VARIJAKSHI BHAT Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THIS writ petition by the legal heir of a Judgment-debtor whose property was brought to public auction sale in execution of an Award that the judgment-debtor had suffered under Section 70 of the Karnataka co-operative Societies Act, 1959 (for short 'the Act') in Award No. 596/1992-93 for a sum of Rs. 98,000/- with interest which though has become final, the auction sale for execution of the said Award is nevertheless being questioned and seeking for setting aside the sale held on 23-7-1993 by filing an application under Rule 38 (5) of the Karnataka Co-operative Societies Rules, 1960 (for short 'the rules') and having failed in such an attempt not only before the authority which examined the application under Rule 38 (5) of the rules but also before the revisional authority - the state Government in exercise of its power under Section 108 of the Act who has dismissed the revision in terms of order dated 20-4-2005 passed in Revision Petition No. CMW 15 CAP 2001 (copy at Annexure-B)this writ petition.

(2.) THE present writ petition which is the fifth round of writ litigation before this Court is for questioning the legality of the auction sale within the parameters of an application under Rule 38 (5) of the rules and for scrutiny before this Court in the exercise of supervisory jurisdiction under Article 227 of the Constitution of India and the order reaching this court through the revisional authority who has confirmed the order of rejection of the application under Rule 38 (5) of the rules filed by the petitioner.

(3.) THE revisional authority itself has passed the impugned order in the fourth round of exercise of revisional powers under Section 108 of the Act and on all occasions the revision petition has been dismissed by the revisional authority.