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2025 DAILYLAW 12195 (KAR)

SRI RAMESH AND ANR v. THE STATE OF KARNATAKA AND ORS

WP/203814/2024 · 2025-06-11

M I Arun

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC-K:2996 WP No. 203814 of 2024 IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 11TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE M.I.ARUN WRIT PETITION NO.203814 OF 2024 (CS-RES) BETWEEN: 1. SRI. RAMESH S/O AYYAPPA SIDNAL, AGE: 62 YEARS, OCC: RETD. LECTURE, R/O NEAR HANUMAN TEMPLE, CHALUKYA NAGAR, VIJAYA COLLEGE ROAD, VIJAYAPURA-586 103. 2. PUNDALIK S/O PANDURANGA KSHATRIYA, AGE: 60 YEARS, OCC: RETD. LECTURE, R/O H.NO.93, MB PATIL NAGAR, PRAKRUTI COLONY, SOLAPUR ROAD, VIJAYAPURA-586 103. …PETITIONERS (BY SRI. SANGANABASAVA B. PATIL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF CO-OPERATION, M.S. BUILDING, BENGALURU-560 001. 2. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, VIJAYAPUR, TQ. & DIST. VIJAYAPUR-586 101. Digitally signed by LUCYGRACE Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:2996 WP No. 203814 of 2024 3. THE ASSISTANT REGISTRAR, CO-OPERATIVE SOCIETY AND RECOVERY OFFICER, VIJAYAPUR DISTRICT TOWN, CO-OPERATIVE BANKS, CO-OPERATIVE UNION, VIJAYAPURA-586 101. 4. THE GENERAL MANAGER, SHRI. SHIDDESHWAR CO-OPERATIVE BANK LTD., MAIN BRANCH, S.S. FRONT ROAD, VIJAYAPURA-586 101. 5. SRI. PRABHAKAR V. DUTHAGRAGAVI, AGE: 65 YEARS, OCC: RTD. SDC, R/O STATION BACK ROAD, STATE BANK COLONY, NEAR MARGAMMA TEMPLE, VIJAYAPURA-586 101. 6. SRI. MUTHURAJ SHARANAPPA KUMATAGI, AGE: 67 YEARS, OCC: RTD. SPC, R/O STATE BANK COLONY, NEAR MARGAMMA TEMPLE, VIJAYAPURA. …RESPONDENTS (BY SRI. GOPALKRISHNA B. YADAV, HCGP FOR R1 TO R3; SRI. SANGANAGOUDA V. BIRADAR, ADVOCATE FOR R4; NOTICE TO R6 SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO (I) ISSUE A WRIT OF CERTIORARI QUASHING THE IMPUGNED NOTICE ISSUED BY THE RESPONDENT NO.4 FOR DEBIT FREEZE OF ACCOUNT OF THE PETITIONERS ON 30.06.2024 AND 03.09.2024 VIDE ANNEXURE-E AND E1. (II) ISSUE WRIT OF MANDAMUS AND DIRECTING THE CONSIDER THE REPRESENTATIONS DATED 12.11.2024 AND 16.11.2024 SUBMITTED BEFORE THE RESPONDENT NO.2 AND 3 VIDE ANNEXURE-G SERIES AND - 3 - HC-KAR NC: 2025:KHC-K:2996 WP No. 203814 of 2024 DIRECT THE RESPONDENT NO.3 AND 4 FOR REOPEN THE SAVING ACCOUNT OF PETITIONERS. THIS PETITION COMING ON FOR ORDERS, 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 petitioners in the instant case have challenged the orders passed by respondent No.3 in pursuance of recovery of loan lent by respondent No.4 – Co-operative Bank. 2. The petitioners are having an alternative and efficacious remedy under the provisions of the Karnataka Co-operative Societies Act, 1959. 3. For that reason, the writ petition is hereby dismissed reserving liberty to the petitioners to approach the appropriate Authority in the manner known to law. 4. In case of petitioners challenging the impugned orders before the appropriate Authority, the concerned - 4 - HC-KAR NC: 2025:KHC-K:2996 WP No. 203814 of 2024 Authority shall consider the time spent by the petitioners pursuing the instant writ petition before this Court while considering any application made for condonation of delay. Sd/- (M.I.ARUN) JUDGE LG List No.: 1 Sl No.: 11