- 1 - HC-KAR NC: 2026:KHC:27147 WP No. 5329 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. 5329 OF 2024 (CS-RES) BETWEEN: 1. MR. ASHOK NAIK S/O UPENDRA NAIK AGED ABOUT 53 YEARS 2. JAYANTHI NAIK W/O ASHOK NAIK AGED ABOUT 50 YEARS BOTH ARE R/AT DOOR NO.1-37E ASHRITHA NILAYA, MADAGA CHANNIBETTU, VIA ATHRADI UDUPI DISTRICT-574 102. …PETITIONERS (BY SMT. KAVITHA N., ADVOCATE [ABSENT]) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION SOCIETY VIDHAAN SODHA DR AMBEDKAR VEEDHI BENGALURU-560 001. REPRSENTED BY SECRETARY. 2. THE RECOVERY OFFICER OFFICE OF THE ASSISTANT REGISTRAR Digitally signed by V MANJUSHA BAI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:27147 WP No. 5329 of 2024 OF CO-OPERATIVE SOCIETIES KUNDAPURA SUB-DIVISION KUNDAPURA-576 201. 3. GURU MACHIDEVA MULTIPURPOSE CO-OPERATVIE SOCIETY LTD. REP. BY RECOVERY OFFICER UDDINAHITHLU, MALPE, UDUPI KARNATAKA-576 108. (REGISTERED UNDER THE KARNATAKA CO-OPERATIVE SOCITIES ACT 1959) …RESPONDENTS (BY SRI. YOGESH D.NAIK, AGA FOR R1 & R2; SRI. K.PRASANNA SHETTY, ADVOCATE FOR R3) THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE AUCTION NOTICES DATED 08.01.2024 ISSUED BY THE RECOVERY OFFICER, OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, KUNDAPUR SUB-DIVISION, KUNDAPUR IN DISPUTE NO.23/2017-18, E.P. NO.105/2018-19 AT ANNEXURES-A AND B AND ALL OTHER FURTHER PROCEEDINGS PURSUANT THERETO, IN SO FAR AS PETITIONERS CONCERN AND ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN - 3 - HC-KAR NC: 2026:KHC:27147 WP No. 5329 of 2024 ORAL ORDER 1. Respondent no.3-Society has initiated recovery proceedings against the petitioners in respect of a default committed regarding repayment of a loan said to have been borrowed by them. The petitioners have not challenged the award. Further, it is seen that the petitioners are having an alternative and efficacious remedy under Section 105 of the Karnataka Co-operative Societies Act, 1959. 2. For the aforementioned reasons, the writ petition is hereby dismissed reserving the liberty to the petitioners to approach the appropriate authority in the manner known to law. In such an event, the petitioners shall be entitled for condonation of delay for the time spent by them pursuing the present writ petition. Sd/- (M.I.ARUN) JUDGE PGG List No.: 1 Sl No.: 29