- 1 - HC-KAR NC: 2026:KHC:31017 WP No. 17789 of 2026 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. 17789 OF 2026 (CS-RES) BETWEEN: 1. AJAY RAJASEKHAR S/O LATE G.S. RAJASEKHAR AGED 52 YEARS APT. C2-305, VAISHNAVI NORTH 24 RANNA ROAD, HEBBALA KEMPAPURA, BENGALURU KARNATAKA-560 024. …PETITIONER (BY SRI. CHANDRAIAH, ADVOCATE) AND: 1. LOAN RECOVERY OFFICER (N-441) CUM ASSISTANT REGISTRARS OF CO-OPERATIVE SOCIETIES DEPUTY REGISTRAR OF COOPERATIVE SOCIETIES NO.68, 1ST FLOOR 17TH AND 18TH CROSS ROAD MARGOSA ROAD, MALLESHWARAM BENGALURU-560 003 HARISH KUMAR B.V. 2. SHIVASHRI SOUHARDA PATTHINA SAHAKARI SANGHA NIYAMITHA 7TH CROSS ROAD, 8TH CROSS Digitally signed by V MANJUSHA BAI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:31017 WP No. 17789 of 2026 UNIVERCITY COLLEGE ASHOKA NAGAR TUMKUR-572 103. REPRESENTED BY THE AUTHORIZED OFFICER / BRANCH MANAGER. REGISTERED UNDER THE KARNATAKA SOUHARDA SAHKARI ACT, 1997 3. B.N. KARUNAKAR S/O LATE B.S.NIRANJAN AGED 62 YEARS 4. DR. B.N. KUMARA SWAMY S/O LATE B.S.NIRANJAN AGED 62 YEARS RESPONDENT NOS.3 AND 4 ARE R/AT 15TH CROSS, S.S.PURAM THUMAKURU-572 102. …RESPONDENTS (BY SRI. YOGESH D.NAIK, AGA FOR R1; NOTICE TO RESPONDENT NOS.2 TO 4 IS DISPENSED WITH) THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH/SET ASIDE THE ENDORSEMENT DATED 23-03-2026 IN NO.K.R. S.S.S. N/S.S.S.N. V.A/109/2025-26, ISSUED BY RESPONDENT NO.1 I.E. ANNEXURE-A TO THE EXTENT OF PETITIONER'S PROPERTY AND ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:31017 WP No. 17789 of 2026 CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER 1. The petitioner has challenged the public auction notice issued by respondent no.1 bringing the property which is the subject matter of writ petition to sale in respect of recovery proceedings initiated to recover a loan advanced by respondent no.2-Society. 2. The case of the petitioner is that, he purchased the property in the year 2003 itself and that he has not borrowed any loan from respondent no.2 nor has he mortgaged the property concerned. 3. Learned AGA upon instructions, submits that the property was mortgaged prior to the purchase by the petitioner and for that reason it is put up for sale. 4. The lis involves a disputed question on facts which this Court cannot adjudicate in exercise of its powers under Article 226 of the Constitution of India. - 4 - HC-KAR NC: 2026:KHC:31017 WP No. 17789 of 2026 5. If the petitioner had purchased the property before it was mortgaged in favour of respondent no.2, then in that event, petitioner by approaching the appropriate forum in the manner known to law, can always have the auction initiated by respondents against the property set aside. Further it is needless to state that when a sale takes place, the purchaser gets the right only what the vendor had in respect to the property concerned and not more than that. 6. As the petitioner is having an alternative and efficacious remedy, the writ petition is hereby dismissed reserving the liberty to the petitioner to approach the appropriate forum in accordance with law. Sd/- (M.I.ARUN) JUDGE PGG List No.: 1 Sl No.: 4