Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:42551 WP No. 22026 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE M G UMA WRIT PETITION NO. 22026 OF 2025 (CS-RES) BETWEEN:
MRS. NASEEMA .B.
W/O ABDUL AZEEZ, AGED ABOUT 40 YEARS, R/AT HALLINGERI HOUSE, KOKKADA VILLAGE AND POST, BELTHANGADY TALUK, DAKSHINA KANNADA - 574 198. …PETITIONER (BY SRI. ASHWIN JOYSTON KUTINHA, ADVOCATE) AND:
1.
THE RECOVERY OFFICER AND ASSISTANT REGISTRAR OF COOPERATIVE SOCIETIES, MANGALURU SUB DIVISION, MANGALURU - 575 001.
2.
THE SOUTH CANARA DISTRICT CENTRAL CO OPERATIVE BANK LTD., REGISTERED UNDER KARNATAKA STATE CO OPERATIVE SOCIETIES ACT, 1959, HAVING ITS REGISTERED OFFICE AT KODIALBAIL, MANGALURU - 575 003. REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER.
3.
SRI ABDUL AZEEZ S/O ABDUL RAHIMAN, MAJOR, R/AT HALLINGERI HOUSE, KOKKADA VILLAGE AND POST, BELTHANGADY TALUK, DAKSHINA KANNADA - 574 198.
Digitally signed by PRASHANTH N V Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:42551 WP No. 22026 of 2025
4.
SRI. IBRAHIM MAJOR, S/O PUTTU BYAARI, R/AT HALLINGERI HOUSE, KOKKADA VILLAGE AND POST, BELTHANGADY TALUK, DAKSHINA KANNADA - 574 198.
5.
SRI. JAIBABU ALIMAMMA, MAJOR, W/O ABDUL RAHIMAN, BAJAKODI HOUSE, KOKKADA VILLAGE AND POST, BELTHANGADY TALUK, DAKSHINA KANNADA - 574 198. …RESPONDENTS (BY SRI. S.R. KHAMROZ KHAN, AGA, FOR R1 SRI. RAKSHITH KUMAR, ADVOCATE FOR R2 V/O DT.24/7/2025, NOTICE TO R3-5 ARE D/W))
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF CONSTITUTION OF INDIA, 1950 PRAYING TO A) ISSUE A WRIT OF CERTIORARI TO QUASH THE AUCTION NOTICE ISSUED UNDER FORM 8 RULE 38 (2)(D) OF THE KARNATAKA CO-OPERATIVE SOCIETIES RULES, 1960 DATED 02-06-2025 IN JRM/DDS/333/2022-23 AND C.E.P. NO. 330/2023-24 ISSUED BY THE RESPONDENT NO.01 VIDE ANNEXURE-A AND B) ISSUE A WRIT OF CERTIORARI TO QUASH AUCTION NOTICE ISSUED UNDER FORM-9 RULE 22(7)(E) OF THE KARNATAKA CO-OPERATIVE SOCIETIES RULES, 1960 DATED 02-06- 2025 IN JRM/DDS/333/2022-23 AND C.E.P. NO. 330/2023-24 ISSUED BY THE RESPONDENT NO.01, VIDE ANNEXURE-B 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
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HC-KAR NC: 2025:KHC:42551 WP No. 22026 of 2025
ORAL ORDER
Learned counsel for respondent No.2 submits that petition is not maintainable since the order impugned is appealable under Section 105 of the Karnataka Cooperative Societies Act.
2.
Learned counsel for the petitioner seeks liberty to prefer an appeal as required under law.
3.
Submissions are placed on record.
4. Hence, the Petition is dismissed with liberty to approach the appropriate authority in accordance with law.
Sd/- (M G UMA) JUDGE
BH CT:VS List No.: 2 Sl No.: 20