- 1 - HC-KAR NC: 2026:KHC:26514 WP No. 24518 of 2023 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. 24518 OF 2023 (CS-RES) BETWEEN: 1. MR. MANOHAR KULAL S/O MR. RAMA MOOLYA, AGED ABOUT 46 YEARS, MEMBERSHIP NO. A 3634, 3-273, NEREMBOLU HOUSE, BANTWALA KASAB VILLAGE, POST: AGRAR- BANTWAL TALUK - 574 211. 2. MR. PRATHAP RAJ S/O MR. GANESH DASAIHA, AGED ABOUT 33 YEARS, MEMBERSHIP NO. D 592, 1-53, PADRAI HOUSE, RAI VILLAGE AND POST, BANTWAL TALUK - 574211. 3. MR. GOPAL POOJARY S/O MR. NARAYANA POOJARY, AGED ABOUT 42 YEARS, MEMBERSHIP NO. 585, 3-273, NEREMBOLU HOUSE, BANTWALA KASAB VILLAGE, POST AGRAR - BANTWAL TALUK - 574211. …PETITIONERS (BY SRI. K. SHASHIKANTH PRASAD, ADVOCATE (ABSENT)) Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:26514 WP No. 24518 of 2023 AND: 1. THE STATE OF KARNATAKA, REGISTRAR OF CO-OPERATIVE SOCIETY, REPRESENTED BY ITS REGISTRAR, ALI ASKAR ROAD, NEAR RAJ BHAVAN, BENGALURU - 560001. 2. ASSISTANT REGISTRAR CO-OPERATIVE SOCIETY AND RECOVERY OFFICER, PUTTUR SUB DIVISION, PUTTUR - 574202. 3. KUMBARARA GUDI KAIGARIKA SAHAKARA SANGHA NIYAMITHA, PUTTUR - 574201, DAKSHINA KANNADA, REPRESENTED BY BRANCH SECRETARY, REGISTERED UNDER KARNATAKA SOCIETY REGISTRATION ACT, 1960. …RESPONDENTS (BY SMT. SPOORTHI V., HCGP FOR R1 AND R2, SRI. PRASANNA V. R., ADVOCATE FOR R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE AUCTION NOTICE IN FORM NO.8 AND 9 DATED 30.09.2023 IN DISPUTE NO.1852/2019-20 AND CEP NO.61/2022-23 ISSUED BY THE RESPONDENT NO.2 (ANNEXURE-A AND B) AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN `B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:26514 WP No. 24518 of 2023 CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER Learned counsel for the petitioners is absent. 2. It is seen that an award is passed against the petitioners herein and a property is brought for auction sale pursuant to the said award, on the ground that there was a default in repayment of a loan. The petitioners have challenged the Auction Notice dated 30.09.2023 issued in this regard. 3. It is submitted by the learned counsel for respondent No.3 that, auction has not taken place pursuant to the sale notice. He further submits that the petitioners are also having an alternative and efficacious remedy under Section 105 of the Karnataka Co-operative Societies Act, 1959. 4. However, in the writ petition, the petitioners have challenged the Auction Notice dated 30.09.2023 and the said auction has not taken place. Hence, the writ - 4 - HC-KAR NC: 2026:KHC:26514 WP No. 24518 of 2023 petition is hereby dismissed as having become infructuous. Sd/- (M.I.ARUN) JUDGE MCR List No.: 1 Sl No.: 51