- 1 - HC-KAR NC: 2025:KHC:38935 WP No. 29242 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ WRIT PETITION NO. 29242 OF 2025 (CS-RES) BETWEEN: SMT ANURADHA W/O SHIVAPPA NAIK AGED ABOUT 58 YEARS RESIDING AT NO. 2-27 NAITHADKA HOUSE PUTTUR TALUK, PADUVANNUR DAKSHINA KANNADA 574 201 …PETITIONER (BY SRI. H. B. RUDRESH, ADV. FOR SMT. NAVYA L., ADV.) AND: 1. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES PUTTUR SUB DIVISION PUTTUR - 574 201 2. THE PRESIDENT OKKALIGA SAMUDAYA PATHINA SAHAKARA SANGHA (R) KIRANA SANKIRNA KUMBRA PUTTUR, DAKSHINA KANANDA - 574201 …RESPONDENTS (BY SRI. YOGESH D. NAIK, AGA.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT ORDER OR DIRECTION IN THE NATURE OF CERTIORARI AN DATED QUASHING THE IMPUGNED JUDGMENT AND AWARD 22.11.2024 Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:38935 WP No. 29242 of 2025 VIDE NO DRP/DIS/55/2024-25 PASSED BY THE FIRST RESPONDENT VIDE ANNEXURE A 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 dated 22.11.2024 passed by the respondent No.1 bearing No.DRP/Dis/55/2024- 25. 2. The petitioner claims that she is the absolute owner of the property bearing survey No.82/A1C3 measuring 60 cents situated in Chikkamudduru Village, Puttur Taluk, Dakshina Kannada District. She claims that she had approached respondent No.2 - society for a loan and had mortgaged the property in favour of respondent No.2. She claimed that she had been paying the monthly instalments regularly but the respondent No.2 was not maintaining proper accounts. The respondent No.2 made a claim before respondent No.1 for recovery of the loan and the respondent No.1 without giving sufficient opportunity, passed the impugned judgment and award based upon which the property was brought for sale. - 3 - HC-KAR NC: 2025:KHC:38935 WP No. 29242 of 2025 The petitioner is therefore before this Court challenging the award as well as the auction. 3. A perusal of the writ petition shows that Annexure – A is not the award but is a notice intimating the petitioner that an award was passed. The writ petition is carelessly drafted without looking into the contents of the documents. Be that as it may, the judgment and award passed by the respondent No.1 cannot be the subject matter of the writ petition as a remedy of an appeal is available under Section 105(1)(C) of the Karnataka Co-operative Societies Act, 1959. 4. In that view of the matter, the petition lacks merit and is dismissed. 5. The learned Additional Government Advocate is permitted to file a memo of appearance within 10 days. Sd/- (R. NATARAJ) JUDGE BKN List No.: 1 Sl No.: 27