THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT TO SET ASIDE THE IMPUGNED ORDER DATED 23/05/2025 ORDERED BY RESPONDENT NO.2 AT ANNEXURE-A AND ETC.

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

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

ORAL ORDER

1. The petitioners in the instant writ petition have challenged the award passed under Section 71(1)(a) of the Karnataka Co-operative Societies Act, 1959. They have made the following prayer and interim prayer in the writ petition:

"PRAYER

1. To issue writ of certiorari or any other appropriate writ to set aside the impugned order dated 23.05.2025 ordered by the Respondent No.2 as Annexure A.

2. To issue Writ of mandamus or any appropriate writ, order or direction directing the respondent Society to accept the foreclosure of loan account of Rs.12,00,000/- as per Annexure E.

3. Grant such other relief as this Hon'ble Court may deem fit and proper in the interest of justice and equity.

INTERIM PRAYER

Wherefore, Petitioners humbly prays to this Hon'ble court to stay the operation of Annexure A i.e. impugned order dated 23.05.2025 and consequently direct the respondent society not to take any coercive action till the disposal of this writ petition, in the interest of justice and equity."

2. This Court by its order dated 16.09.2025 has passed the following order:

"Learned Additional Government Advocate is directed to accept notice for respondent No.2.

Issue emergent notice to respondent No.1.

The learned counsel for the petitioners submits that if three months time is granted, the petitioner No.1 will pay the entire amount outstanding.

In view of the above, in order to enable the petitioner No.1 to pay off the loan to the respondent No.1, till next date, the respondent No.1 shall not take any precipitative action pursuant to Annexures - A and B to proceed against the properties of the petitioner No.1, subject to he depositing 50% of the amount due to the respondent No.1 with the respondent No.1 within a period of six weeks from today.

It is made clear that if the petitioner No.1 fails to deposit the amount as aforesaid, the respondent No.1 is at liberty to proceed in accordance with law."

3. Learned AGA for respondent no.2 as well as learned counsel for respondent no.1 submit that the petitioners have not complied with the interim order passed by this Court. They further submit that the petitioners are having an alternative and efficacious remedy under Sections 105 and 106 of the Karnataka Co-operative Societies Act, 1959.

4. As the petitioners have not complied the interim order passed by this Court and also because they are having an alternative and efficacious remedy, the writ petition is hereby dismissed reserving the liberty to the petitioners to avail the alternative remedy in the manner known to law. If the petitioners were to prefer an appeal, the appellate authority shall condone the delay equivalent to the time spent by the petitioners in pursuing the instant writ petition.