- 1 - HC-KAR NC: 2025:KHC:30496 WP No. 21748 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ WRIT PETITION NO. 21748 OF 2025 (CS-RES) BETWEEN: SRI. B.P. PEMMAIAH S/O B.A.PUVAIAH, AGED 70 YEARS, R/O 1ST CROSS, SIDDESHWARA LAY-OUT. BATAWADI, TUMAKURU-5712103 …PETITIONER (BY SRI. PRAMOD R., ADVOCATE) AND: 1. THE SECRETARY GOVERNMENT OF KARNATAKA, DEPARTMENT OF CO-OPERATION, VIDHANA SOUDHA, AMBEDKAR VEEDI, BANGALORE-560001 2. SHRI VALMIKA SOUHARDHA SARAKARI NIYAMAITHA, S.S.PURAM MAIN ROAD, TUMAKURU, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, SHRI VALMIKA SOUHARDHA SAHAKARI NIYAMITHHA, S.S.PURAM ROAD, TUMAKURU-572101 3. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETY, (Ni.441), AND THE SOUHARDHA SAHAKARI DISPUTE PANCHAYAT, COURT KARNATAKA STATE SOUHARDHA SAMYUKATHA, SAHAKARI LIMITED, SOUHARDHA SAHAKARI SOUDHA, NO.68, 1ST FLOOR, Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:30496 WP No. 21748 of 2025 17 AND 18TH CROSS, MARGOSA ROAD, MALLESHWARAM, BANGALORE-5600055 …RESPONDENTS (BY SRI. HARISHA A.S, ADDITIONAL GOVERNMENT ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 09.04.2025 AT ANNEXURE-F PASSED BY THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETY, (Ni.441), AND THE SOUHARDHA SAHAKARI, DISPUTE PANCHAYAT, COURT IN VYAJYA SANKE: D R D/KA.RAA.SOW.SUM.SA.NI/119/2024-25 I.E., 3RD RESPONDENT AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R. NATARAJ ORAL ORDER The petitioner has challenged an award passed by the respondent No.3 directing the petitioner to pay a sum of Rs.35,00,000/- along with interest at the rate of 15% per annum from the date of default of loan till the date of payment. 2. When it was brought to the notice of the learned counsel for the petitioner that the exercise of power by the respondent No.3 is traceable to Section 41 of the Karnataka Souharda Sahakari Act, 1997, and that an appeal is provided under Section 46 of the said Act, the learned counsel for the petitioner fairly admitted that an appeal remedy is provided. In - 3 - HC-KAR NC: 2025:KHC:30496 WP No. 21748 of 2025 that view of the matter, this Court cannot entertain the writ petition. 3. Therefore, the petition is dismissed as not maintainable. 4. Liberty is reserved to the petitioner to approach the Appellate Tribunal in accordance with law. One month time is granted to the petitioner to avail the remedy of an appeal and till then, the impugned award dated 09.04.2025 passed by the respondent No.3 shall not be enforced. It is made clear that respondent No.3 is at liberty to enforce the said award after a period of one month from the date of this order unless it is stayed by the Appellate Tribunal. 5. Office is directed to return the impugned award passed by the respondent No.3 to the petitioner after retaining a photocopy. Sd/- (R. NATARAJ) JUDGE SMA/List No.: 1 Sl No.: 11