1

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 21^ST DAY OF DECEMBER, 2020

BEFORE

THE HON' BLE MR. JUSTICE S.G. PANDIT

WRIT PETITION No.12604/2018 (CS-RES)

BETWEEN:

SMT.JAYANTHI NAIK

W/O MAHABALA NAIK

RESIDING AT NIVEDITHA NILAYA

MUKVE , NARIMUGARU VILLAGE

PUTTUR TALUK- 574221

DAKSHINA KANNADA.

...PETITIONER

(BY SRI S RAJASHEKAR, ADV.)

AND:

1. KARNATAKA STATE CO-OPERATIVE

URBAN BANKS FEDERATION LIMITED

NO.132, KH ROAD, SRINIVAS COLONY

SUDHAMA NAGAR, BENGALURU

KARNATAKA- 560027

REPD. BY ASSISTANT REGISTRAR AND

RECOVERY OFFICER

OF CO-OPERATIVE SOCIETIES.

2. VISHWAKARMA SAHAKARA BANK LTD.,

NO.4798, CHARIOT ROAD

MANGALORE -575001.

…RESPONDENTS

(BY SMT. JYOTHI BHAT, HCGP. FOR R1

SRI. A DEVARAJA, ADV. FOR R2-ABSENT)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND

227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE

NOTICE DATED 20.02.2018 ISSUED BY R1 VIDE ANEX-A AND

ALLOW THE WRIT PETITION WITH COSTS.

THIS PETITION COMING ON FOR PRELIMINARY HEARING

IN ‘B’ GROUP THROUGH VIDEO CONFERENCE THIS DAY, THE

COURT MADE THE FOLLOWING:-

O R D E R

Heard Sri S. Rajashekar, learned counsel for the

petitioner and Smt. Jyothi Bhat, learned HCGP for

respondent No.1 – State. There is no representation for

respondent No.2 – Vishwakarma Sahakara Bank Ltd.,

(for short ‘the Bank’).

2.

The petitioner is before this Court challenging

Seizure Notice dated 20.02.2018 (Annexure-A) issued

under Rule 34(3) of Karnataka Co-operative Societies

Rules 1960 (for short ‘the Rules’).

3.

This Hon’ble Court while ordering notice by order

dated 28.03.2018 had granted interim order of stay of

further proceedings pursuant to seizure notice dated

20.02.2018 subject to the petitioner paying a sum of

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Rs.10,00,000/- (Rupees Ten Lakh Only) to the 2^nd

respondent – Bank. It is submitted that the petitioner

has not complied with the interim order dated

28.03.2018. Therefore the 2^nd respondent-Bank had

brought the property for sale and auction was held on

20.08.2020. The said auction was subject matter of

W.P.No.10073/2020. Since the auction had already

taken place and writ petition was filed subsequently on

05.09.2020, this Court dismissed the writ petition with

liberty to challenge the auction before the appropriate

forum.

4.

In view of the subsequent development as well as

for non-compliance of interim order, the writ petition

would not survive for consideration. Accordingly the

writ petition stands disposed of.

Sd/-

JUDGE

NG* CT:bms