Arun Kumar vs State Of Karnataka & Others

B. M. Shyam Prasad, J

The petitioner, whose property situated in Balkunje Village, Mangalore Taluk is brought to auction vide the impugned sale notices dated 31.5.2022 (Annexures-A and B), has filed this petition for quashing of such notices. The petitioner's grievance with the impugned notices is that they are issued contrary to Rule 17 of the Karnataka Souharda Co-operative Rules 2004. The petitioner submits that in terms of these Rules, the auction sale should be held either at the property which is proposed for auction or in the prominent property in the immediate vicinity of such property, but the proposed auction is scheduled to be held at the Society's Head Quarters.

Sri. Rajashekar S., learned counsel for the petitioner, submits that the petitioner, notwithstanding this grievance, would deposit a sum of Rs.2,50,000/-within the next three days and the remaining amount in two or three installments but the entire amount would be deposited on or before 31.12.2022. This would ensure that the Co-operative Society is able to recover its dues without any precipitation and litigation. This Court could also observe that if there is default in depositing any amount in terms of the liberty reserved, the Society could immediately take action to bring the subject property to sale. When queried, Sri. S Rajsehkar submits that the petitioner would file an affidavit in this regard.

This Court, in the circumstances of the case and upon hearing Ms. H.C.Kavitha, the learned High Court Government Pleader who appears for the authorities, is of the considered view that the impugned notices must be quashed with liberty to the petitioner to deposit Rs.2,50,000/- (Rupees Two Lakhs Fifty Thousand Only) with the Co-operative Society on or before 09.07.2022, without waiting for a certified copy of this order and deposit the remaining amount on or before 31.12.2022 subject to the condition that the petitioner shall file an affidavit in this regard within a week from today. It would be needless to observe that if the petitioner commits default in paying either the first amount of Rs.2,50,000/- (Rupees Two Lakhs Fifty Thousand Only) or the entire amount on or before 31.12.2022, the Co-operative Society shall be at liberty to initiate action in accordance with the Rules for bringing the subject property to sale.