- 1 - NC: 2025:KHC-D:2213 WP No. 108049 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 5TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 108049 OF 2024 (GM-CPC) BETWEEN: 1. SHRI ARJUN LAXMAN GAVADE, AGE: 53 YEARS, OCC: BUSINESS, R/O. HOUSE NO.53, LAXMI GALLI, BACHI, TQ: & DIST: BELAGAVI-591128. 2. LAXMI KRISHNA GAVADE, AGE: 47 YEARS, OCC: HOUSEHOLD, R/O. HOUSE NO.53, LAXMI GALLI, BACHI, TQ: & DIST: BELAGAVI-591128. …PETITIONERS (BY SRI. SHARAD M. PATIL, ADVOCATE) AND: 1. THE MARKANDEYA CO-OPERATIVE CREDIT SOCIETY LTD., MANNUR, TALUKA: BELAGAVI, REPRESENTED BY ITS SECRETARY, SHRI VASANT S/O. YALLAPPA BEKANE, AGE: 56 YEARS, OCC: SERVICE, R/O. MANNUR, TQ: & DIST: BELAGAVI-591108. 2. SHRI PRAKASH GANAPATI PATIL, AGE: 50 YEARS, OCC: BUSINESS, R/O. RAMALINGA GALLI, TURAMURI, TQ: & DIST: BELAGAVI-591128. 3. MR. DHAKALU RAMACHANDRA PATIL, AGE: 50 YEARS, OCC: BUSINESS, R/O. HOUSE NO.53, LAXMI GALLI, BACHI, TQ: & DIST: BELAGAVI-591128. GIRIJA A BYAHATTI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2025:KHC-D:2213 WP No. 108049 of 2024 4. MR. GAJANAN BHARAMANNA PATIL, AGE: 54 YEARS, OCC: BUSINESS, R/O. HOUSE NO.53, LAXMI GALLI, BACHI, TQ: & DIST: BELAGAVI-591128. …RESPONDENTS (BY SMT. GEETA K.M. @ PAWAR, ADVOCATE FOR R1; NOTICE TO R2-R4 IS DISPENSED WITH) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI AND TO QUASH THE IMPUGNED ORDER DATED 15/09/2021 PASSED BY THE ASSISTANT COMMISSIONER OF CO- OPERATIVE SOCIETY, BELAGAVI BEARING. DRL/ABN/214/2020-2021 VIDE ANNEXURE-A AND ALSO QUASH THE PROCEEDING IN EXECUTION PETITION BEARING NO.60/2022 BEFORE THE HON’BLE PRINCIPAL SENIOR CIVIL JUDGE AND CJM, BELAGAVI VIDE ANNEXURE-B; ISSUE ANY OTHER WRIT, ORDER OR DIRECTION TO WHICH THE PETITIONERS ARE FOUND ENTITLED TO IN THE PRESENT FACTS AND CIRCUMSTANCES. THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioners are before this Court seeking for the following reliefs: a) Issue a writ of certiorari and to quash the impugned order dated 15/09/2021 passed by the Assistant Commissioner of Co-Operative Society, Belagavi Bearing No.DRL/ABN/ 214/2020-2021 vide Annexure-A and also quash the proceeding in Execution Petition bearing No.60/2022 before the Hon’ble Principal Senior Civil Judge and CJM, Belagavi vide Annexure-B; - 3 - NC: 2025:KHC-D:2213 WP No. 108049 of 2024 b) Issue any other writ, order or direction to which the petitioners are found entitled to in the present facts and circumstances. 2. Despite the order dated 07.01.2025, the amount directed to be deposited has not been so deposited. It is therefore clear that the petitioner is not diligent in prosecuting the matter. 3. The petitioner also having alternative efficacious remedy in terms of appeal to the Registrar challenging Annexure-A, reserving such liberty, petition stands dismissed. Sd/- (SURAJ GOVINDARAJ) JUDGE gab CT-MCK List No.: 1 Sl No.: 21