IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JANUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.58490 OF 2017 (GM-RES) BETWEEN:
KARNATAKA FOOD & CIVIL SUPPLY CORPORATION LIMITED A GOVT. OF KARNATAKA UNDERTAKING BESIDE EXCISE DEPARTMENT OFFICE DC OFFICE COMPOUND SHIVAMOGGA-577201 REP. BY ITS DISTRICT MANAGER. (By Mr. SUBRAMANYA R, ADV.) AND:
1. DEPUTY COMMISSIONER SHIVAMOGGA DISTRICT SHIVAMOGGA-577201.
2. TAHASILDAR SHIVAMOGGA TALUK SHIVAMOGGA-577201.
… PETITIONER 3. DISTRICT CO-OPERATIVE CENTRAL BANK LTD MAIN OFFICE, BALRAJ URS ROAD SHIVAMOGGA-577201 REP. BY ITS MANAGING DIRECTOR.
4. M/S SURAKSHA WAREHOUSING CORPORATION LTD IST CROSS, RAVINDRA NAGAR SHIVAMOGGA-577201 REP. BY ITS GENERAL MANAGER SRI G S NAGARAJ.
5. SRI GS NAGARAJ S/O GANAPATHI AGED MAJOR GENERAL MANAGER M/S SURAKSHA WAREHOUSING CORPORATION LTD R/O IST CROSS RAVINDRA NAGAR SHIVAMOGGA-577201.
6. MISS PRIYANKA N D/O GS NAGARAJ AGED MAJOR R/O 1ST CROSS RAVINDRA NAGAR SHIVAMOGGA-577201.
7. ASSISTANT DIRECTOR OF CO-OPERATIVE SOCIETIES SHIVAMOGGA-577201 SHIVAMOGGA DISTRICT.
(By Mr. Y.D. HARSHA, AGA FOR R1, R2 & R7 … RESPONDENTS Mr. JAYAKUMAR S. PATIL, SR. COUNSEL FOR Mr. DAYANAND S. PATIL, ADV., FOR R3 Mr. NIKIL BALA, ADV., FOR R4 TO R6) - - -
This Writ Petition is filed under Articles 226 & 227 of the Constitution of India, praying to quash the impugned notification published on 9-12-2017 in newspapers for auctioning the properties mentioned therein on 20-12-2017 and 21-12-2017 now scheduled to be held on 27-12-2017 and 28-12-2017 by the R-3 district co-operative central Bank, Shivamogga vide Annex-A an A1 and etc.
This Writ Petition coming on for Orders this day, the Court made the following:-
ORDER Mr.Subramanya R., learned counsel for the petitioner.
Mr.Y.D.Harsha, learned Additional Government Advocate for respondents 1, 2 & 7.
Mr.Jayakumar S.Patil, learned Senior counsel for Mr.Dayanand S.Patil for respondent No.3.
Mr.Nikit Bala, learned counsel for respondent Nos.4 to 6.
2. The writ petition is admitted for hearing.
With consent of the parties, the same is heard finally.
3. In this petition, the petitioner inter alia seeks a direction to the competent authority to consider the application filed by the petitioner under Section 101 of the Karnataka Cooperative Societies Act, 1959 and to dispose of the same in a time bound manner.
A Bench of this Court while entertaining the writ petition by an ad-interim order dated 26.12.2017 had stayed the notification published on 09.12.2017 for auctioning the proceedings mentioned therein in the proceedings initiated by the respondent No.3-Bank against respondent Nos.4 to 6. The aforesaid interim order has remained in force till today, as a result of which the aforesaid sale has not taken place.
When the matter was taken up today, learned counsel for the petitioner submitted that he has filed an objection under Section 101 of the Act in the proceedings for execution initiated by respondent No.3 against respondents 4 to 6 which is pending adjudication before the competent authority and the writ petition be disposed of with a direction to the competent authority to decide the objection preferred by the petitioner by a speaking order within a fixed time limit.
On the other hand, learned counsel for respondent No.3 has submitted that the petitioner has no locus to maintain the aforesaid objection and in fact the petitioner has been set up by respondent Nos. 4 to 6.
Be that as it may, in the fact situation of the case, I deem it appropriate to dispose of the writ petition with a direction to the competent authority to decide the application preferred by the petitioner under Section 101 of the Act by a speaking order after affording an opportunity of hearing to the parties within a period of four weeks from the date of receipt of certified copy of the order passed today. Needless to state, that it will be open to the parties to raise all such contentions as may be permissible to them under law.
With the aforesaid liberty, the petition is disposed of.
Sd/- JUDGE SS