- 1 - HC-KAR NC: 2026:KHC:7638 WP No. 20643 of 2018 C/W WP No. 12544 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 20643 OF 2018 (CS-RES) C/W WRIT PETITION NO. 12544 OF 2021 (CS-RES) IN WP No. 20643/2018 BETWEEN: SAMEERA S W/O TANVEER PASHA, AGED ABOUT 29 YEARS R/AT NO.21/8, 9TH B MAIN, 4TH CROSS, BTM 1ST STAGE, MOSQUE ROAD, BENGALURU-560 029. …PETITIONER (BY SRI. DEVI PRASAD SHETTY., ADVOCATE) AND: 1. JOINT REGISTRAR OF COOPERATIVE SOCIETIES NO.441 NOW SITUATED AT ALI ASKER ROAD, BENGALURU-560 032. 2. THE ASSISTANT REGISTRAR OF CO OPERATIVE SOCIETIES AND RECOVERY OFFICER, ATTACHED TO THE OFFICE OF THE AMANATH CO OPERATIVE BANK LTD. AMANATH HOUSE NO.43, HOSPITAL ROAD, SHIVAJINAGAR, Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:7638 WP No. 20643 of 2018 C/W WP No. 12544 of 2021 BANGALORE-560 051. 3. AMANATH CO OPERATIVE BANK LTD NO.43, HOSPITAL ROAD, SHIVAJINAGAR, BANGALORE-1 BY ITS GENERAL MANAGER. 4. A. SAFIULLA, S/O LATE ABDUL WAHAB, AGED ABOUT 59 YEARS R/AT NO.53/1, MUNISWAMAPPA ROAD, JC NAGAR BANGALORE-560 006. 5. MOHAMMED ASSADULLA S/O MOHAMMED YUSUF, AGED ABOUT 65 YEARS NO.1022, 38TH CROSS, T BLOCK, JAYANAGAR, BENGALURU-560 041. 6. C.S. EJAAZ AHAMED AGED ABOUT 64 YEARS R/O NO.3, SUKUN, 6TH CROSS, H.B.R. LAYOUT, 1ST STAGE, 2ND BLOCK, K.K.HALLI, BENGALURU-84. …RESPONDENTS (BY SRI. KENCHEGOWDA, AGA FOR R1 & R2., SRI. A ABHINAV RAMANAND, ADVOCATE FOR C/R3 R4 & R5 ARE SERVED SRI. S NAGENDRA DIKSHIT, ADVOCATE FOR R6) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE SALE PROCLAMATION ISSUED TO THE PETITIONER IN FORM NO.8 AND 9 DTD 11.04.2018 IN AR/RO/CEP/03/2017- - 3 - HC-KAR NC: 2026:KHC:7638 WP No. 20643 of 2018 C/W WP No. 12544 of 2021 18 PRODUCED AS ANNX-V AND V1 AND THE ORDER DTD 13.03.2018 ISSUED BY THE R-2 VIDE ANNX-V2. QUASH THE AWARD DTD 05.08.2010 PASSED IN JRD/ACB/04/08-09 PASSED BY THE R-1 VIDE ANNX-W. IN WP NO. 12544/2021 BETWEEN: SAMEERA. S W/O. TANVEER PASHA, AGED ABOUT 31 YEARS, RESIDING AT NO.21/18, 9TH B MAIN, 4TH CROSS, BTM 1ST STAGE, MOSQUE ROAD, BENGALURU-560 029. ...PETITIONER (BY SRI. DEVI PRASAD SHETTY., ADVOCATE) AND: 1. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES NO.441, NOW SITUATED AT ALI ASKER ROAD, BENGALURU-560 001. 2. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES AND SALE OFFICER ATTACHED TO THE OFFICE OF THE AMANATH CO-OPERATIVE BANK LTD., AMANATH HOUSE NO. 43, HOSPITAL ROAD, SHIVAJINAGAR, BANGALORE-560 001. 3. AMANATH CO-OPERATIVE BANK LTD., NO.43, HOSPITAL ROAD, SHIVAJINAGAR, BANGALORE-560 001. BY ITS GENERAL MANAGER. - 4 - HC-KAR NC: 2026:KHC:7638 WP No. 20643 of 2018 C/W WP No. 12544 of 2021 4. A. SAFIULLA S/O. LATE ABDUL WAHAB, AGED ABOUT 61 YEARS, RESIDING AT NO. 53/1, MUNISWAMAPPA ROAD, J.C. NAGAR, BANGALORE-560 006. 5. MOHAMMED ASSADULLA S/O. MOHAMMED YUSUF, AGED ABOUT 67 YEARS, NO. 1022, 38TH CROSS, 4TH T BLOCK, JAYANAGAR, BENGALURU-560 041. 6. C. S. EJAAZ AHAMED S/O. LATE C. S. SABJAN, AGED ABOUT 69 YEARS, R/O. NO.3, SUKUN, 6TH CROSS, H.B.R. LAYOUT, 1ST STAGE, 2ND BLOCK, K.K. HALLI, BENGALURU-560 084. 7. ASSISTANT REVENUE OFFICER VASANTH NAGAR SUB DIVISION, BRUHATH BENGALURU MAHANAGARA PALIKE, BENGALURU-560 052. 8. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES AND RECOVERY OFFICER 2ND CIRCLE, BENGALURU DISTRICT, NO.146, SAHAKARA SOUDHA, 2ND FLOOR, 3RD CROSS, MARGOSA ROAD, MALLESHWARAM, BENGALURU-560 003. 