Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:28552 WP No. 17407 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 17407 OF 2026 (CS-RES) BETWEEN:
THUKARAM D, S/O DURGAPPA, AGED ABOUT 47 YEARS, R/AT. SRIRAMPURA BADAVANE, NEAR BADRAKALI DEVASTANA, SAGARA, SHIVAMOGGA-577401 …PETITIONER (BY SMT KAVITHA N,ADVOCATE) AND:
1.
THE STATE OF KARNATAKA, DEPARTMENT OF CO-OPERATION SOCIETY, VIDHANA SOUDHA, DR.AMBEDKAR VEEDHI, BENGALURU - 560 001, REPRESENTED BY ITS SECRETARY.
2.
THE RECOVERY OFFICER, THE SHIMOGA DISTRICT CO-OPERATIVE CENTRAL BANK LTD.
P.B. NO. 62, BALRAJ URS ROAD, NEAR DISTRICT COURT, SHIVAMOGGA-577201.
3.
THE SHIMOGA DISTRICT CO-OPERATIVE CENTRAL BANK (REGD UNDER CO-OPERATIVE ACT) REP BY AUTHORIZED OFFICER S.P.M. ROAD, SAGAR - 577401. …RESPONDENTS (BY SRI YOGESH D NAIK, AGA FOR R1 & R2)
Digitally signed by V MANJUSHA BAI Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:28552 WP No. 17407 of 2026
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TOTO QUASH THE AUCTION NOTICES DATED 05/05/2026 ISSUED BY THE RECOVERY OFFICER, SHIMOGGA DCC BANK IN CASE NO 29/2025-26 AND E P NO.01/2026-27, AT ANNEXURE-A AND ALL OTHER FURTHER PROCEEDINGS PURSUANT THERETO.
THIS PETITION, COMING ON FOR PRELIMINARY , HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE M.I.ARUN
ORAL ORDER Learned Additional Government Advocate accepts notice for respondents No.1 and 2.
2. Petitioner has challenged the auction notice dated 05.05.2026 seeking to auction a property on the ground that there was a default committed in respect of a loan borrowed from respondent No.3-Society.
3. It is seen that the petitioner has an alterative and efficacious remedy under Sections 105 and 106 of the Karnataka Co-operative Societies Act, 1959.
4. For the aforementioned reasons, the writ petition is hereby dismissed, reserving liberty to the
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HC-KAR NC: 2026:KHC:28552 WP No. 17407 of 2026
petitioner to approach the appropriate authority in accordance with law.
Sd/- (M.I.ARUN) JUDGE
CHS List No.: 1 Sl No.: 6