- 1 - NC: 2025:KHC:15703 WP No. 9693 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 9693 OF 2025 (CS-RES) BETWEEN: MR RAJESH M B S/O BABU PUJARI AGED ABOUT 52 YEARS, R/AT H NO 2-30/5, SHREE BHRAMARI, 1ST CROSS, SADASHIVA NAGARA, IDDYA, SURATHKAL -575014 MANGALORE …PETITIONER (BY SRI. CHANDRANATH ARIGA K., ADVOCATE) AND: 1. DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES KARNATAKA SOUHARDA SAMYUKTA SAHAKARI NIYAMITA, 17TH 18TH CROSS, MARGOSA ROAD, MALLESHWARAM, BENGALURU-560055. 2. KARNATAKA RAJYA VIDYUTH GUTHIGEDARARA SOUHARDA SAHAKARI SANGHA NIYAMITHA KODIALBAIL NEAR PVS CIRCLE MANGALURU-575 003 REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER REGISTERED UNDER THE PROVISIONS OF KARNATAKA SOUHARDA SAHAKARI ACT 3. SRI. RAKSHITH SHETTY S/O RATHNAKARA SHETTY AGED ABOUT 33 YEARS GEETHARATHNA Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:15703 WP No. 9693 of 2025 NEAR KADIGESHWARI TEMPLE MADHYA SURATHKAL-575030, MANGALORE TALUK DK 4. SMT. DEEKSHA SHETTY W/O SHRAVAN SHETTY AGED ABOUT 28 YEARS HOUSE NO.2-168(3) MATHRUCHAYA KILPADY VILLAGE POST KENCHANAKERE 574 154 D.K. 5. SMT. PRIYA P.N. W/O HARISH AGED ABOUT 43 YEARS HOUSE NO.2-55/38 THUNGA NAGAR NEAR ADARSH SCHOOL ALAPE PADIL MANGALURU 575 007. …RESPONDENTS (BY SRI. YOGESH D. NAIK., AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DTD. 03.10.2024 PASSED BY THE R-1 IN DISPUTE NO. JRD/KRSAUSAM.NI(37A)/2024-25 (ANNX-E) IN SO FAR AS THE PROPERTY SHOWN BELOW IN THE SCHEDULE AND ETC. THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ - 3 - NC: 2025:KHC:15703 WP No. 9693 of 2025 ORAL ORDER 1. Learned AGA accepts notice for Respondent No.1. Notice to Respondents No.2 to 5 is dispensed with in view of the proposed order to be passed. 2. The Petitioner is before this Court seeking for the following reliefs: a. Quash the order dated 03.10.2024 passed by the R1 in dispute No. JRD/KRSAUSAM.NI (374)/2024- 25 (Annexure-E) in so far as the property shown below is the schedule b. Quash the order dated 14.02.2025 passed by the R1 in Dispute No. JRD/KRSAUSAM.NI (37A)/2024- 25 (Annexure-H). c. Allow this writ petition. d. Pass any such other order this Hon’ble Court deems fit. 3. The submission of Sri.Chandranath Ariga K., learned counsel for the Petitioner is that the property of the petitioner’s wife has been attached in the proceedings pending before Respondent No.1-DRCS and the documents to be submitted by the petitioner for raising the attachment have not been considered by DRCS. It is in that background that the Petitioner - 4 - NC: 2025:KHC:15703 WP No. 9693 of 2025 has filed the above petition since he is a party in those proceedings. 4. The fact remains that the property which has been attached is that belonging to the wife of the Petitioner and it is for the said wife to file necessary application before the DRCS seeking for raising of attachment by impleading herself in those proceedings or otherwise. The same not having been done, the petitioner having filed such an application and such an application was not maintainable, and as such the order passed by respondent No.1 does not suffer from any legal infirmity. 5. Reserving liberty to the wife of the Petitioner to file necessary application before the DRCS, which shall be considered on merits by the DRCS, the Writ Petition stands disposed. - 5 - NC: 2025:KHC:15703 WP No. 9693 of 2025 6. It is made clear that this Court has not expressed any opinion on the merits of the matter. SD/- (SURAJ GOVINDARAJ) JUDGE PRS List No.: 2 Sl No.: 9