- 1 - HC-KAR NC: 2026:KHC:27810 WP No. 12963 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 12963 OF 2025 (CS-RES) BETWEEN: 1. MR. DINESH KUMAR B. AGED ABOUT 55 YEARS S/O B.SADASHIVA R/AT 3-117/3, L.S.NIVAS RAJARAJSHWARI SIDDIVINAYAKA ROAD KUTTUR, PERMMANUR MANGALURU-575 017 …PETITIONER (BY SRI. R.P.D'SOUZA, ADVOCATE [ABSENT]) AND: 1. THE RECOVERY OFFICER AND ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES MANGALURU SUB-DIVISION MANGALURU-575 001 2. ATHAMASHANKTHI MULTIPURPOSE CO-OPERATIVE SOCIETY LTD. A CO-OPERATIVE SOCIETY REGISTERED UNDER THE KARNATAKA CO-OPERATIVE SOCIETY ACT HAVING ITS REGISTERED OFFICE AT: "ATHMASHAKTISOUDHA" NEAR BAIRADIKERE, PADIL MANAGALORE-575 007 Digitally signed by V MANJUSHA BAI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:27810 WP No. 12963 of 2025 REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER 3. SMT. MAMATHA W/O DINESH KUMAR B. R/AT 3-117/3, L.S.NIVAS RAJARAJESHWARI SIDDIVINAYAKA ROAD KUTTUR, PERMMANUR, MANGALURU-575 017 4. SRI. NARESH KUMAR S/O B.SADASHIVA R/AT 4-13, LALITHA SADA NILAYA PANDIT HOUSE, KUTTAR PERMANNUR, MANGALURU-575 017 …RESPONDENTS (BY SRI. YOGESH D.NAIK, AGA FOR R1; VIDE ORDER DATED 28.07.2025 PETITION AGAINST R2 TO R4 STANDS DISMISSED) THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE SALE CERTIFICATE DATED 12/11/2024 ISSUED BY RESPONDENT NO.1 IN C.E.P.NO.45/2019-20 ARISING OUT OF CASE NO.DRP/70/2017-18 VIDE ANNEXURE-A 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:27810 WP No. 12963 of 2025 ORAL ORDER 1. Learned counsel for petitioner is absent. 2. The petitioner has challenged the sale certificate and the subsequent direction to vacate the property, which are done in pursuance of the proceedings initiated towards the recovery of the loan. 3. Learned AGA submits that, the petitioner is having an alternative and efficacious remedy under Sections 105 and 106 of the Karnataka Co-operative Societies Act, 1959. 4. As the petitioner is having an alternative and efficacious remedy, the writ petition is hereby dismissed reserving the liberty to the petitioner to approach the appropriate authority in the manner known to law. If he were to file an appeal, the time spent by the petitioner before this Court shall be condoned by the appellate authority. Sd/- (M.I.ARUN) JUDGE PGG List No.: 1 Sl No.: 33