- 1 - HC-KAR CNR: KAHC010388922025 NC: 2026:KHC:42217 WP No. 17424 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO.17424 OF 2025 (CS-RES) BETWEEN: 1. MRS. PREMA @ B. PREMA AGED ABOUT 54 YEARS, W/O B. RATHNAKARA SHERUGARA, RESIDING AT #17/1, NEAR P.U. COLLEGE VENOOR, DAKSHINA KANNADA DISTRICT-574 242. …PETITIONER (BY SRI. JITHIN JEIJO, ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION, VIDHANA SOUDHA, BANGALORE - 560001 REP. BY PRINCIPAL SECRETARY TO GOVERNMENT. 2. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, 1ST FLOOR, JANATHA BAZAR BUILDING, DAKSHINA KANNADA DISTRICT-575001. …RESPONDENTS Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010388922025 NC: 2026:KHC:42217 WP No. 17424 of 2025 (BY SRI. YOGESH D. NAIK, AGA., FOR R.1 AND R.2) THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 03.06.2025 PASSED BY THE RESPONDENT NO.2 IN ADHIBHARA APPLICATION NO.01/2025-26, PASSED BY THE RESPONDENT NO.2 VIDE ANNEXURE-A, SO FAR AS SCHEDULE PROPERTY IS CONCERNED, 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 ORAL ORDER 1. The property of the petitioner has been attached in proceedings instituted in respect of the affairs of Shri Ram Credit Co-operative Society Ltd. ('the Society' for short). It is attached on the premise that the petitioner has been a member as well as a Director of the Society. - 3 - HC-KAR CNR: KAHC010388922025 NC: 2026:KHC:42217 WP No. 17424 of 2025 2. The case of the petitioner is that she is neither a member nor a Director of the Society and the property could not have been attached. 3. This Court, on 19.06.2025, had passed the following interim order: "ORAL 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." 4. Learned counsel for the petitioner submits that the proceedings relating to the affairs of the Society are pending - 4 - HC-KAR CNR: KAHC010388922025 NC: 2026:KHC:42217 WP No. 17424 of 2025 before respondent no.2, and that the order under challenge has been passed in relation to the said pending proceedings. 5. Learned AGA for the respondents, upon instructions, submits that the petitioner may be directed to make an application before respondent no.2-Authority stating the same facts and it would be examined in accordance with law and appropriate orders will be passed. 6. Learned counsel for the petitioner is agreeable for the same. 7. For the aforementioned reasons, the writ petition is hereby disposed of with liberty to the petitioner to make necessary application before respondent no.2 in the proceedings, which is said to be pending in respect of the Society and if she is able to establish that she is neither a member nor a Director of the Society and was in no way involved in malfeasance and misfeasance of the affairs of the Society and that she is the owner of the property concerned, respondent no.2 shall release the same from attachment by passing appropriate orders in accordance with law. - 5 - HC-KAR CNR: KAHC010388922025 NC: 2026:KHC:42217 WP No. 17424 of 2025 8. Till an appropriate decision is taken by respondent no.2, the interim order dated 19.06.2025 passed by this Court shall continue to operate. Sd/- (M.I.ARUN) JUDGE hkh. List No.: 1 Sl No.: 51