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2025 DAILYLAW 48144 (KAR)

NAGAPPA SHIVAPPA MOULI v. THE STATE OF KARNATAKA

WP/101947/2025 · 2025-03-22

Jyoti Mulimani

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC-D:5272 WP No. 101947 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 22ND DAY OF MARCH, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 101947 OF 2025 (CS-DAS) BETWEEN: NAGAPPA SHIVAPPA MOULI, AGE: 65 YEARS, OCC: AGRICULTURIST, R/O: KANKANWADI, TQ: RAMDURG, DIST: BELAGAVI, PIN-591 123. … PETITIONER (BY SRI. RAKESH S. HATTIKATAGI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, DEPARTMENT OF COOPERATION OFFICE OF REGISTRAR OF COOPERATIVE SOCIETIES, VASANT NAGAR, BENGALURU-560 052. 2. DEPUTY REGISTRAR OF COOPERATIVE SOCIETIES, KARNATAKA STATE SOUHARDA FEDERAL COOPERATIVE LTD., BELAGAVI BENCH, BELAGAVI-590 001. 3. THE RECOVERY OFFICER AND ASSISTANT REGISTRAR OF COOPERATIVE SOCIETIES, KARNATAKA STATE SOUHARDA FEDERAL COOPERATIVE LTD., BELAGAVI BENCH, BELAGAVI-590 001. 4. SHRI. BHUVANESHWARI PATTINA SOUHARDA SAHAKARI NIYAMITA, RAMDURG, PLOT NO.3 H.NO. 1245 D, Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:5272 WP No. 101947 of 2025 RAMDURG, TQ: RAMDURG, DIST: BELAGAVI-591 123, REP. BY CHIEF EXECUTIVE OFFICER. … RESPONDENTS (BY SMT. MALA B. BHUTE, AGA R1-R3) 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, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER Sri.Rakesh S.Hattikatagi., counsel for the petitioners and Smt.Mala B.Bhute., AGA for respondents 1 to 3 have appeared in person. 2. The captioned Writ Petition is filed seeking following reliefs: A. Issue a Writ or a Direction or any other Order in the nature of Certiorari quashing the Order dated 10.06.2024 passed by the Respondent No.2 bearing No. JRD/ KA.RA.SOU.SAM.SA.NI./5276/2021-22 vide Annexure-G insofar as petitioner is concerned. B. Issue a Writ or a Direction or any other Order in the nature of Certiorari quashing the possession notice dated 09.01.2025 issued by the Respondent No.3 bearing no.KARASOUSAMSANI/SA.SAM.SANI./ - 3 - NC: 2025:KHC-D:5272 WP No. 101947 of 2025 VA.A.BE/400/ 2023-24 in form no. 7 vide Annexure- H in so far as petitioner is concerned. C. Issue a Writ or a Direction or any other Order in the nature of Certiorari quashing the auction notice dated 19.02.2025 issued by the Respondent No.3 KARASOUSAMSANI/SA.SAM.SANI./VA.A.BE/400/202 3-24 in form No. 8 vide ANNEXURE-J in so far as petitioner is concerned. 3. Counsel for the respective parties urged several contentions. Heard the arguments and perused the Writ papers with care. 4. As against the order passed by the second respondent, there is an alternate statutory remedy available by filing an appeal under Section 46 of the Karnataka Souharda Sahakari Act, 1997. 5. Resultantly, the Writ Petition is dismissed. Sd/- (JYOTI MULIMANI) JUDGE CLK,MRP LIST NO.: 1 SL NO.: 19