The Court dismissed a writ petition filed by a borrower aggrieved by a recovery award against a cooperative bank. The Court held the petition is not maintainable as the petitioner has an alternative efficacious remedy under the Karnataka Souharda Sahakari Act.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
WP No. 101036 of 2022
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 7TH DAY OF SEPTEMBER, 2022
BEFORE
THE HON'BLE MR JUSTICE M.I.ARUN WRIT PETITION NO. 101036 OF 2022 (CS-DAS)
BETWEEN:
Digitally signed
by VISHAL
NINGAPPA
VISHAL PATTIHAL
NINGAPPA Location:dharwad
PATTIHAL Date:
2022.09.09
09:48:43
+0530
SMT. SHARADA W/O FAKKIRESH BALIGAR AGE. 47 YEARS, OCC. HOUSEWIFE, R/O. SANKAMMANAVAR BUILDING VINAYAK NAGAR, NEAR HINDUSTAN GARRIAGE, HAVERI-581110,TQ AND DIST. HAVERI
…PETITIONER
(BY SRI. PRUTHVI K. S., ADVOCATE)
AND:
…RESPONDENTS
WP No. 101036 of 2022
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO: A. ISSUE A WRIT OF CERTIORARI BY QUASHING THE IMPUGNED EXECUTION PETITION BRG. NO.KA.RA.SAU.SAM.SA.NI/SA.SAM.SA.NI/VA.AA/833/2021-22 DATED 02.12.2021 ISSUED BY THE RESPONDENT NO.3 VIDE ANNEXURE-G.
B. ISSUE A WRIT IN THE NATURE OF CERTIORARI BY QUASHING THE ENTIRE PROCEEDINGS OF BRG.NO.KA. RA. SAU. SAM.SA.NI.PANCHAYAT CASE NO.1656/ 2020-2021 VIDE ANNEXURE-F PASSED BY THE KARNATAKA STATE SOUHARDA SANGH NIYAMITA, BENGALURU.
THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
WP No. 101036 of 2022
challenge the award passed against her. Hence her writ petition is hereby dismissed. However, it is needless to state that the petitioner has the liberty to file necessary appeal in accordance with the provisions of the Karnataka Souharda Sahakari Act, 1997 and if she were to prefer such an appeal, the time spent for prosecuting the writ petition shall be condoned by the authority concerned.
Sd/JUDGE
gab List No.: 1 Sl No.: 17
2 issues framed by the court
Whether the writ petition filed under Articles 226 and 227 of the Constitution of India by the aggrieved borrower is maintainable against the award passed by the Recovering Officer.
Whether the petitioner has exhausted alternative efficacious remedies available under the Karnataka Souharda Sahakari Act, 1997 before approaching this Court.
Smt. Sharada W/o Fakkiresh Baligar
Navakarnataka Pattina Souharada Sahakari Ltd
The Recovery Officer (N-441)
M.I. Arun
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
