- 1 - HC-KAR NC: 2026:KHC:28261 WP No. 3347 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 3347 OF 2026 (CS-RES) BETWEEN: 1. SMT. AKKAYYA SHEDTHI W/O ANANDA SHEDTHI AGED ABOUT 65 YEARS R/AT MATTUGADDE HENGAVALLI POST KUNDAPURA TALUK UDUPI-576212. …PETITIONER (BY SRI. PRATHEEK R. SHETTY, ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF COOPERATION VIDHANA SOUDHA BENGALURU - 560 001. REP. BY ITS PRINCIPAL SECRETARY. 2. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES KUNDAPURA SUB-DIVISION KUNDAPURA - 575 001. 3. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES/ Digitally signed by V MANJUSHA BAI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:28261 WP No. 3347 of 2026 RECOVERY OFFICER DAKSHINA KANNADA DISTRICT JANATHA BAZAR, 1ST FLOOR GANAPATHI HIGH SCHOOL ROAD MANGALURU - 575 001. 4. BELVE VYAVASAYA SEVA SAHAKARI SANGHA (BANK REGISTERED UNDER CO-OPERATIVE SOCIETIES ACT) BELVE. REP. BY ITS CHIEF EXECUTIVE OFFICER. …RESPONDENTS (BY SRI. YOGESH D.NAIK, AGA FOR R1 TO R3; SRI. K.CHANDRAKANTH ARIGA, ADVOCATE FOR R4) THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI TO QUASH AND SET ASIDE THE AWARD DATED 30.06.2022 PASSED BY THE ASSISTANT REGISTRAR OF CO- OPERATIVE SOCIETIES, KUNDAPURA SUB DIVISION, IN CASE NO.71/2021-2023; 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: - 3 - HC-KAR NC: 2026:KHC:28261 WP No. 3347 of 2026 CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER 1. The petitioner has challenged the sale notice and award passed by respondent nos.3 and 2 for default committed in repayment of a loan. The writ petition is filed with the following prayers and interim prayer: "(i) Issue a writ of Certiorari to quash and set aside the Award dated 30.06.2022passed by the Assistant Registrar of Co-operative Societies, Kundapura Sub Division, in Case No. 71/2021- 2023; Vide annexure- A (ii) Issue a writ of Certiorari to quash the impugned Auction Notice dated 20.11.2025 in Execution of recovery proceeding No. 842/2022-23, Case no. 71/2022-23 issued by the Respondent No.3 regarding the auction sale of the Petitioner's property.; vide Annexure-B (iii) Direct the Respondents to reconsider and regularise the loan account of the Petitioners by taking into account the subsequent payments and the present reduced outstanding amount of Rs.12,13,046/-; (iv) Grant such other reliefs as this Hon'ble Court may deem fit in the facts and circumstances of the case, in the interest of justice and equity. - 4 - HC-KAR NC: 2026:KHC:28261 WP No. 3347 of 2026 INTERIM PRAYER It is submitted that, pending disposal of this Writ Petition, the Petitioners prays that, this Hon'ble Court may be pleased to Stay the operation and all further proceedings pursuant to the impugned Auction Notice dated 20.11.2025 issued by Respondent No.3, in the interest of justice and equity vide Annexure-A;" 2. It is seen that the petitioner is having an alternative and efficacious remedy under Sections 105 and 106 of the Karnataka Co-operative Societies Act, 1959. 3. For the aforementioned reason, the writ petition is hereby dismissed reserving the liberty to the petitioner to avail the alternative remedy, if so advised. 4. If the petitioner prefers an appeal, she will be entitled to the benefit of Section 14 of the Limitation Act, 1963. 5. The appellate authority shall decide the lis without being influenced by any of the observations made hereinabove. Sd/- (M.I.ARUN) JUDGE PGG