- 1 - HC-KAR NC: 2026:KHC:26570 WP No. 2088 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 2088 OF 2024 (CS-RES) BETWEEN: BIJU THOMAS S/O K. T. THOMAS, AGED ABOUT 55 YEARS, RESIDING AT GREEN VALUE PLANTATION, BAARADI, KANTAAVARA, KARKALA TALUK, UDUPI DISTRICT. …PETITIONER (BY SRI. SRIKANTH V. K., ADVOCATE) AND: 1. CHIEF EXECUTIVE OFFICER, BOLA VYAVASAAYA SEVA SAHAKARI SANGHA, BOLA POST, KARKALA TALUK, UDUPI DISTRICT-574104. 2. LOAN RECOVERY OFFICER OF CO-OPERATIVE SOCIETY, DAKSHINA KANNADA DISTRICT CO-OPERATIVE BANK, MANGALURU-575003. …RESPONDENTS (BY SRI. DEVI PRASAD SHETTY, ADVOCATE FOR R1; SMT. SPOORTHI V., HCGP FOR R2) Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:26570 WP No. 2088 of 2024 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF MANDAMUS TO RESPONDENT NO.1 BY DIRECTING THEM TO ACCEPT THE ONE TIME SETTLEMENT AND DO CLOSURE OF LOAN AND TO RELEASE ALL THE MORTGAGED DOCUMENTS AND TO STOP AUCTIONING THE PROPERTY, VIDE ANNEXURE-C ORDER MADE IN SUIT NO.536/22-23 AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN B-GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER The proceedings have been initiated against the petitioner for committing default in repayment of a loan borrowed from respondent No.1. Aggrieved by the same, the present writ petition is filed with the following prayers: "1. Issue Writ of Mandamus to respondent no.1 by directing them to accept the one time settlement and do closure of loan and to release all the mortgaged documents and to stop auctioning the property, vide Annexure C order made in Suit no.536/2022-23. 2. Issue Writ of Certiorari to respondent no.2 by setting aside the order made vide Annexure C in Suit no.536/2022-23 and to nullify the auction - 3 - HC-KAR NC: 2026:KHC:26570 WP No. 2088 of 2024 notice and to direct them not to do auction of the mortgaged property. 3. Issue any other writ, order or direction as this Hon'ble court deems fit and proper relief's as this Hon'ble court deems fit and proper under the circumstances of this case;" 2. Learned counsel for the petitioner is absent. 3. Learned counsels for respondents submit that petitioner is having an alternative and efficacious remedy under Section 105 of the Karnataka Co-operative Societies Act, 1959 (for short, 'the Act'). 4. As the petitioner is having an alternative and efficacious remedy under Section 105 of the Act, the Writ Petition is hereby dismissed reserving the liberty to the petitioner to approach the appropriate authority in the manner known to law. If such an appeal is filed, the time spent by the petitioner pursuing the present writ petition shall be condoned, in case any application for condonation - 4 - HC-KAR NC: 2026:KHC:26570 WP No. 2088 of 2024 of delay is filed by the petitioner before the Appellate Authority. Sd/- (M.I.ARUN) JUDGE MCR List No.: 1 Sl No.: 58