- 1 - HC-KAR NC: 2026:KHC:33566 WP No. 17623 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO.17623 OF 2025 (CS-RES) BETWEEN: 1. MRS. BHARATI J W/O P. JAGANNATH AGED ABOUT 68 YEARS R/AT 168, SHREE RATHNA, HUNSEKATTE, BELTHANGADI, BELTHANGADY TALUK DAKSHINA KANNADA DISTRICT-574 214. …PETITIONER (BY SRI. MIHIR RAO B.K., ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF COOPERATION M.S. BUILDING BENGALURU-560 001 REPRESENTED BY IT'S PRINCIPAL SECRETARY. 2. DEPUTY REGISTRAR COOPERATIVE SOCIETIES JANATA BAZAR COMPLEX 1ST FLOOR, GANAPATI HIGH SCHOOL ROAD MANGALORE-575 001. Digitally signed by V MANJUSHA BAI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:33566 WP No. 17623 of 2025 3. SHRI RAM CREDIT COOPERATIVE SOCIETY LIMITED COOPERATIVE SOCIETY REGISTERED UNDER KARNATAKA COOPERATIVE SOCIETIES ACT, 1959 RAMANAGARA, BELTHANGADY KASABA BELTHANGADY TALUK DAKSHINA KANNADA DISTRICT-574 214 REPRESENTED BY IT'S CHIEF EXECUTIVE OFFICER. …RESPONDENTS (BY SRI. YOGESH D. NAIK, AGA., FOR R.1 AND R.2; SMT. ARCHANA MURTHY P., ADVOCATE FOR R.3.) THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE NOTICE OF ATTACHMENT BEFORE AWARD DATED 03.06.2025 AGAINST THE PETITIONER'S SCHEDULE PROPERTY (ANNEXURE-A) PASSED BY THE RESPONDENT NO.2 IN ADHIBARA ARJI NO.01/2025-26, ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN - 3 - HC-KAR NC: 2026:KHC:33566 WP No. 17623 of 2025 ORAL ORDER 1. While proceeding against the husband of the petitioner, the property which is the subject matter of the writ petition has been attached by way of the impugned order. Aggrieved by the same, the present writ petition is filed. 2. The case of the petitioner is that her husband has got nothing to do with the property, as it is her self acquired property and therefore in the proceedings initiated against her husband, the said property cannot be attached or sold. 3. The averment of the petitioner is disputed by the respondents. 4. Admittedly, the lis involves disputed question of fact, which this Court cannot decide in exercise of its power under Articles 226 and 227 of the Constitution of India. Further, an alternative and efficacious remedy under Sections 105 and 106 of the Karnataka Co-operative - 4 - HC-KAR NC: 2026:KHC:33566 WP No. 17623 of 2025 Societies Act, 1959 is also provided for. The petitioner has to file an appeal or file an original suit, as the case may be, if she is aggrieved by the action of the respondents. 5. However, on 19.06.2025, this Court passed the following interim order:- "Heard the learned counsel for the petitioner. The short point that needs consideration is as to whether the authority exercising power under Section 103 of the Karnataka Co-operative Societies Act, 1959, can pass an order for attachment before passing an award against the properties held by the petitioner/wife. The petitioner asserts that the property sought to be attached before passing an award, is her self acquired property. The matter requires consideration. Accordingly, Annexure-A is stayed till the next date of hearing. The respondents are reserved with liberty to seek vacation of interim order. Learned AGA accepts notice for respondent Nos.1 and 2. Issue emergent notice to respondent No.3." - 5 - HC-KAR NC: 2026:KHC:33566 WP No. 17623 of 2025 6. As the petitioner is having an alternative and efficacious remedy, the writ petition cannot be entertained. Hence the following:- ORDER i. The writ petition stands dismissed reserving liberty to the petitioner to approach the appropriate authority in the manner known to law. However, the interim order granted on 19.06.2025 shall continue to be in force for a further period of four weeks from today. ii. If the petitioner were to prefer an appeal before the appropriate Authority, the petitioner shall be entitled to the benefit of Section 14 of the Limitation Act, 1963. iii. The Registry is directed to return the original documents /certified copies produced by - 6 - HC-KAR NC: 2026:KHC:33566 WP No. 17623 of 2025 the petitioner at the time of filing of the petition and upon due verification. Sd/- (M.I.ARUN) JUDGE VMB List No.: 1 Sl No.: 63