- 1 - HC-KAR NC: 2025:KHC:40283 WP No. 42984 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE M G UMA WRIT PETITION NO. 42984 OF 2017 (CS-DAS) BETWEEN: 1. MRS. SYEDA RIZWANA W/O ATEEQ AHMED AGED ABOUT 67 YEARS R/AT NO.23, F-9 CLEVELAND TOWN BANGALORE - 560 005 (NOT CLAIMING BENEFITS AVAILABLE TO SENIOR CITIZENS) 2. MRS. NASIHA AMATUL AZEEZ D/O MRS. SYEDA RIZWANA & MR. ATEEQ AHMED AGED ABOUT 41 YEARS R/AT: NO.73/A, CIL COLONY 2ND CROSS, SANJAYNAGAR BANGALORE - 560 094 3. MRS. UZAMA ANSARI D/O LATE ATEEQ AHMED & PETITIONER NO.1 AGED ABOUT 43 YEARS R/AT NO.26, CHINNASWAMY MUDALIAR ROAD, TASKER TOWN BANGALORE - 560 001 4. MRS. FAIZA UMME ATHIYA D/O LATE ATEEQ AHMED & PETITIONER NO.1 AGED ABOUT 42 YEARS R/AT NO.53, NAL LAYOUT EAST END MAIN ROAD 4TH T BLOCK, BANGALORE Digitally signed by SWAPNA V Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:40283 WP No. 42984 of 2017 5. MRS. NUSRA AHMED KHAN D/O LATE ATEEQ AHMED & PETITIONER NO.1 AGED ABOUT 38 YEARS R/AT: NO.5/1, CHURCH ROAD BASAVANAGUDI, BANGALORE - 560004 6. MRS. HAFSA UMMUL KHAIR D/O LATE ATEEQ AHMED & PETITIONER NO.1 AGED ABOUT 31 YEARS R/AT: NO.22, OAK WOOD APARTMENTS, EAST END MAIN ROAD, C-MAIN 38TH CROSS, JAYANAGAR 9TH BLOCK, BANGALORE - 560041 …PETITIONERS (BY SRI. G.L. VISHWANATH, SR. ADVOCATE FOR SRI. V.C. RAJU, ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF CO-OPERATIVE SOCIETIES, BANGALORE M.S. BUILDING, BANGALORE - 560001 BY ITS SECRETARY 2. THE SALE OFFICER ATTACHED TO ARCS/RO (U/R 441) AMANATH CO-OPERATIVE BANK LIMITED, BRIGADE ROAD, BANGALORE - 560001 3. AMANATH CO-OPERATIVE BANK LIMITED NO.43, HOSPITAL ROAD, SHIVAJINAGAR, BANGALORE BY ITS GENERAL MANAGER R3 IMPLEADED VIDE ORDER DATED 21.09.2017 …RESPONDENTS (BY SMT. CHANDINI .S., HCGP FOR R1 R2 - SD/-) - 3 - HC-KAR NC: 2025:KHC:40283 WP No. 42984 of 2017 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH AND / OR SETTING ASIDE THE ATTACHMENT NOTICE IN FORM NO. 7 DATED 28.6.2017 ISSUED R-2 VIDE ANNEX-L AND THE SALE PROCLAMATION VIDE FORM NO. 8 DATED 9.8.2017 AT ANNEX-M ISSUED R-2 AND ETC., THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING - B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE M G UMA ORAL ORDER The petitioner has approached this Court seeking issuance of writ in the nature of certiorari to quash the attachment notice issued in Form No.7 dated 28.06.2017 by respondent No.2 produced as per Annexure - L and the sale proclamation vide Form No.9 dated 09.08.2017 produced as per Annexure - M. 2. Heard Sri. G.L.Vishwanath, learned Senior Advocate for Sri.V.C.Raju, learned counsel for the petitioners and Sri. Abhinav.R., learned counsel for respondent No.3. 3. Learned Senior Advocate for the petitioners contended that, the property which is the subject matter of the - 4 - HC-KAR NC: 2025:KHC:40283 WP No. 42984 of 2017 notice of attachment and proclamation, exclusively belongs to the petitioners, who are the wife and children of late Ateeq Ahmed. After death of Atteq Ahmed, no notice was issued to the petitioners and principles of natural justice is denied and therefore, the petitioners are before this Court. 4. Per contra, learned counsel for the respondent opposing the petition submitted that, there is a remedy available to the petitioner under Section 101(2)(a) of the Karnataka Cooperative Societies Act, 1959. It is the Registrar of cooperative societies, who is the competent authority to pass appropriate orders, as the proceedings were initiated before him, and the orders were passed. Without approaching the appropriate authority, the petitioner has rushed to this Court. Therefore, the petition is not maintainable. 5. Learned Senior Advocate for the petitioners has placed reliance of the Hon'ble Apex Court in 'Harbanslal Sahnia and another Vs. Indian Oil Corpn.Ltd and others'1 and 'Satwati Deswal Vs. State of Haryana and others'2 in 1 (2003)2 SCC 107 2 (2010) 1 SCC 126 - 5 - HC-KAR NC: 2025:KHC:40283 WP No. 42984 of 2017 support of his contention that when patently an illegal order is passed, this Court can interfere and quash the impugned notices. 6. The facts and circumstances highlighted in both these decisions are entirely different. In other words, those decisions are rendered under different set of facts. In the present case, proceedings was initiated against Atteq Ahmed, who is the husband of petitioner No.1 and father of the other petitioners. After his death, Annexures - L and M came to be issued attaching the property belonging to the petitioners, which is under challenge. Section 101(2)(a) of the Karnataka Cooperative Societies Act, 1959 reads as under: "Section 101(2) (a) Notwithstanding anything contained in this Act, every question relating to the execution, discharge or satisfaction of an order, decision or award referred to in sub-section (1) or relating to the confirmation or setting aside of a sale held in an execution of such order, decision or award in pursuance of Clause (c) of sub-section (1), or relating to any claim or objection to an attachment of any property made under Section 103 or in execution in pursuance of the said Clause (c), shall be determined, by an order of the Registrar or any other person subordinate to him empowered by the Registrar under the said Clause (c) - 6 - HC-KAR NC: 2025:KHC:40283 WP No. 42984 of 2017 (hereinafter in this section referred to as 'authorised person') before whom such question arises." 7. Bare reading of this Section discloses that, any claim or objection to an attachment of any property could be raised under Section 101 of the Karnataka Co-operative societies Act before the Registrar. When an equally efficacious remedy is available to the petitioner, I am of the opinion that, this Court need not have to exercise its jurisdiction to bypass such legal remedy. 8. Hence, I proceed to pass the following: ORDER (i) Writ petition is disposed of. (ii) The petitioners are at liberty to approach the Registrar of the Karnataka Cooperative Societies with their grievance. (iii) Annexure - N produced by the petitioners shall be treated as their objection before the Registrar of Cooperative societies. (iv) Respondent No.2 is directed to consider Annexure-N and pass necessary orders within a period of 8 weeks from today. - 7 - HC-KAR NC: 2025:KHC:40283 WP No. 42984 of 2017 (v) Petitioners shall appear before respondent No.2 on 27.10.2025 at 3.00 pm, till such time, respondent No.2 shall not precipitate the matter. Sd/- (M G UMA) JUDGE BH CT:VS List No.: 2 Sl No.: 11