2023 (6) TMI 749

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....sement dated 28.04.2023, which is produced at Annexure-B, beawring No. JCCT(Apls.)/Hubli/2023-24, which has been passed without jurisdiction; (ii) Issue a writ, order or direction in the nature of certiorari quashing the impugned Auction Notice dated 08.06.2023, which was published in Prajavai newspaper by respondent No.2; (iii) Issue any other writ, order or direction, which this Hon'ble Court may deem fit and proper under the facts and circumstances of the present case; (iv) Grant costs and interest; and (v) Grant such further and other reliefs as the nature and circumstances of the case may require." 2. Heard the learned counsel appearing for the petitioner and the learned Additional Advocate General appearing for the respo....

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....y appearing before the first respondent - Appellate Authority on the date fixed by this Court. He submits that the endorsement, Annexure-L was forwarded to him through Email and therefore the same went unnoticed and he came to know about the same, after publication of Annexure-A. 5. Learned Additional Advocate General who has opposed the writ petition submits that the petitioner had earlier approached this Court in W.P. No. 100792/2023 and the said writ petition was disposed off on the ground that the petitioner had to avail the alternative remedy. She submits that even though the petitioner had thereafter preferred an appeal as provided under Section 107 of the Act of 2017, he had failed to pay the pre deposit, which is mandatory in natur....