no third-party rights are created, warranting dismissal while preserving the petitioner's right to pursue other legal remedies.

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI QUASHING THE IMPUGNED E AUCTION PUBLIC NOTICE DATED 05.07.2023 AUCTION SALE HELD ON 27.07.2023 PUBLISHED IN THE DAILY KANNADA NEWSPAPER I.E KANNADA PRABHA DTD 06.07.2023 ISSUED UNDER SARFAESI Act 2022 ISSUED BY THE RESPONDENT BANK AS PER ANNEXURE-E AND ETC.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL

ORAL ORDER

Learned counsel for respondents files a memo which read as under:

"The Respondent respectfully submits that the immovable property mortgaged by the petitioner was brought for sale by way of e-auction pursuant to the sale notice dated 05.07.2023, fixing the date of auction as 27.07.2023. However, the proposed auction sale could not be conducted on the scheduled date as there were no participants/bidders in the said e-auction process. Consequently, no auction sale was held, no bid was received, and no rights whatsoever were created in favour of any third party.

It is further submitted that the principal relief sought by the petitioner in the present writ petition is for quashing the e-auction sale notice dated 05.07.2023. Since the auction sale itself did not materialize on 27.07.2023 and the impugned sale notice has worked itself out, no surviving cause of action remains for adjudication in the present writ petition. The challenge to the said sale notice has therefore become purely academic and does not warrant consideration by this Hon'ble Court.

In view of the subsequent developments, the present writ petition has become infructuous and is liable to be dismissed as such. Hence, the Respondent respectfully prays that this Hon'ble Court may be pleased to dismiss the writ petition as having become infructuous, in the interest of justice and equity".

2. Memo is placed on record.

3. The e-auction in respect of the secured assets conducted as above is not disputed.

4. Reserving liberty to the petitioners to avail any remedy, if so advised in the manner known to law, petition is disposed of.