- 1 - HC-KAR NC: 2026:KHC:27204 WP No. 9232 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO.9232 OF 2024 (CS-RES) BETWEEN: 1. FATHIMA SHIFANA W/O. MOHAMMED MUZAMMIL, AGED ABOUT 30 YEARS, 2. ABDUL AHMEED S/O LATE B.K. IJJABBA AGED ABOUT 65 YEARS, PETITIONERS NOS.1 AND 2 ARE AT HOUSE NO.7-119A/1, KRISHNAPURA, 7TH BLOCK, POST SURATHKAL, MANGALORE-575 014. …PETITIONERS [BY SMT. KAVITHA N., ADVOCATE (ABSENT] AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION SOCIETY, VIDHANA SOUDHA, DR. AMBEDKAR VEEDHI, BENGALURU-560 001 REPRESENTED BY ITS SECRETARY. Digitally signed by V MANJUSHA BAI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:27204 WP No. 9232 of 2024 2. THE RECOVERY OFFICER OF THE CO-OPERATIVE SOCIETIES SOUTH CANARA DISTRICT CENTRAL CO-OPERATIVE BANK LIMITED, MANGALORE, D.K.-575 003. 3. SOUTH CANARA DISTRICT CENTRAL CO-OPERATIVE BANK LIMITED, (REGISTERED UNDER CO-OPERATIVE ACT) REP. BY ITS CEO, SURATHKAL BRANCH, MANGALORE, D.K.-575 003. 4. MOHAMMED MUZAMMIL AGED ABOUT 35 YEARS, S/O ABDUL AHMEED, R/AT: HOUSE NO.7-119A/1, KRISHNAPURA, 7TH BLOCK, POST SURATHKAL, MANGALORE-575 014. …RESPONDENTS (BY SMT. SPOORTHI V. HCGP., FOR R.1 AND R.2; SRI. RAKSHITH KUMAR, ADVOCATE FOR R.3 (V.C.); R.4: SERVED BUT UNREPRESENTED.) THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE FORM NOS.8 AND 9 AUCTION NOTICE DATED 20.02.2024 ISSUED BY THE RECOVERY OFFICER OF THE CO-OPERATIVE SOCIETIES, DISTRICT CENTRAL CO-OPERATIVE BANK, MANGALORE IN DISPUTE NO:399/2022-23, C.E.P. NO:360/2023-24 AT ANNEXURES-A AND B (IN SO FAR AS PETITIONERS CONCERN)., ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:27204 WP No. 9232 of 2024 CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER 1. The petitioners have challenged the auction notice dated 20.02.2024 issued by respondent No.2, in respect of their properties, for default committed in repayment of a loan advanced by respondent No.3. It is seen that the petitioners have not challenged the award and that the petitioners have got an alternative and efficacious remedy under Section 105 of the Karnataka Co-operatives Societies Act, 1959. It is also submitted by the respondents that auction pursuant to the auction notice under challenge has not taken place and if the properties have to be auctioned, the entire process has to be redone. 2. On the ground that the petitioners are having an alternative and efficacious remedy and the action contemplated under the auction notice dated 20.02.2024 is frustrated, the writ petition stands dismissed reserving liberty to the petitioners to invoke the alternative remedy in accordance with law. - 4 - HC-KAR NC: 2026:KHC:27204 WP No. 9232 of 2024 3. If the petitioners were to file an appeal, the time spent by the petitioners in pursuing the present writ petition shall be condoned by the Appellate Authority. Sd/- (M.I.ARUN) JUDGE VMB List No.: 1 Sl No.: 36