- 1 - HC-KAR NC: 2026:KHC:21967 WP No. 1310 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 1310 OF 2025 (CS-RES) BETWEEN: 1. FOUSTINE MENDONCA W/O ALEX MENDONCA, AGED ABOUT 67 YEARS, (SENIOR CITIZEN BENEFIT NOT CLAIMED) 2. ALEX MENDONCA S/O SILVESTER MENDONCA, AGED ABOUT 70 YEARS, (SENIOR CITIZEN BENEFIT NOT CLAIMED) BOTH ARE RESIDING AT: H.NO.18-44/1, KODIHITHLU HOUSE, KODI POST, SHIVRA, UDUPI TALUK AND DISTRICT-576 217. …PETITIONERS (BY SMT. KAVITHA N., ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION SOCIETY, VIDHANA SOUDHA, DR. AMBEDKAR VEEDHI, BENGALURU-560 001. REPRESENTED BY ITS SECRETARY. 2. THE RECOVERY OFFICER THE RECOVERY OFFICER OF CO-OPERATIVE SOCIETIES, Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:21967 WP No. 1310 of 2025 (KCSR-441) D.K. DISTRICT CENTRAL CO-OPERATIVE BANK, MANGALORE-575 003. 3. SOUTH CANARA DISTRICT CENTRAL CO-OPERATIVE BANK (REGISTERED UNDER CO-OPERATIVE SOCIETY ACT) REP BY ITS CEO, K.M. MARGA BRANCH, SHIVRA, UDUPI TALUK AND DISTRICT-576 217. …RESPONDENTS (BY SRI. YOGESH D. NAIK, AGA FOR R1 & R2; SRI. RAKSHITH KUMAR, ADVOCATE FOR R3) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE FORM NO.8 AND 9 AUCTION NOTICE DATED 19.12.2024 ISSUED BY THE RECOVERY OFFICER OF CO-OPERATIVE SOCIETIES, D.K. DISTRICT CENTRAL CO-OPERATIVE BANK, MANGALORE IN DISPUTE NO:JRM/DDS/683/2019-20, C.E.P NO.672/2019-20 AT ANNEXURE-A AND B AND ALL OTHER FURTHER PROCEEDINGS PURSUANT THERETO. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER Heard Learned counsel for the parties. 2. The petitioner herein has filed this writ petition praying to quash Form Nos.8 and 9-Auction Notice dated 19.12.2024 issued by respondent No.2 vide Annexures "A" and "B". - 3 - HC-KAR NC: 2026:KHC:21967 WP No. 1310 of 2025 3. Learned AGA for respondents No.1 and 2 submits that, the petitioner is assailing the Action Notice without challenging the Original Award passed by the Competent Authority. 4. Having taken note of the submission made by the learned counsel for the parties, I am of the view that, as the petitioner has come up in this writ petition assailing the auction notice without challenging the original award passed by the Competent Authority, and therefore, the writ petition is not maintainable. Accordingly, the writ petition is dismissed. SD/- (E.S.INDIRESH) JUDGE RS List No.: 2 Sl No.: 64