- 1 - NC: 2025:KHC-D:5671 WP No. 104533 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 27TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 104533 OF 2023 (CS-DAS) BETWEEN: 1. SHAIK KHAMROON, W/O SHAIK MAHAMOOD, AGE: 60 YEARS, OCC: HOUSEWIFE, 2. S.MOHAMMED GAFOOR, S/O SHAIK MAHAMOOD, AGE: 34 YEARS, OCC: PRIVATE SERVICE, 3. TAMKEEN SHAIK, D/O SHAIK MAHAMOOD, AGE: 30 YEARS, OCC: HOUSEWIFE, R/O: 24TH WARD, DOOR NO.1124, SGT MANZIL HOSAPETE, DISTRICT: VIJAYNAGAR-583 201, PRESENTLY R/O: DOOR NO.12, 14, 789 SARASWATI NAGAR, BEHIND CHURCH, NEAR WATER POINT, JAYANAGAR, B-BLOCK DAVANAGERE, DISTRICT: DAVANAGERE-577 002. … PETITIONERS (BY SRI. SRINIVAS.B.NAIK., ADVOCATE) AND: 1. THE RECOVERY OFFICER NI-441 AND ASSISTANT REGISTRAR COOPERATIVE SOCIETIES, KARNATAKA STATE SOUHARADA Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:5671 WP No. 104533 of 2023 SOUYUKTA SAHAKARI NIYAMIT, BENGALURU-560 001. 2. SHREE GAYATRI PATTINA SOUDHARDHA SAHAKARI NIYAMIT, NO.325, GAYATRI BHAVAN PATEL NAGAR, 3RD WARD, HOSAPETE-583 201. REPRESENTED BY CHIEF EXECUTIVE OFFICER. 3. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES NI 441 AND QUASHI JUDICIAL AUTHORITY KARNATAKA STATE SOUHARADA SOUYUKTA SAHAKARI NIYAMIT, BENGALURU, URBAN BANK CELL, NO.132, K.H.ROAD, SUDHAM NAGAR, BENGALURU-560 027. 4. SADIQ WALI S/O SHAIKSABJAN, AGE: 40 YEARS, OCC: BUSINESS, B J BALLARI ROAD, HOSAPETE, DISTRICT: VIJAYANAGAR-583 201. …RESPONDENTS (BY SMT.MALA.B.BHUTE., AGA FOR R1 & R3; SRI. S.S.BETURMATH., ADVOCATE FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER Sri.Srinivas B.Naik., counsel for the petitioners, Smt.Mala B.Bhute., AGA for respondents 1 & 3 and Sri.S.S.Beturmath., counsel for respondents No.2 have appeared in person. - 3 - NC: 2025:KHC-D:5671 WP No. 104533 of 2023 2. The captioned Writ Petition is filed seeking the following reliefs: i) Issue a Writ of Certiorari, and quash the award date 5/4/2021 passed in No. ªÁådå ¸ÀASÉå: eÉDgïr/PÀ.gÁ.¸Ë.¸ÀA.¸À.¤./3086/2017-18 passed by 3rd respondent, vide Annexure-A. ii) Issue a Writ of Certiorari, and quash the auction notices dated 6/02/2023 in E¦ ¸ÀASÉå: PÀ.gÁ.¸Ë.¸ÀA.¸À.¤./ªÀ.C520/2021-22 issued by 1st respondent, vide Annexures-D and D1. 3. Counsel for the respective parties urged several contentions. Heard the arguments and perused the Writ papers with care. 4. This Court vide order dated 25.07.2023 had granted interim order subject to petitioners depositing a sum of Rs.25,00,000/- within four weeks. The petitioners have not deposited the amount as of today. The petitioners have not shown their bonafides for compliance of the interim order. Moreover, as against the order, there is an alternate statutory remedy available by filing an appeal under Section 46 of the Karnataka Souharda Sahakari Act, 1997. - 4 - NC: 2025:KHC-D:5671 WP No. 104533 of 2023 5. Resultantly, the Writ Petition is dismissed. Sd/- (JYOTI MULIMANI) JUDGE MRP,CLK LIST NO.: 1 SL NO.: 61