9. SUB REGISTRAR OFFICE OF THE SUB REGISTRAR, - 5 - HC-KAR NC: 2026:KHC:7638 WP No. 20643 of 2018 C/W WP No. 12544 of 2021 NO.19/B, 2ND FLOOR, BVK IYENGAR ROAD, GANDHINAGAR, BENGALURU-560 009. ...RESPONDENTS (BY SRI. DEVENDRAPPA., ADVOCATE FOR R7 SRI. KENCHEGOWDA, AGA FOR R1, R2, R8 & R9 SRI. ABHINAV R, ADVOCATE FOR R3 AS PER POSTAL TRACK SHEET R5 SERVED V/O DATED 02.01.2023, R4 IS H/S V/O DATED 06.11.2023, NOTICE TO R6 IS H/S) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE KATHA AT ANNEXURE-AA IN PID NO.92-96- 53/1 ISSUED BY THE R7 DATED 6.1.2021. QUASH THE TRANSFER CERTIFICATE REGISTERED ON 11.09.2019 IN BOOK NO.1, DOCUMENT IN GNR-1-02523-2019-20 IN CD NO.GNRD334 ISSUED BY THE R9 PRODUCED AT ANNEXURE-AD. QUASH TRANSFER ORDER PASSED BY THE R8 ON 03.08.2019 VIDE ANNEXURE-AE. THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI - 6 - HC-KAR NC: 2026:KHC:7638 WP No. 20643 of 2018 C/W WP No. 12544 of 2021 ORAL ORDER 1. The petitioner has filed these Writ Petition seeking following reliefs : In W.P. No.20643 of 2018: (i) quash the sale proclamation issued to the petitioner in Form Nos.8 and 9 dated 11.04.2018 in AR/RO/CEP/03/2017-18 produced as Annexures ‘V’ and ‘V1’ and the order dated 13.03.2018 issued by respondent No.2 vide Annexure “V2”. (ii) quash the award dated 05.08.2010 passed in JRD/ACB/04/08-09 passed by respondent No.1 vide Annexure “W”. In W.P. No.12544 of 2021: a. quash the khata at Annexure “AA” in PID No.92-96-53/1 issued by respondent No.7 dated 06.01.2021. b. quash the Transfer Certificate registered on 11.09.2019 in Book No.1, document in GNR-1-02523-2019-20 in CD No.GNRD334 issued by respondent No.9 produced at Annexure “AD”. - 7 - HC-KAR NC: 2026:KHC:7638 WP No. 20643 of 2018 C/W WP No. 12544 of 2021 c. quash transfer order passed by respondent No.8 on 03.08.2019 vide Annexure-AE; 2. Respondent No.3 Bank raised a dispute under Section 70 of the Karnataka Co-operative Societies Act, 1959 (for short, ‘the Act’). The said dispute was allowed vide order dated 05.08.2010. Thereafter, a Sale Proclamation was issued in Form Nos.8 and 9 dated 11.04.2018 vide Annexures ‘V’ and ‘V1’, and the order dated 13.03.2018 was passed by respondent No.1 vide Annexure ‘V2’. 3. The petitioner, without challenging the said order passed by respondent No.1, has filed this writ petition. 4. The said order is an appealable order under Section 105 of the Act. The petitioner without exhausting the equal efficacious remedy has filed this writ petition. - 8 - HC-KAR NC: 2026:KHC:7638 WP No. 20643 of 2018 C/W WP No. 12544 of 2021 5. Hence, the writ petition filed by the petitioner is not maintainable in terms of the proposition laid down by the Hon'ble Apex Court in Rikhab Chand Jain vs. Union of India1. 6. In view of the same, Writ Petition No.20643 of 2018 is dismissed. 7. However, liberty is reserved to the petitioner to challenge the impugned orders before the appellate authority within 30 days from today. 8. Meanwhile, the respondents are directed not to take any coercive steps against the property of the petitioner for period of 30 days from today. 9. All the contentions of the parties are kept open. 10. Further, the petitioner is also entitled for the benefit under Section 14 of the Limitation Act. 1 Civil Appeal No.6719 of 2012, disposed of on 12.11.2025 - 9 - HC-KAR NC: 2026:KHC:7638 WP No. 20643 of 2018 C/W WP No. 12544 of 2021 11. As the petitioner in W.P. No.12544 of 2021 has sought the leave of the Court to file an appeal, any transfer made in the name of the respondent Bank shall be subject to the final order to be passed by the Appellate Court in the appeal to be filed by the petitioner. 12. In view of the same, Writ Petition No.12544 of 2021 is disposed of as having rendered infructuous. 13. Pending application/s, if any, shall stand disposed of. Sd/- (ASHOK S.KINAGI) JUDGE RK CT:KHV List No.: 1 Sl No.: 39