- 1 - HC-KAR NC: 2026:KHC:22144 WP NO.12529 OF 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S. INDIRESH WRIT PETITION NO.12529 OF 2026 (CS-RES) BETWEEN: 1. MR. ABDUL MAJEED S/O LATE HASANABBA EDMA, AGED ABOUT 45 YEARS, R/AT NO.1-405/1A, IDMA HOUSE, NEAR ADDOOR GOVT. SCHOOL, ADDOOR VILLAGE AND POST, MANGALURU TALUK, DAKSHINA KANNADA DISTRICT - 574 145. 2. MR. SABEER ISMAIL S/O LATE HASANABBA EDMA, AGED ABOUT 50 YEARS, R/AT NO.1-405/1, IDMA HOUSE, BEHIND GOVT. SCHOOL, ADDOOR, MANGALURU - 574 145. …PETITIONERS (BY SRI. VIOLA RODRIGUES, ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION, VIDHANA SOUDHA, BENGALURU - 560 001. REP. BY ITS PRINCIPAL SECRETARY. 2. REGISTRAR SOCIETIES OF CO-OPERATIVE SOCIETIES NO.1, ALI ASKER ROAD, VASANT NAGAR, BENGALURU - 560 052. Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:22144 WP NO.12529 OF 2026 3. ASSISTANT REGISTRAR OF CO-SOCIETIES AND RECOVERY OFFICER OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, GROUND FLOOR, SCDCC BANK BUILDING, K.S. RAO ROAD, KODIALBAIL, MANGALURU - 575 003. 4. GURUPURA VYAVASAYA SEVA SAHAKARI SANGHA HAVING ITS OFFICE AT: YASHASVI SAHAKARA SANGHA, MULOOR VILLAGE, GURUPURA POST, MANGALURU TALUK - 574 145. REP. BY THE CHIEF EXECUTIVE OFFICER. 5. MRS. NEBISAMMA W/O SHEKABBA AGED ABOUT 64 YEARS, R/AT 1-401, KOTIPAL HOUSE, NEAR GOVT. SCHOOL, ADDOOR VILLAGE MANGALURU - 574 145. …RESPONDENTS (BY SRI. YOGESH D. NAIK, AGA FOR R1 TO R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE PUBLIC AUCTION NOTICE ISSUED IN PROCEEDINGS BEARING C.E.P. NO.116/2025-26 BY THE RESPONDENT NO.3 NOTIFIED VIDE PAPER PUBLICATION DATED 19TH MARCH, 2026 IN THE KANNADA DAILY NEWSPAPER 'UDAYAVANI' VIDE ANNEXURE-A; 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 respondents 1 to 3. - 3 - HC-KAR NC: 2026:KHC:22144 WP NO.12529 OF 2026 2. In this petition, the petitioner is challenging the Public Auction Notice issued in proceedings bearing C.E.P.No.116/2025-26 by the respondent No.3 notified vide paper publication dated 19th March, 2026 (Annexure-A) in Udayavani Kannada Daily Newspaper. 3. Heard Sri. Viola Rodrigues, learned counsel appearing for the petitioner and Sri. Yogesh D. Naik, learned Additional Government Advocate appearing for respondents 1 to 3. 4. Learned counsel appearing for petitioners contended that the petitioners have purchased the property in question under the registered Sale Deed dated 20th October, 2018 (Annexure-B) from the respondent No.5 and they are in possession of the same. It is argued by learned counsel appearing for petitioners that the respondent No.5 herein availed loan from the respondent No.4-Society and the petitioners are not aware of the same while purchasing the property in question. Therefore, learned counsel sought for interference of this Court. - 4 - HC-KAR NC: 2026:KHC:22144 WP NO.12529 OF 2026 5. Per contra, Sri. Yogesh D. Naik, learned Additional Government Advocate appearing for respondents 1 to 3 submitted that the petitioners have not challenged the original order/award passed by the competent authority in respect of respondent No.4 and 5. Accordingly, he sought for dismissal of the petition. 6. In the light of submission made by learned counsel appearing for the parties, it is not in dispute that the recovery proceedings have been initiated by the respondent No.4- Society against the respondent No.5. In that view of the matter, as the original order/award is passed by the competent authority before issuance of impugned Public Auction Notice, I am of the view that, no interference be called for in this petition. Therefore, it is open for the petitioners to challenge the original order/award passed by the competent authority in an appropriate proceedings, if so advised. Accordingly, writ petition is dismissed. SD/- (E.S.INDIRESH) JUDGE ARK List No.: 2 Sl No.: 15