Sri Sadath Ali Khan Vs State of Karnataka

SRI. SADATH ALI KHAN S/O LATE B M SANA KHAN, AGED ABOUT 81 YEARS, EX DIRECTOR, AMANATH CO OPERATIVE BANK LTD., FARAH BUILDERS PVT LTD., NO.30/1, VITTAL MALLYA ROAD, BANGALORE-560001 NOTE: SENIOR CITIZEN BENEFIT NOT CLIAMED

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…PETITIONER

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(BY SRI. T. DADAKHALANDAR, ADVOCATE)

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AND:

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Digitally signed by PRASHANTH N V Location: High Court of Karnataka

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STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY, RURAL DEVELOPMENT CO OPERATION M S BUILDINGS, DR AMBEDKAR VEEDI, BANGALORE - 560 001

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THE JOINT REGISTRAR OF CO OPERATIVE SOCIETIES (ICDP), OFFICE OF THE REGISTRAR OF CO OPERATIVE SOCIETIES, NO.1, ALI ASKAR ROAD, BENGALURU-560052

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AMANATH CO OPERATIVE BANK LTD., AMANATH HOUSE, NO.43, HOSPITAL ROAD, SHIVAJINAGAR, BANGALORE-560001 REP BY ITS GENERAL MANAGER

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2 -

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NC: 2025:KHC:45617 WP No. 5885 of 2022

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HC-KAR

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THE ASSISTANT REGISTRAR OF CO OPERATIVE SOCIETIES CIRCLE-2, RECOVERY OFFICER, SAHAKARA SAUDA, MARGOSA ROAD, MALLESHWARAM, BENGALURU-560003

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…RESPONDENTS

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(BY SRI. S.R. KHAMROZ KHAN, AGA FOR R1, 2 & 4

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SRI. ABHINAV R., ADVOCATE FOR R3)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE NOTICE DTD. 19.02.2022 COMMUNICATION MADE BY THE RECOVERY OFFICER IN EXECUTION NO.AR/RO (441) CEP/02/2017-18 FOR AN ACTION UNDER SECTION 101(B) RULE 38A (3 AND 4) OF THE KARNATAKA CO OPERATIVE SOCIETIES ACT TO TRANSFER THE RIGHTS TO THE R-3 BANK VIDE ANNX-E. AND ETC.,

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

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CORAM: HON'BLE MRS. JUSTICE M G UMA

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ORAL ORDER

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The petitioner is before this Court seeking to quash the notice dated 19.02.2022 issued by respondent No.4 - the Recovery Officer for auction under Section 101(b) Rule 38(a)(3 and 4) of the Karnataka Cooperative Societies Act, to transfer the rights to respondent No.3 - Bank as per Annexure-E.

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Heard Sri. T Dadakhalandar, learned counsel of the petitioner, Sri. SR Khamroz Khan, learned Additional Government Advocate for respondent Nos.1, 2 and 4 and

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3 -

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NC: 2025:KHC:45617 WP No. 5885 of 2022

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HC-KAR

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Sri.Abhinav R, learned counsel for respondent No.3. Perused the materials on record.

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Learned counsel for respondent No.3 submits that

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the petition is not maintainable as efficacious remedy available under Section 101(2) of the Karnataka Co-operative Societies Act, 1959, is not availed by the petitioner and without exhausting the said statutory remedy, he cannot approach this Court.

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Learned counsel for the petitioner does not dispute the said contention raised by learned counsel for respondent No.3. He fairly concedes that the petitioner will invoke Section

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101(2) of the Karnataka Co-operative Societies Act, 1959.

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