- 1 - HC-KAR NC: 2026:KHC:18133 WP No. 5962 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.5962 OF 2023 (CS-RES) BETWEEN: 1. SMT. SMITHA W/O SRI. R.S.R. VIJAYA KARTHIK AGED ABOUT 32 YEARS R/A NO.144/145, VALLABA NILAA 2ND CROSS, BASAVESHWARA LAYOUT NEAR SUBBANNA GARDEN VIJAYANAGARA BENGALURU-560040. &PETITIONER (BY SRI. JAI PRAKASH REDDY M., ADVOCATE) AND: 1. BANGALORE, BANGALORE RURAL AND RAMANAGARA DISTRICT CENTRAL CO-OPERATIVE BANK LTD NO.6, 5TH MAIN CHAMARAJPETE BENGALURU - 560018 BY ITS CHIEF EXECUTIVE OFFICER. 2. NAVAKARNATAKA CREDIT CO-OPERATIVE SOCIETY LTD. NO.31/2, 1ST MAIN ROAD, 5TH CROSS MARUTHIBADAVANE SRIRAMPURAM BENGALURU - 560021 BY ITS SECRETARY. Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:18133 WP No. 5962 of 2023 3. KONARK CREDIT CO-OPERATIVE SOCIETY LTD NO.56, SUBBARAMACHETTY ROAD NATKALAPPA CIRCLE, BASAVANAGUDI BENGALURU - 560 004 BY ITS SECRETARY. 4. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES BENGALURU REGION GMC BANKING BUILDING ANNEXE PAMPAMAHAKAVI ROAD CHAMARAJPETE BENGALURU PRESENTLY AT SAHAKARA SOUDHA MALLESHWARAM BENGALURU - 560003. &RESPONDENTS (BY SRI. SATHVIK, ADVOCATE FOR SRI. S. SARAVANA, ADVOCATE FOR R1; SRI. YOGESH D. NAIK, AGA FOR R4; R2 AND R3 ARE SERVED AND UNREPRESENTED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 16.12.2022 IN APPEAL NO.98/2020 VIDE ANNEXURE-G PASSED BY KARNATAKA APPELLATE TRIBUNAL; QUASH THE ORDER DATED 10.03.2014 IN DISPUTE NO.JRB/DIS/498/1996-97 VIDE ANNEXURE-E PASSED BY RESPONDENT NO.4. - 3 - HC-KAR NC: 2026:KHC:18133 WP No. 5962 of 2023 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER 1. In this Writ Petition, petitioner is assailing the Order dated 16.12.2022 in Appeal No.98/2020 (Annexure-G) passed by the Karnataka Appellate Tribunal and the Order dated 10.03.2014 in Dispute NO.JRB/DIS/498/1996- 97(Annexure-E) passed by respondent No.4. 2. Heard learned counsel appearing for the parties. 3. Sri. Jai Prakash Reddy M., learned counsel appearing for the petitioner, contended that the petitioner is not a Member of the respondent No.1 - Bank or respondent Nos.2 & 3 - Society and the father of the petitioner has purchased the schedule land as mentioned in para 2 of the Writ Petition and same was gifted in favour of the petitioner as per the gift deed(Annexure-A) dated 18.06.2011. Father of the petitioner was Member of the Adhoc Managing Committee by resolution dated 04.05.1995 has sanctioned and released the loan to - 4 - HC-KAR NC: 2026:KHC:18133 WP No. 5962 of 2023 respondent Nos.2 and 3 - Societies which has fallen due to the respondent No.1- Bank. Therefore, it is contended by the learned counsel appearing for the petitioner that the respondent - authorities have no locus standi to array the petitioner herein as a party before the proceedings under Section 70 of the Karnataka Co-operative Societies Act, 1959. However the contentions raised by the petitioner were negated by the respondent No.4 and thereafter the Karnataka Appellate Tribunal has committed an error in passing the impugned order at Annexure-G and therefore, sought for interference of this Court. 4. Per contra, learned counsel appearing for the respondent No.1 sought to justify the impugned order. 5. In the light of the submissions made by the learned counsel appearing for the parties, since the petitioner is not a Member of the respondent No.1 - Bank or the respondent Nos.2 & 3 - Societies, and since the petitioner has not availed any loan from the respondents - Bank or Societies, I am of the view that, the petitioner herein cannot be considered as the person who has committed breach of trust with either the Bank or the - 5 - HC-KAR NC: 2026:KHC:18133 WP No. 5962 of 2023 Societies. In that view of the matter, I find force in the submission made by the learned counsel appearing for the petitioner. Accordingly, I pass the following: ORDER (i) The Writ Petition is allowed. (ii) The Order dated 16.12.2022 in Appeal No.98/2020 (Annexure-G) passed by the Karnataka Appellate Tribunal in so far as the petitioner herein is concerned, is accordingly, set aside. (iii) The Order dated 10.03.2014 in Dispute NO.JRB/DIS/498/1996-97(Annexure-E) passed by respondent No.4 in so far as the property of the petitioner herein is concerned, is accordingly, set aside. (iv) Pending I.As. if any, do not survive for consideration. SD/- (E.S.INDIRESH) JUDGE sac List No.: 1 Sl No.: 8