IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR. JUSTICE ARAVIND KUMAR W.P.NO.17603/2017(CS-DAS) BETWEEN:
MR. NIXEN PAUL FRANCIS AGED ABOUT 45 YEARS S/O A.P. FRANCIS NO.205, II FLOOR OLD PROPERTY NO.34 NEW PROPERRY NO.34/5 4TH CROSS, VENUGOPALANAGAR SWAMY LAYOUT EXTENSION EJIPURA, BANGALORE – 560 047.
(BY SRI. JOSEPH ANILKUMAR, ADVOCATE) AND:
1. THE SECRETARY DEPARTMENT OF CO-OPERATION GOVERNMENT OF KARNATAKA M.S. BUILDING BANGALORE - 560 001.
2. THE REGISTRAR KARNATAKA CO-OPERATIVE SOCIETIES, ALI ASKER ROAD BANGALORE - 560 002.
3. THE RECOVERY OFFICER KARNATAKA CO-OPERATIVE SOCIETIES, CENTRAL ZONE NO.12, KARNATAKA STATE CO-OPERATIVE FEDRATION LTD., ... PETITIONER RACE COURSE ROAD BANGALORE – 01.
4. THE MANAGER THE BANGALORE COMMERCIAL TRANSPORTER CREDIT CO-OPERATIVE SOCIETY LTD., NO.2, I CROSS, CHIKKANNA GARDEN, SHANKARAPURAM BANGALORE – 560 018.
5. SHRI. A. NAGARAJU M/S MAHALAKSHMI DEVELOPERS PROPRIETOR AGED ABOUT 46 YEARS S/O SRI. ABBAIAH OFFICE AT NO.16, 9TH CROSS KUVEMPU MAIN ROAD VIJAYA NAGAR, NEW THIPPASANDRA POST BANGALORE - 560 075.
... RESPONDENTS (BY SMT. H.C. KAVITHA, HCPG FOR R-3;
SRI. GUNASHEKHARAIAH, ADVOCATE FOR R-4) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE AUCTION NOTICE DATED:14.03.2017, DATED:12.08.2013 AND DATED:12.10.2013 AT ANNEX-A.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Learned Advocate appearing for petitioner has filed a memo seeking leave of the Court to withdraw the petition on the ground that prayer sought for in the petition has become infructuous. Liberty is sought to take appropriate action in case of any interference with the right of the petitioner. Said memo is placed on record.
Accordingly, petition is dismissed as withdrawn. Liberty is granted to petitioner to take steps in accordance with law. Contentions of both parties are kept open and no opinion is expressed on merits.
SD/- JUDGE RU