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2026 DAILYLAW 24872 (KAR)

SMT K NANJAMMA v. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES

WP/26486/2024 · 2026-06-25

M I Arun

Public Interest Litigationbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:31829 WP No. 26486 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 26486 OF 2024 (CS-RES) BETWEEN: 1. SMT. K. NANJAMMA W/O LATE P. THYAGARAJ AGED ABOUT 69 YEARS RESIDENT OF NO.33/17 1ST MAIN ROAD NEAR J.P.PARK MOHANKUMAR NAGAR YESHWANTHPURA BENGALURU-560 022. …PETITIONER (BY SRI. RAJU C., ADVOCATE) AND: 1. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (URBAN BANKS DIVISION) RANGE-1, SAHAKAR SOUDHA NO.146, 1ST FLOOR, 3RD MAIN ROAD 8TH CROSS ROAD, MARGOSA ROAD MALLESHWARA, BENGALURU-560 003. 2. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES CUM RECOVERY OFFICER RANGE-1, SAHAKAR SOUDHA NO.146, 1ST FLOOR, 3RD MAIN ROAD Digitally signed by V MANJUSHA BAI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:31829 WP No. 26486 of 2024 8TH CROSS, MARGOSA ROAD MALLESHWARA, BENGALURU-560003. 3. MAHALAKSHMIPURA SRI.VASAVI CREDIT CO-OPERATIVE SOCIETY LIMITED NO.18, 11TH CROSS ROAD MAHALAKSHMI BADAVANE BENGALURU-560 086 REPRESENTED BY ITS BRANCH MANAGER. (A SOCIETY REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT) 4. SMT. T.LATHA W/O LATE BHASKAR AGED ABOUT 50 YEARS R/O RESIDENT OF NO.33/17 1ST MAIN ROAD, NEAR J.P.PARK MOHANKUMAR NAGAR YESHWANTHAPURA BENGALURU-560 022. 5. SMT. T.GIRIJA W/O LATE VENU AGED ABOUT 48 YEARS RESIDENT OF NO.02 6TH CROSS ROAD PILLAIAH REDDY LAYOUT MURUGESHPALYA BENGALURU-560 017. …RESPONDENTS (BY SMT. SPOORTHI V., HCGP FOR R1 & R2; SRI. CHIDANANDA MURTHY M., ADVOCATE FOR R3; R4 - SERVED AND UNREPRESENTED) - 3 - HC-KAR NC: 2026:KHC:31829 WP No. 26486 of 2024 THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE DEMAND NOTICE (DISTRAINT WARRANT) ISSUED IN C.E.P.NO.AR1-44.CEP/26/2024-25, DISPUTE NO.UBC- 3/DIS/1190/2022-23 BY RESPONDENT NO.2 DATED 13.08.2024 VIDE ANNEXURE-F AND ETC. THIS PETITION COMING ON FOR ORDERS THROUGH PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER 1. The petitioner in the instant writ petition is challenging the recovery proceedings initiated at the behest of respondent no.3. 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. However, on 25.09.2024 this Court had passed the following interim order: "Learned AGA is directed to accept notice for respondent Nos.1 and 2. - 4 - HC-KAR NC: 2026:KHC:31829 WP No. 26486 of 2024 Copies to be served. Issue emergent notice to respondent Nos.3, 4 and 5 returnable by 30.10.2024. In the meanwhile, all further proceedings pursuant to the impugned demand notice at Annexure – F issued by 2nd respondent is hereby stayed till the next date of hearing subject to the petitioner depositing Rs.10 lakhs with the concerned respondent on or before 29.10.2024. Liberty is reserved in favour of respondents to seek vacation / modification of this order." 4. As the petitioner is having an alternative and efficacious remedy, the writ petition is liable to be dismissed. Hence, the following: ORDER (i) The writ petition is hereby dismissed reserving the liberty to the petitioner to approach the appropriate appellate authority in the manner known to law; (ii) If the petitioner prefers an appeal, she will be entitled to the benefit of Section 14 of the Limitation Act, 1963; - 5 - HC-KAR NC: 2026:KHC:31829 WP No. 26486 of 2024 (iii) The interim order passed by this Court on 25.09.2024 will continue for a further period of four weeks from today; (iv) It is hereby made clear that no opinion is expressed on the merits of the case and it is for the appellate authority to decide the matter in accordance with law; (v) Registry is directed to return back the original/certified copy of the documents to the petitioner after retaining the photocopies of the same. SD/- (M.I.ARUN) JUDGE PGG List No.: 1 Sl No.: 13