KIRAN KUMAR SWAMY RAO v. ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES
WP/15962/2026 · 2026-06-05
M I Arun
body2026
DailyLaw.ai
[ 2026 DAILYLAW 19954 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 19954 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:26913 WP No. 15962 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 15962 OF 2026 (CS-RES) BETWEEN:
KIRAN KUMAR SWAMY RAO, S/O LATE KOMBETTU RAGHURAMA RAO, AGED ABOUT 49 YEARS, R/AT NO. 22-50-14, GURUKRIPA NEAR KMF DAIRY, KULASHEKARA POST, MANGALORE, DAKSHINA KANNADA DISTRICT- 575005. …PETITIONER (BY SRI ABISHEK MARLA M J, ADVOCATE) AND:
1.
ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, MANGALURU SUB DIVISION, K.S. RAO ROAD, KODIALBAIL, MANGALURU, D.K. DISTRICT- 575 003.
2.
SRI. LAKSHMANANADA VIVIDODESHA SAHAKAARA SANGHA NIYAMITHA, JEPPU MORGANSGATE, MANGALORE, D.K.575001, REP. BY ITS MANGER, (REG. UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT) …RESPONDENTS (BY SMT SPOORTHI V, HCGP FOR R1)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION INDIA PRAYING TO QUASH
Digitally signed by V MANJUSHA BAI Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:26913 WP No. 15962 of 2026
THE SALE AUCTION NOTICE IN FORM NO.8, ISSUED UNDER RULE 38 (2) (D) OF THE KARNATAKA CO-OPERATIVE SOCIETIES RULES, 1960 DATED 22.04.2026 IN NO. 62/2020- 21 IN DECREE NO.72/2017-19 AND THE SALE NOTICE IN FORM NO.9 IN C.E.P. NO. 62/2020-21 IN DECREE NO.726/2017-2018 DATED 22.04.2026 FIXING THE DATE OF AUCTION ON 29.05.2026 VIDE ANNEXURES-A AND B AS PER AS PETITIONER CONCERNED.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE M.I.ARUN
ORAL ORDER
The petitioner has challenged the sale/auction issued pursuant to an award passed against the petitioner because of a default committed in the repayment of a loan availed from respondent No.2-Society.
2. It is seen that the petitioner has an alternative or efficacious remedy under Sections 105 & 106 of the Karnataka Cooperative Societies Act, 1959.
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HC-KAR NC: 2026:KHC:26913 WP No. 15962 of 2026
3. For the aforementioned reasons, the writ petition is dismissed, reserving the liberty to the petitioner to approach the appropriate forum in a manner known to law.
Sd/- (M.I.ARUN) JUDGE
CHS List No.: 1 Sl No.: 26