- 1 - HC-KAR NC: 2026:KHC:31015 WP No. 20744 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 20744 OF 2022 (CS-RES) BETWEEN: 1. MR. VISHWANAT BANGERA S/O MR.BHASKAR POOJARY AGED ABOUT 54 YEARS MEMBERSHIP NO.5612 RASHMITHA, NEAR WATER TANK GANDHINAGAR CROSS BADUGULI PADI GANJIMATTA-574 145 MANGALURU TALUK. …PETITIONER (BY SRI. K. SHASHIKANTH PRASAD, ADVOCATE [ABSENT]) AND: 1. THE STATE OF KARNATAKA DEPARTMENTOF CO-OPERATIVE SOCIETY ALI ASKER ROAD, BENGALURU-560 001. REPRESENTED BY REGISTRAR OF CO-OPERATIVE SOICIETY. 2. THE RECOVERY OFFICER (Ni-441) AND REGISTRAR OF CO-OPERATIVE BANK (K.S.S.S.NI.) NIRMAN BHAVAN DR. RAJKUMAR ROAD, 1ST BLOCK RAJAJI NAGAR, BENGALURU-575 010. Digitally signed by V MANJUSHA BAI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:31015 WP No. 20744 of 2022 3. ODIYOORU SRI VIVIDHODDESHA SOUHARDHA SAHAKARI NI. REP BY BRANCH MANAGER PUMPWELL BRANCH MANGALURU 575 001. 4. MR.DHEERAJ SHETTY S/O MR.YADAHVA SHETTY MEMBERSHIP NO.5614 AGED ABOUT 35 YEARS DOOR NO.1-28, PANDITH HOUSE PRAKASH NAGAR SOMESHWAR VILLAGE POST: KOTEKAR-575 022 MANGALURU TALUK. 5. MR. ABU SAMEER S/O MR. B.A.HAMEED MEMBERSHIP NO.5613 D.NO.1-337B(1), PERNAPADI PAJEER, KONJE-574 199 MANGALURU TALUK. …RESPONDENTS (BY SMT. SPOORTHI V., HCGP FOR R1; SRI. A.DEVARAJA, ADVOCATE FOR R3; R3 - SERVED & UNREPRESENTED) THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE AUCTION NOTICE DATED 12.05.2022 IN E.P.NO.Ka.Ra.Sow.Sum.S.Ni.Va.A/1114/2021-22-652/2020-21 FOR AUCTION TO BE HELD ON 02.11.2022 [ANNEXURES-A AND B] AND ETC. THIS PETITION COMING ON FOR ORDERS, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:31015 WP No. 20744 of 2022 CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER 1. The writ petition pertains to the recovery proceedings initiated under the provision of the Karnataka Souharda Sahakari Act, 1997. 2. It is seen that the petitioner is having an alternative and efficacious remedy under Section 46 of the Karnataka Souharda Sahakari Act, 1997. 3. However, this Court has passed an interim order 18.10.2022, which reads as under: "Learned Additional Government Advocate accepts notice for respondent No.1. Issue emergent notice to respondents 2 to 5. Further proceedings pursuant to Auction Notice dated 12.05.2022 vide Annexures 'A' and 'B' is stayed, subject to the petitioner herein depositing 50% of Rs.19,13,317/- with the respondent No.3 within six weeks from today." 4. Hence the following: - 4 - HC-KAR NC: 2026:KHC:31015 WP No. 20744 of 2022 ORDER (i) The writ petition is hereby dismissed reserving the liberty to the petitioner to approach the appellate authority in the manner known to law; (ii) The petitioner shall be entitled to the benefit of Section 14 of the Limitation Act, 1963, if he were to file an appeal; (iii) The interim order granted by this Court on 18.10.2022 shall stand extended 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 concerned to decide the matter in accordance with law. SD/- (M.I.ARUN) JUDGE PGG List No.: 1 Sl No.: 14