- 1 - HC-KAR NC: 2025:KHC:25528 WP No. 7869 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 7869 OF 2023 (CS-RES) BETWEEN: SRI RAMESH GANIGA S/O NANDU GANIGA, AGED ABOUT 57 YEARS, R/AT KEREKATTE, HOSANGADI VILLAGE, P O HOSANGADI, KUNDPURA TALUK, UDUPI DISTRICT 576282 …PETITIONER (BY SMT. PRATHIKSHA AND SRI. RAJASHEKAR S., ADVOCATES) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF CO OPERTION, REPRESENTED BY ITS PRINCIPAL SECRETARY, 1ST FLOOR VIKASA SOUDHA, DR B R AMBEDKAR VEEDHI, BENGALURU 560001 2. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES KUNDAPURA SUB DIVISION, KUNDAPURA UDUPI DISTRICT 576201 3. SIDDAPLURA AGRICULTURAL SERVICE CO OPERATIVE SOCIETY LIMITED, SIDDAPURA KUNDAPURA TALUK, UDUPI DISTRICT 576201 Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:25528 WP No. 7869 of 2023 REP BY ITS PRESIDENT (REGISTERED UNDER CO OPERATIVE SOCIETIES ACT 1969) 4. THE CHIEF EXECUTIVE OFFICER SIDDAPURA AGRICULTURAL SERVICE, CO OPERATIVE SOCIETY LIMITED, SIDDAPURA KUNDAPURA TALUK, UDUPI DISTRICT 576201 (REGISTERED UNDER CO OPERATIVE SOCIETIES ACT 1969 …RESPONDENTS (BY SRI. A.S. HARISH., AGA FOR R1 TO R2; SRI. HARSHITHA N. BALAKRISHNA., ADVOCATE FOR R3 AD R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI TO QUASH THE ORDER DTD. 16.09.2022 AND ORDER DTD. 21.02.2023 PASSED BY THE R-2 IN ABJ NO.01/2022-23 VIDE ANNX-A AND B AND ETC. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The Petitioner is before this Court seeking for the following reliefs: 1. To issue a writ of certiorari to quash the order dated 16.09.2022 and order dated 21.02.2023 passed by the R2 in ABJ No.01/2022-23 vide Annexures-A and B. 2. Issue any other writ, order or direction as this Hon’ble Court deems fit and proper under the facts - 3 - HC-KAR NC: 2025:KHC:25528 WP No. 7869 of 2023 and circumstances of this case in the interest of justice and equity. 2. What is essentially challenged is the attachment before Judgment Order dated 16.09.2022 and 21.02.2022 at Annexure-A and B passed by respondent No.2. 3. A endorsement issued by Tahsildar dated 05.04.2023 has been placed on record along with the objection filed by respondents No.3 and 4. By placing reliance on Section 100 of the Transfer of Property Act, 1882 the Tahsildar has categorically stated that on the basis of the order passed by the Joint Registrar of Co-operative Societies, a charge cannot be created and therefore attachment cannot be effected. 4. In that view of the matter, the order impugned has remained a paper order without enforcement the Tahsildar categorically stating that the same cannot be enforced. - 4 - HC-KAR NC: 2025:KHC:25528 WP No. 7869 of 2023 5. The property of the petitioners not having been attached by the Tahsildar, there would be no requirement to quash the said order, in view of the specific endorsement issued by the Tahsildar who is the implementing authority. 6. Placing the said observations on record, the petition stands disposed of. Liberty is reserved to the petitioner to approach this Court, if any, further attachment orders were to be passed. SD/- (SURAJ GOVINDARAJ) JUDGE SR List No.: 1 Sl No.: 87