- 1 - HC-KAR NC: 2026:KHC:27218 WP No. 3949 of 2025 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.3949 OF 2025 (CS-RES) BETWEEN: 1. SRI. B.R. BHAGYA W/O. RAMASWAMI K.G. AGED ABOUT 57 YEARS RESIDING AT 69, 4TH B MAIN, 5TH CROSS, CHANDANA LAYOUT, SUNKADKATTE, BENGALURU -560 091. …PETITIONER [BY SRI. NAVEEN TAO, ADVOCATE (ABSENT)] AND: 1. ASSISTANT REGISTRAR CUM RECOVERY OFFICER CO-OPERATIVE SOCIETIES (4TH DIVISION) NO.146, SAHAKARA SOUDHA 1ST FLOOR, 8TH CROSS, MARGOSA ROAD, MALLESHWARAM-560003. 2. THE KUVEMPU CO-OPERATIVE SOCIETY LIMITED ® (SOCIETY REGISTERED UNDER THE KARNATAKA CO-OPERATIVE SOCIETIES ACT, 1959) NO. 899/A, 1ST CROSS, 3RD MAIN, "D" BLOCK, (BEHIND SHANIMAHATMA TEMPLE) 2ND BLOCK, RAJAJINAGAR, Digitally signed by V MANJUSHA BAI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:27218 WP No. 3949 of 2025 BENGALURU 560010 REPRESENTED BY ITS SECRETARY SRI. K. PUTTASWAMY GOWDA. …RESPONDENTS (BY SRI. YOGESH D. NAIK, AGA., FOR R.1; SRI. CHANDRASHEKAR P. PATIL, ADVOCATE FOR CAV/R.2.) THIS PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH NOTICE DATED 06.12.2024 IN FORM NOS.8 AND 9 ISSUED BY THE RESPONDENT NO.1 (UNDER ANNEXURES-A AND B TO THE WRIT PETITION) BY ISSUE OF A WRIT IN THE NATURE OF CERTIORARI OR SUCH OTHER APPROPRIATE WRIT, ORDER OR DIRECTION AS THIS HON'BLE COURT DEEMS FIT TO GRANT AND GRANT ALL CONSEQUENTIAL RELIEFS; 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:27218 WP No. 3949 of 2025 ORAL ORDER 1. The petitioner has challenged the auction notice issued by respondent No.1 for committing default in re-payment of the loan to respondent No.2. 2. Learned AGA upon instructions, submits that, the petitioner is having an alternative and efficacious remedy under Sections 105 and 106 of the Karnataka Co-operative Societies Act, 1959. 3. On the ground that the petitioner is having an alternative and efficacious remedy and the action contemplated under the auction notice dated 06.12.2024 is frustrated, the writ petition stands dismissed reserving liberty to the petitioner to invoke the alternative remedy in accordance with law. 4. If the petitioner were to prefer an appeal, the appellate authority shall condone the delay equivalent to the time spent by the petitioner in pursuing the instant writ petition. Sd/- (M.I.ARUN) JUDGE VMB List No.: 1 Sl No.: 66