- 1 - NC: 2025:KHC-D:5150 WP No. 104531 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 20TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 104531 OF 2023 (CS-DAS) BETWEEN: 1. SHAIK KHAMROON W/O SHAIK MAHAMOOD, AGE: 60 YEARS, OCC: HOUSEWIFE, 2. S. MOHAMMED GAFOOR S/O SHAIK MOHAMOOD, 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 CHRUCH 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 SOUYUKTA SAHAKARI NIYAMIT, BENGALURU-560 001. Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:5150 WP No. 104531 of 2023 2. SHREE GAYATRI PATINA SOUHARDHA 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 AND R3; SRI. S.S. BETURMATH, ADVOCATE FOR R2; R4-DISPENSED WITH) 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 to 3 and Sri.S.S.Beturmath., counsel for respondents No.2 have appeared in person. - 3 - NC: 2025:KHC-D:5150 WP No. 104531 of 2023 2. The captioned Writ Petition is filed seeking the following reliefs: i) Issue a Writ of Certiorari and quash the impugned award dated 20/9/2017 passed by 3rd respondent in No. 3087/2017-18, vide Annexure-A. ii) Issue a writ of Certiorari, and quash the impugned auction notices dated 24/5/2023 issued by 1st respondent in 318/2018-19 vide Annexures-D & 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.55,00,000/- 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 impugned 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:5150 WP No. 104531 of 2023 5. Resultantly, the Writ Petition is dismissed. Sd/- (JYOTI MULIMANI) JUDGE CLK,MRP LIST NO.: 2 SL NO.: 70