MRS. JAYANTHI vs THE STATE OF KARNATAKA - 2026 Supreme(Online)(Kar) 27758

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2026 Supreme(Online)(Kar) 27758

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

NC: 2026:KHC:26518

WP No. 1817 of 2024

DATED THIS THE 4TH DAY OF JUNE, 2026

BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN

WRIT PETITION NO.1817 OF 2024 (CS-RES)

BETWEEN:
MRS. JAYANTHI,
W/O. PRASANTH RAO,
AGED ABOUT 40 YEARS,
DOOR NO.22-43, NADUMANE HOUSE,
SURATHKAL VILLAGE AND POST,
MANGALORE TALUK,
DAKSHINA KANNADA DIST.-575 014.
…PETITIONER

(BY SRI. KAVITHA. N, ADVOCATE)

AND:
1. THE STATE OF KARNATAKA,
DEPARTMENT OF CO-OPERATION SOCIETY,
VIDHANA SOUDHA,
DR. AMBEDKAR VEEDHI,
BENGALURU-560 001.
REPRESENTED BY ITS SECRETARY.
2. THE RECOVERY OFFICER,
OFFICE OF THE ASSISTANT REGISTRAR
OF CO-OPERATIVE SOCIETIES,
KSSFC CO. LTD.,
BENGALURU-560 055.
3. PRAVEEN CREDIT SOUHRDA CO-OPERATIVE LTD.,
REPRESENTED BY BRANCH MANAGER,
PUTTUR BRANCH,
GANESH COMPLEX, DARBE,
PUTTUR, D.K. DIST-574 201.
(REGISTERED UNDER SOUHARDA ACT).
…RESPONDENTS

(BY SRI. YOGESH D. NAIK, AGA FOR R1 AND R2;
SRI. K. RAVISHANKAR, ADVOCATE FOR R3)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE AUCTION NOTICES DATED 06/10/2023 ISSUED BY THE RECOVERY OFFICER, OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, KSSF CO. LTD., BENGALURU IN EP NO.690/2021-22, AT ANNEUXRE-B AND ALL OTHER FURTHER PROCEEDINGS PURSUANT THERETO AND ETC.,

THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE M.I.ARUN

ORAL ORDER

The petitioner in the writ petition has challenged the Auction Notice dated 06.10.2023 issued by respondent No.2 in pursuance of an award passed against the petitioner for committing default in repayment of a loan.

2. Learned counsel for the petitioner is absent.

3. Learned counsels for the respondents submit that auction has not taken place pursuant to the sale notice dated 06.10.2023 and that the petitioner is also having an alternative and efficacious remedy under Section 105 of the Karnataka Co-operative Societies Act, 1959.

4. As the sale has not taken place pursuant to the sale notice, the Writ Petition is hereby dismissed as having become infructuous.

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