- 1 - HC-KAR NC: 2025:KHC:40908 WP No. 23283 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE M G UMA WRIT PETITION NO. 23283 OF 2025 (CS-RES) BETWEEN: 1. MR.NARAYANA PUNCHAME, S/O MR KADYA, AGED ABOUT 53 YEARS, MEMBERSHIP NO.8042 12/365/D1, SANCHAYA GIRI MANE 4TH MAIN ROAD, B MOODA VILLAGE, BUNTWAL TALUK-574 211. 2. SMT VASANTHI, W/O MR NARAYANA PUNCHAMA, AGED ABOUT 46 YEARS, MEMBERSHIP NO.8228 12/365/D1, SANCHAYA GIRI MANE 4TH MAIN ROAD, B MOODA VILLAGE, BUNTWAL TALUK-574 211. 3. MR JAGADISH KULLAL, S/O MR CHUKKA MOOLYA ADULT, MEMBERSHIP NO.8219 2-193, GATTI BETTU MANE, MALLUR VILLAGE AND POST, POST SHIRVA-574 116, MANGALURU TALUK. 4. MR YOGISH KUMAR, S/O MR TOMA ADULT, MEMBERSHIP NO.8220, 2-114, KINNI BETTU MANE, KARIYANGALA VILLAGE, Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court Of Karnatka - 2 - HC-KAR NC: 2025:KHC:40908 WP No. 23283 of 2025 BANTWAL TALUK-574 153. …PETITIONERS (BY SRI. K. SHASHIKANTH PRASAD., ADVOCATE) AND: 1. THE STATE OF KARNATAKA, DEPARTMENT OF CO-OPERATIVE SOCIETY, VIDHANA SOUDHA, DR AMBEDKAR VEEDHI, BENGALURU-560 001, REPRESENTED BY CHIEF EXECUTIVE. 2. THE RECOVERY OFFICER OF CO-OPERATIVE SOCIETY, K.CS.R 441, DAKSHINA KANNADA DISTRICT, CENTRAL CO-OPERATIVE BANK NIYAMITHA, MANGALURU-575 003, REPRESENTED BY THE ASSISTANT REGISTRAR. 3. DAKSHINA KANNADA DISTRICT, CENTRAL CO-OPERATIVE BANK NIYAMITHA, MANGALURU-575 003, NO.1113, BRANCH B C ROAD-574 219, REPRESENTED BY BRANCH MANAGER. …RESPONDENTS (BY SRI. YOGESH .D NAIK, AGA FOR R1 & R2, SMT. RAKSHITH KUMAR, ADVOCATE FOR R3) THIS WP IS FILED UNDER SECTIONS 226 AND 227 OF CONSTITUTION OF INDIA, PRAYING TO QUASH THE AUCTION NOTICE IN FORM NO.8 AND 9 DTD 07.07.2025 IN DISPUTE - 3 - HC-KAR NC: 2025:KHC:40908 WP No. 23283 of 2025 NO.945/2023.24 AND CEP.NO.21/2025.26 FOR THE AUCTION TO BE HELD ON 14.08.2025 ISSUED BY THE R2 (ANNX-A AND B). THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE M G UMA ORAL ORDER Learned counsel for respondent No.3 submits that the conditions imposed vide order dated 4.8.2025 is not complied with. Learned counsel for the petitioners fairly concedes non deposit of 50% of the amount before respondent No.3 as directed. Learned AGA and learned counsel for the respondent No.3 submit that the writ petition is not maintainable, as the petitioners are having alternative remedy for preferring the appeal under Section 105 of Co-operative Societies Act. - 4 - HC-KAR NC: 2025:KHC:40908 WP No. 23283 of 2025 Since there is alternative remedy that was available to the petitioner before approaching this court and since there is non-compliance of the condition imposed vide order dated 4.8.2025, the petition is liable to be disposed. The respondent Nos.2 and 3 are at liberty to proceed with the auction. Hence, this petition is dismissed. Sd/- (M G UMA) JUDGE AKV List No.: 1 Sl No.: 5