- 1 - HC-KAR NC: 2025:KHC:18868 WP No. 9544 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 9544 OF 2025 (CS-RES) BETWEEN: MR. DAYANANDA THOKKOTTU, S/O LATE BALAGANGADHARA, AGED ABOU 47 YEARS, R/AT D.NO.21-69, NEAR AMBEDKAR GROUND, KRISHNAGARA, THOKKOTU, MANGALURU – 575 017. …PETITIONER (BY SRI. ASHWIN JOYSTON KUTINHA., ADVOCATE) AND: 1. THE RECOVERY OFFICER AND ASSISTAN REGISTRAR OF CO-OPERAITVE SOCIETIES, MANGALURU SUB DIVISION, MANGALURU – 575 001. 2. THE MANGALORE CO-OPERATIVE BUILDING SOCIETY LTD., A CO-OPERATIVE SOCIETY REGISTERED UNDER THE KARNATAKA CO-OPERATIVE SOCIETY ACT, HAVNIG ITS REGISTERED OFFICE AT 1ST FLOOR, CLASSIQUE ARCADE, KSR ROAD, HAMPANKATTA, Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:18868 WP No. 9544 of 2025 MANGALURU, KARNATAKA – 575 001. REPRESENTED BY SECRETARY. 3. SRI. MAHESH, S/O LATE BALAGANGADHARA, AGED ABOUT 45 YEARS, R/AT D.NO.21-69, NEAR AMBEDKAR GROUND, KRISHNANAGARA, THOKKOTTU, MANGALORE – 575 017. 4. SMT. SOUMYA, W/O DAYANANDA THOKKOTTU, AGED ABOUT 42 YEARS, R/AT D.NO.21-69, NEAR AMBEDKAR GROUND, KRISHNANAGARA, THOKKOTTU, MANGALURU – 575 017. 5. SMT. PRIYANKA R., D/O BHAVANI SHANKAR, AGE NOT KNOWN TO THE PETITIONER, R/AT 21-38/1, AITHAPPA COMPOUND, CHURCH ROAD – THOKKOTTU, ULLAL, MANGALURU – 575 020. …RESPONDENTS (BY SRI.YOGESH D NAIK, AGA FOR R1; SRI.K.S.N.RAJESH, ADVOCATE FOR R2; NOTICE TO R3 TO R5 SERVED) THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE COMMUNICATION DATED 17.01.2025 BEARING REFERENCE NO.999/2024-25 ISSUED BY THE R-2 TO THE R-5 AND ETC., - 3 - HC-KAR NC: 2025:KHC:18868 WP No. 9544 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. Petitioner is before this Court seeking for the following reliefs: (i) Issue a writ of Certiorari to quash the communication dated 17-01-2025 bearing reference no. 999/2024-25 issued by the Respondent No.02 to the Respondent No.05 and (ii) Issue a writ of mandamus or any other writ, order or direction to the Respondent No.02 to consider the representation dated 22-03-2025 and consequently give an opportunity to the Petitioner to settle his dues payable to the Respondent No.02 by way of one time settlement in view of Rule 38-A (13) of the Karnataka Co-operative Rules, 1960; (iii) Grant any other writ, order or direction as this Hon'ble court deems fit and proper under the circumstances of this case . 2. Learned counsel for the petitioner has filed a memo which reads as under: "In view of the settlement arrived at between the parties, this writ petition does not survive for consideration and hence may be dismissed as not pressed". - 4 - HC-KAR NC: 2025:KHC:18868 WP No. 9544 of 2025 3. In view of the memo, the petition stands dismissed as not pressed. Sd/- (SURAJ GOVINDARAJ) JUDGE SNC List No.: 2 Sl No.: 3