- 1 - HC-KAR NC: 2026:KHC:29654 WP No. 37860 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 37860 OF 2025 (CS-RES) BETWEEN: 1. SHIVAPRASAD S/O KUMARASWAMY AGED ABOUT 48 YEARS, RESIDENT OF D.NO. 1-18 JANGAMA MATTA, SORKALA POST PERNAL, PILAR VILLAGE, KAUP TALU UDUPI DISTRICT-574116. …PETITIONER (BY SMT.PREETHA.M., ADVOCATE FOR SRI. SANTOSHRAJ C DESHAMUKH.,ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF COOPERATION, VIKAS SOUDHA, DR AMBEDKAR VEEDHI, BENGALURU 560001. 2. ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETY RECOVERY OFFICER, KUNDAPURA SUB DIVISION, KUNDAPURA 576201. 3. AL-RIHA MULTIPURPOSE CO-OPERATIVE SOCIETY Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:29654 WP No. 37860 of 2025 LIMITED KAPU, KAPU TALUK, UDUPI DISTRICT 574106. …RESPONDENTS (BY SMT.SPOORTHI.V., HCGP FOR R1 AND R2; SRI.PURNACHANDRA.M.PURANIK., ADVOCATE FOR R3) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE IMPUGNED AUCTION NOTIFICATION BEARING DHAVA NO. 190/2019-20 AMALJAARI NO. 288/2021/22 ISUED BY THE ASSISTANT REGISTRAR CO-OPERATIVE SOCIETY DATED 06.11.2025 (ANNEXURE-A AND A1) IN SO FAR AS PETITIONER IS CONCERNED AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER The petitioner has challenged the recovery proceedings initiated against him by respondent No.2 for recovery of the loan advanced by respondent No.3- Society. The writ petition is filed with the following prayers: - 3 - HC-KAR NC: 2026:KHC:29654 WP No. 37860 of 2025 "(i) Issue writ of Certiorari or any other writ, order or direction Quashing the impugned auction notification bearing Dhava No.190/2019-2020 Amaljaari No 288/2021/22 issued by the Assistant Registrar Co- operative Society dated 06.11.2025 (Annexure-A) and A1 IN SO FAR AS PETITIONER IS CONCERNED. (ii) Grant six months time to the petitioner to repay the entire loan amount with accrued interest. (iii) Pass such other order/s as this Hon'ble Court deems fit to grant in the circumstances of the case and in the interest of justice and equity." 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 reasons, the Writ petition is hereby dismissed, reserving liberty to the petitioner to approach the Appellate Authority in the manner known to law. 4. It is hereby made clear that no opinion is expressed on the merits of the case and if an appeal were - 4 - HC-KAR NC: 2026:KHC:29654 WP No. 37860 of 2025 to be filed, the Appellate Authority shall decide the same in the manner known to law, without being influenced by any of the observations made herein above. 5. The petitioner shall also be entitled to the benefit of Section 14 of the Limitation Act, 1963, if any appeal were to be filed by him. Sd/- (M.I.ARUN) JUDGE CH List No.: 1 Sl No.: 33