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Judgment
B. M. Shyam Prasad, J
The petitioner, whose property situated in Kolambe Village, Mangaluru Taluk, Dakshina Kannada is brought to auction vide the impugned sale notices dated 31.05.2022 (Annexures-A and B), has filed this petition for quashing such notices. The petitioner's grievance with the impugned notices are that they are issued contrary to the Rule 17 of the Karnataka Souharda Co-operative Rules 2004. The petitioner contends 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.
In the light of this grievance and the statement that the petitioner is willing to deposit the award amount to protect the property, the petitioner is permitted to file an undertaking affidavit. The petitioner has now placed such undertaking by way of an affidavit. He has stated that 15% of the notified amount would be deposited on or before 20.07.2022 and the remaining amount deposited within the definite timelines which would be as under:
15% of the notified amount
on or before 15th August, 2022
20% of the notified amount
on or before 31st (sic) of
September 2022
20% of the notified amount
on or before 31st of October
2022
30%1 of the notified amount
on or before 31st of December
2022
Sri. Rajashekar S., learned counsel for the petitioner, submits that the petitioner would comply with the undertaking and pay the entire outstanding amount 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, upon considering the grounds urged and the undertaking given by way of an affidavit 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 cannot be sustained and the petitioner must be allowed liberty to deposit Rs.3,50,000/- (Rupees Three 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 pay the remaining amount in terms of the timelines as mentioned above. It would be needless to observe that if the petitioner commits default in paying either the first amount of Rs.3,50,000/- (Rupees Three Lakhs Fifty Thousand Only) or any of the aforesaid amounts as per the timelines indicated, the Co-operative Society should be at liberty to initiate auction in accordance with the Rules for bringing the subject property to sale.
The petition is allowed accordingly.