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2026 DAILYLAW 42664 (KAR)

SRI. RATNAKAR v. STATE OF KARNATAKA

WP/213/2026 · 2026-09-22

Jyoti M

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR CNR: KAHC010004912026 NC: 2026:KHC:52266 WP No. 213 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MS. JUSTICE JYOTI M WRIT PETITION NO. 213 OF 2026 (CS-RES) BETWEEN: 1. SRI. RATNAKAR S/O SIDDA NAIK AGED ABOUT 40 YEARS R/AT BARADAKALLU NADOOR VILLAGE AND POST BRAMHAVARA TALUK UDUPI - 576 223. 2. SRI SANTOSH G KULAL S/O BABU KULAL AGED ABOUT 44 YEARS RESIDING AT MARIGUDI ROAD KALURU VILLAGE, HOSANAGAR POST SHIMOGA-577 744. …PETITIONERS (BY SRI. AJITH A SHETTY., ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION M.S BUILDING DR AMBEDKAR VEEDHI BENGALURU-560 001 BY ITS PRINCIPAL SECRETARY. 2. REGISTRAR OF CO-OPERATIVE SOCIETIES NO. 1, ALI ASKER ROAD, VASANTH NAGAR, Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010004912026 NC: 2026:KHC:52266 WP No. 213 of 2026 BENGALURU, KARNATAKA - 560 052. 3. DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES UDUPI GANESH KRIPA BUILDING, 2ND FLOOR, UDUPI-576 101. 4. ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES/RECOVERY OFFICER KUNDAPURA SUB-DIVISION JMJQ+RRS, KUNDAPURA, KARNATAKA - 576 201. 5. MANDARTHI CO-OPERATIVE SOCIETY(R) A SOCIETY REGISTERED UNDER THE CO-OPERATIVE SOCIETIES ACT MANDARTHI BRAMHAVARA TALUK UDUPI DISTRICT -576 223 BY SECRETARY. …RESPONDENTS (BY SRI. YOGESH D. NAIK, AGA FOR R1 TO R4; SRI. MAHESH R. UPPIN., ADVOCATE FOR R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, AN ORDER IS MADE AS UNDER: - 3 - HC-KAR CNR: KAHC010004912026 NC: 2026:KHC:52266 WP No. 213 of 2026 ORAL ORDER Though matter called twice, there is no representation on behalf of the petitioners. A perusal of the daily order sheet reflect that the petition was listed on 30.07.2026. On that day, at request on behalf of the counsel for the petitioner, the matter was ordered to be listed today. Accordingly, the petition is listed today i.e., 22.09.2026. As aforementioned, when the matter is called, there is no representation on behalf of the petitioner. Hence, this Court proceeds to pass orders on the merits of the case. Sri.Yogesh D. Naik, Additional Government Advocate for respondent Nos.1 to 4 and Sri.Mahesh R., counsel for respondent No5. appeared in person. 2. The petition is filed to quash the certificate dated:02.06.2023 vide Annexure-N and the order dated:14.11.2025 vide Annexure-P on several grounds as setout in the memorandum of writ petition. - 4 - HC-KAR CNR: KAHC010004912026 NC: 2026:KHC:52266 WP No. 213 of 2026 3. Counsel appearing for the respective parties urged several contentions. Heard the arguments and perused the papers with utmost care. 4. A perusal of the records reveals that the ARCS passed the award on 22.06.2022. The said award is produced at Annexure-L, wherein the petitioners are arrayed as respondent Nos.4 and 5. Admittedly, the petitioners have not challenged the said award before the competent forum within the prescribed period. Subsequent to the passing of the award, the ARCS issued a certificate enabling the award-holder to initiate execution proceedings and, accordingly, execution proceedings were initiated in E.P.No.11/2024. Having failed to challenge the award within the prescribed time, the petitioners cannot now call in question either the issuance of the certificate or the initiation of execution proceedings by respondent No.5. In view of the above, the writ petition is devoid of merit and is accordingly dismissed. - 5 - HC-KAR CNR: KAHC010004912026 NC: 2026:KHC:52266 WP No. 213 of 2026 Because of dismissal of the Writ Petition, interim order granted if any stands discharged and pending interlocutory applications if any are disposed of. Sd/- (JYOTI M) JUDGE SS List No.: 1 Sl No.: 63