- 1 - HC-KAR NC: 2025:KHC-K:2806 WP No. 201037 of 2025 IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 3RD DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO.201037 OF 2025 (CS-DAS) BETWEEN: 1. SMT. SHOBHAVATI W/O LATE VENKAT AGE: 65 YEARS, OCC: HOUSEHOLD 2. BHEEM S/O LATE VENKAT AGE: 43 YEARS, OCC: PRIVATE SERVICE 3. ARJUN S/O LATE VENKAT AGE: 41 YEARS, OCC: PRIVATE SERVICE 4. OMKAR ALIAS SAMARTH S/O LATE VENKAT AGE: 39 YEARS, OCC: PRIVATE SERVICE ALL LRs OF DECEASED VENKAT THE DECEASED VENKAT AND SHIVKUMAR ARE JOINT PROPRIETOR OF M/S SHIVANAND DALL MILL ALL R/O H. NO. 12-1-225 AND 12-1-249 HUGERI BIDAR- 585 401 5. SHIVKUMAR S/O MOGALAPPA AGE: 58 YEARS, OCC: BUSINESS WITH DECEASED VENKAT IS JOINT PROPRIETOR OF M/S SHIVANAND DALL MILL R/O H. NO. 12-1-225 AND 12-1-249 Digitally signed by VARSHA N RASALKAR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:2806 WP No. 201037 of 2025 HUGERI BIDAR- 585 401 6. NEELAKANT S/O MOGALAPPA AGE: 55 YEARS, OCC: BUSINESS R/O H. NO. 12-1-225 AND 12-1-249 HUGERI BIDAR- 585401. 7. MOGALAPPA S/O MANIK AGE: 59 YEARS OCC: AGRICULTURE R/O CHILLERGI VILLAGE TQ. AND DIST. BIDAR- 585 403 …PETITIONERS (BY SRI. RAMCHANDRA K., AND SRI. GURUBASAVA C. NAYAK, ADVOCATES (ABSENT)) AND: 1. THE DISTRICT REGISTRAR CO-OPERATIVE SOCIETY BIDAR- 585 401 2. THE CHIEF EXECUTIVE OFFICER GANDHI GUNJ CO-OPERATIVE BANK LIMITED BIDAR- 585 401 REPRESENTED BY AUTHORIZED RECOVERY OFFICER MR. GUNWANTHAPPA RAJOLE 3. THE DEPUTY REGISTRAR, CO-OPERATIVE SOCIETY, NEAR AMBEDKAR CIRCLE, OPP. BARIDA SHAHI HOTEL, UDGIR ROAD, BIDAR, DIST: BIDAR-588401. …RESPONDENTS (BY SRI. GOPALKRISHNA B. YADAV, HCGP FOR R1 & R3) - 3 - HC-KAR NC: 2025:KHC-K:2806 WP No. 201037 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT OF CERTIORARI TO QUASH THE IMPUGNED ORDER PASSED BY THE RESPONDENT NO.3 ON BEARING NO. ¸ÀASÉå/G¤©/«3/zÁªÁ-1/¹Dgï/2022-23 DATED 16.05.2024 AS PER ANNEXURE-B.2) ISSUE WRIT OF MANDAMUS OR DIRECTIONS TO THE RESPONDENT NO.3 TO REMAND THE MATTER TO THE RESPONDENT NO.3 OFFICE TO HEAR THE PETITIONERS SIDE AND GIVE AN OPPORTUNITY TO LEAD THE EVIDENCE ON THEIR BEHALF. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER (PER: HON'BLE MR. JUSTICE M.I.ARUN) The respondent No.2/Co-operative Society Bank initiated recovery action against the petitioners herein for the default committed in repayment of the loan amount. 2. The impugned order has been passed by respondent No.3 under Section 71 of the Karnataka Co- operative Societies Act, 1959. The same is challenged by the petitioners herein in this writ petition. - 4 - HC-KAR NC: 2025:KHC-K:2806 WP No. 201037 of 2025 3. The petitioners have alternative and efficacious remedy under Section 105 of the Karnataka Co-operative Societies Act, 1959. For that reason, the writ petition is hereby dismissed reserving liberty to the petitioners to approach the appropriate authority in a manner known to law. Sd/- (M.I.ARUN) JUDGE SDU LIST NO.: 1 SL NO.: 40 CT:SI