Research › Search › Judgment

High Court of Karnataka · body

2026 DAILYLAW 20761 (KAR)

NINGAPPA D v. THE KARNATAKA STATE CO OPERATIVE HOUSING FEDERATION LTD.,

WP/3860/2025 · 2026-06-09

M I Arun

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:27482 WP No. 3860 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 3860 OF 2025 (CS-RES) BETWEEN: NINGAPPA D. S/O CHALGERI DURGAPPA, AGED ABOUT 86 YEARS, OCCUPATION- RETIRED, RESIDING AT 2ND MAIN, 10TH CROSS, VIJANAGARA BADAVANE, HARIHARA, DAVANGERE- 577601. …PETITIONER (BY SRI. CHETAN JADHAV, ADVOCATE) AND: 1. THE KARNATAKA STATE CO-OPERATIVE HOUSING FEDERATION LTD., (REG. UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT, 1959) REPRESENTED BY MANAGING DIRECTOR, NO.3, S. KARIYAPPA ROAD, BASAVANAGUDI, BANGALORE-560001. 2. THE ASSISTANT REGISTRAR OF COOPERATIVE SOCIETIES, DAVANGERE SUB-DIVISION, Digitally signed by V MANJUSHA BAI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:27482 WP No. 3860 of 2025 OPP. TO ANJANEYASWAMY TEMPLE, VIDYANAGARA, DAVANAGERE- 577001. …RESPONDENTS (BY SRI. ANANDA K., ADVOCATE FOR R1; SMT. SPOORTHY V., HCGP FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE AWARD PASSED BY THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, DAVANGERE/RESPONDENT-2 ON 10.04.2023 THEREBY AWARDING THE RESPONDENT A SUM OF RS.4,52,100 VIDE ANNEXURE-G BEARING CASE NO.AN(V AND E)/D2/MD/03/2022-23 DATED 10.04.2023 AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP THROUGH VIDEO CONFERENCING / PHYSICAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN - 3 - HC-KAR NC: 2026:KHC:27482 WP No. 3860 of 2025 ORAL ORDER Proceedings have been initiated against the petitioner for recovery of the loan advanced by respondent No.1 - Co-operative Society Bank and an award has been passed against him. Aggrieved by the same, the present writ petition is filed. 2. The learned counsel appearing for respondent No.1 as well as the learned High Court Government Pleader, upon instructions, submit that the petitioner is having an alterative and efficacious remedy under Sections 105 and 106 of the Karnataka Co-operative Societies Act, 1959. 3. As the petitioner is having an alternative and efficacious remedy, the writ petition is hereby dismissed, reserving the liberty to the petitioner to avail the alternative remedy in the manner known to law. If any appeal were to be filed, the time spent by the petitioner prosecuting the instant writ petition shall be condoned by - 4 - HC-KAR NC: 2026:KHC:27482 WP No. 3860 of 2025 the Appellate Authority. Further, the respondents are directed not to initiate any precipitative action against the petitioner for a period of four (04) weeks from today. It is hereby made clear that no opinion is expressed on the merits of the case and the Appellate Authority shall decide the appeal in accordance with law without being influenced by any of the observations made herein above. Sd/- (M.I.ARUN) JUDGE CH List No.: 1 Sl No.: 48