- 1 - HC-KAR CNR: KAHC010446162026 NC: 2026:KHC:50391 WP No. 19912 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT PETITION NO. 19912 OF 2026 (GM-RES) BETWEEN: 1. SMT. PUNITHA MUNESHA W/O MUNESHA VENKAT AGED ABOUT 43 YEARS 2. SRI. MUNESHA VENKAT S/O GIDDAPPA VENKAT AGED ABOUT 45 YEARS 3. MS. TANISHKA DAUGHTER OF MUNESHA V. AGED ABOUT 25 YEARS 4. SRI. MAYUR ADITYA SON OF SRI. MUNESHA V. AGED ABOUT 19 YEARS PETITIONERS NO.1 TO 4 ARE RESIDING AT NO. 106, TANISHKA MANSION, MARATHAHALLI, ANAND NAGAR, MARATHAHALLI COLONY, BENGALURU NORTH, BENGALURU KARNATAKA-560 037. …PETITIONERS (BY SRI. ADESH GIRISH NASHI.,ADVOCATE) AND: 1. RECOVERY OFFICER OFFICE OF THE ASSISTANT REGISTRAR OF - 2 - HC-KAR CNR: KAHC010446162026 NC: 2026:KHC:50391 WP No. 19912 of 2026 CO-OPERATIVE SOCIETIES, DEPT. OF CO-OPERATIVES, GOVT. OF KARNATAKA. OFFICE AT NO. 68, 1ST FLOOR, MARGOSA ROAD, MALLESHWARAM, BENGALURU-560 055. 2. SHIVASHREE SOUHARDA PATTINA SAHAKARI SOCIETY LTD. REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER/SALE OFFICER, ‘SHIVASHREE’ 1ST FLOOR, 7TH CROSS, ASHOK NAGAR, TUMAKURU-572 103. 3. STATE OF KARNATAKA REPRESENTED BY THE SECRETARY DEPARTMENT OF CO-OPERATIVES VIDHANA SOUDHA, AMBEDKAR VEEDHI, BENGALURU-560 001. …RESPONDENTS (BY SRI. RAHUL CARIAPPA, AGA FOR R3, SRI. P.S. MALIPATIL, ADVOCATE FOR R2, R1 SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTIONO F INDIA PRAYING TO QUASH ANNX-A SALE NOTICE DATED 04/03/2026 ISSUED BY THE R1 RECOVERY OFFICER AND ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING ‘B’ GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE C.M. POONACHA - 3 - HC-KAR CNR: KAHC010446162026 NC: 2026:KHC:50391 WP No. 19912 of 2026 ORAL ORDER The present petition is filed seeking for the following reliefs; “a) Issue a writ of certiorari or any other order quashing Annexure-A bearing No. ಇ" ಸಂ%ೆ': ಕ.)ಾ.+ೌ.ಸಂ.ಸ.-/ಸ.ಸಂ.ಸ.-/ವ.ಅ/417/2023-24-Sale Notice dated 04.03.2026 issued by Respondent No.1 Recovery Officer. b) Issue a writ of Certiorari or any other order quashing Annexure J bearing No. ಸಂ%ೆ' ಕ.)ಾ.+ೌ.ಸಂ.ಸ-/ವ.ಅ/417/2023-24-Endorsement dated 29.06.2026 issue by Respondent No.2-Recovery Officer. c) Issue a Writ of Mandamus or any other order directing the Respondent NO.1 and 2 to conduct a scientific valuation of the Petition Schedule Property in accordance with law with due notice to the Petitioners. d) Pass any other order or direction necessary in the facts and circumstances of the case.” 2. The petitioner seeks to assail the auction conducted by the respondent No.2/Bank, contending inter- alia that no scientific valuation of the property in question, which is sought to be auctioned, has been conducted. Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA - 4 - HC-KAR CNR: KAHC010446162026 NC: 2026:KHC:50391 WP No. 19912 of 2026 3. It is forthcoming that the impugned auction notice dated 04.03.2026 (Annexure-A to the writ petition) has been issued consequent to recovery proceedings initiated by the respondent no.2/Bank under the provisions of the Karnataka Souharda Sahakari Act, 1997. The auction was proposed to be held on 02.07.2026. Admittedly, the date of auction has already elapsed. 4. It is submitted by the learned counsel for respondent No.2, that the property in question has not been auctioned on that date. 5. In view of the fact that the property in question has not been auctioned having regard to the interim order dated 01.07.2026 and the date of auction has already elapsed, the present writ petition is disposed of. 6. The petitioner is at liberty to furnish a valuation report conducted by it, to the respondent No.2/Bank. The respondent No.2/Bank is also permitted to carry out a Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA - 5 - HC-KAR CNR: KAHC010446162026 NC: 2026:KHC:50391 WP No. 19912 of 2026 scientific valuation of the property that it seeks to auction and conduct further proceedings in accordance with law. 7. The contention of the petitioners with regard to scientific valuation that is raised in the present petition is kept open, to be decided in appropriate proceedings. (C.M. POONACHA) JUDGE AKV List No.: 1 Sl No.: 39 Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA