PADUPANAMBUR CO-OPERATIVE AGRICULTURAL v. THE RECOVERY OFFICER AND ASSISTANT
WP/7190/2026 · 2026-03-17
E S Indiresh
Public Interest Litigationbody2026
DailyLaw.ai
[ 2026 DAILYLAW 4485 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 4485 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:15583 WP NO.7190 OF 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S. INDIRESH WRIT PETITION NO.7190 OF 2026 (CS-RES) BETWEEN:
PADUPANAMBUR CO-OPERATIVE AGRICULTURAL SOCIETY LIMITED A CO-OPERATIVE SOCIETY REGD. UNDER THE KARNATAKA CO-OPERATIVE SOCIETIES ACT, HAVING ITS REGISTERED OFFICE AT:
HALEYANGADY, MULKI, DAKSHINA KANNADA - 574 146.
REP. BY ITS CHIEF EXECUTIVE OFFICER SRI. HIMAKAR S/O THIMAYYA SUVARNA. &PETITIONER (BY SRI. ASHWIN JOYSTON KUTINHA, ADVOCATE) AND:
1.
THE RECOVERY OFFICER AND ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES MANGALURU SUB-DIVISION, MANGALURU - 575 001.
2.
MR. SUDHAKAR S. GUJARAN S/O SANJIVA GUJARAN, AGE: MAJOR R/AT D.NO.1-59 A, KAMBLABETTU, THOKUR, HALEYANGADI POST, DAKSHINA KANNADA - 574 146.
3.
PEETE COACH BUILDERS PVT. LTD.
A PRIVATE LIMITED COMPANY REGD. UNDER THE COMPANIES ACT, 2013, HAVING ITS REGISTERED OFFICE AT:
Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:15583 WP NO.7190 OF 2026
COIMBATORE ROAD, ANDANKOLI EAST, KARUR, TAMIL NADU - 639 008.
4.
AML MOTORS PVT. LTD.
HAVING OFFICE AT: NO.125/1-18, G.K. ARCADE, 1ST FLOOR, ASHOK PILLAR ROAD, BENGALURU - 560 011. &RESPONDENTS (BY SRI. YOGESH D. NAIK, AGA FOR R1)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRYAING TO QUASH THE ENDORSEMENT DATED 30TH JUNE, 2025 ISSUED BY THE RESPONDENT NO.1 IN DISPUTE NO.166/2024-25 VIDE ANNEXURE-A AND CONSEQUENTLY DIRECT THE RESPONDENT NO.1 TO SEIZE THE ASHOK LEYLAND BUS VEHICLE BEARING NO.LS1510.3T6-5200 FROM THE PREMISES OF THE RESPONDENT NO.3 WITH POLICE AID IN PURSUANCE OF THE APPLICATION FILED UNDER SECTION 151 OF THE CIVIL PROCEDURE CODE DATED 27TH MARCH, 2025 VIDE ANNEXURE- J; AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE E.S. INDIRESH ORAL ORDER
Sri. Yogesh D. Naik, learned Additional Government Advocate accepts notice for respondent No.1.
2. In this petition, the petitioner is challenging the Endorsement dated 30th June, 2025 (Annexure-A) issued by the respondent No.1 in Dispute No.166/2024-25; inter alia sought for direction to the respondent No.1 to seize the Ashok Leyland
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HC-KAR NC: 2026:KHC:15583 WP NO.7190 OF 2026
Bus bearing No.LS1510.3T6-5200 from the premises of the respondent No.3 with Police aid in pursuance of the application dated 29th March, 2025 (Annexure-J) filed under Section 151 of the Code of Civil Procedure.
3. Heard Sri. Ashwin Joyston Kutinha, learned counsel appearing for the petitioner and Sri. Yogesh D. Naik, learned Additional Government Advocate appearing for the respondent No.1.
4. Having taken note of the submission made by leaned counsel appearing for the parties, as the respondent No.3 is situate at Karur in Tamil Nadu State, I am of the view that the respondent No.1 herein has no jurisdiction to pass an
order to seize the vehicle in question from the premises of the respondent No.3 with a Police aid. In that view of the matter, no interference be called for in this petition. Accordingly, writ petition is dismissed.
SD/- (E.S.INDIRESH) JUDGE ARK List No.: 1 Sl No.: 16