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Sri Shivakumar S a Vs the Joint Registrat of — Writ and Judicial Review | Karnataka HC (2026)

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Karnataka HC
2026
Sri Shivakumar S a Vs the Joint Registrat ofSri Shivakumar S a v. the Joint Registrat of

Disposed¶33

Sri Shivakumar S a v. the Joint Registrat of

Cooperative societies – Recovery proceedings

Karnataka HC24 Mar 2026WP/1922/2023

Case brief

AI extract

What is this about?

Shivakumar S.A. v. Joint Registrar of Co-operative Societies, Chamarajpet & others, WP No. 1922 of 2023 (CS-RES), High Court of Karnataka (E.S. Indiresh, J.), decided 24-03-2026. Challenge to recovery Notice dated 27.12.2022 (Annexure-A, Form No.9, EP No.11/2019-20) issued pursuant to award in Dispute No.453/2017-18 (Joint Registrar of Cooperative Societies, Bengaluru Region) and attachment order dated 13.10.2014 (Annexure-B) under Rule 38(2)(d), Karnataka Cooperative Societies Rules, 1960, by Shimoga District Co-operative Bank Recovery Officer/Managing Director. Auction not conducted despite notice; contention that auction notices lacked fixed reserved price. Holding: no further orders required since auction not given effect; writ petition disposed of. No precedent cited; no monetary quantum.

What did the court decide?

Since the auction has not been given effect pursuant to the issuance of Annexure-A, no further orders are required to be passed in the matter.

What the court decided

AI extract

Outcome

Disposed

Issue for consideration

Whether the writ petition seeking quashing of the impugned recovery notice (Annexure-A) and the related attachment survives where the auction pursuant to the notice was not conducted and the auction notices were alleged to have been issued without fixing the reserved price of the property.

Court's answer

Since the auction has not been given effect pursuant to the issuance of Annexure-A, no further orders are required to be passed in the matter.

Detailed headnote1 paragraphs

Cooperative societies - Recovery proceedings - Writ petition under Articles 226 & 227 of the Constitution of India challenging Notice dated 27.12.2022 (Annexure-A) issued in Form No.9 bearing EP No.11/2019-20 pursuant to the award passed in Dispute No.453/2017-18 on the file of the Joint Registrar of Cooperative Societies, Bengaluru Region, Chamarajpet, Bengaluru, pursuant to which an attachment order dated 13.10.2014 (Annexure-B) was issued by the Recovery Officer under Rule 38(2)(d) of the Karnataka Cooperative Societies Rules, 1960 - Counsel for respondents No.2 and 3 submitted that despite issuance of the impugned notice the auction was not conducted; petitioner contended the auction notices were issued without fixing the reserved price of the property - Court held that since the auction had not been given effect pursuant to Annexure-A, no further orders were called for - Writ petition disposed of. (E.S. Indiresh, J.)

A

1 - NC: 2026:KHC:16631 WP No. 1922 of 2023

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 24^TH DAY OF MARCH, 2026

BEFORE

THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 1922 OF 2023 (CS-RES)

BETWEEN:

SRI SHIVAKUMAR S. A., S/O LATE APPU, AGED ABOUT 47 YEARS, R/AT 1ST CROSS, KAMAKSHI ROAD, SHIMOGGA - 577201.

…PETITIONER

(BY SRI. S KALYAN BASAVARAJ,ADVOCATE)

AND:

Digitally signed by AASEEFA PARVEEN

Location: HIGH COURT OF KARNATAKA

THE JOINT REGISTRAR OF CO OPERATIVE SOCIETTIES CHAMARAJAPET BENGALURU - 560018.

THE RECOVERY OFFICER SHIMOGA DISTRICT CO - OPERATIVE BANK LIMITED, HEAD OFFICE: BALARAJ URS ROAD, SHIMOGA - 577201.

2 -

NC: 2026:KHC:16631 WP No. 1922 of 2023

HC-KAR

THE MANAGING DIRECTOR, SHIMOGA DISTRICT, CO - OPERATIVE BANK LIMITED, HEAD OFFICE: BALARAJ URS ROAD, SHIMOGA - 577201.

…RESPONDENTS

(BY SRI. H.K. KENCHEGOWDA, AGA FOR R1;

SRI. DAYANAND S. PATIL, ADVOCATE FOR R2 AND R3)

THIS WRIT PETITON IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED NOTICE DTD 27.12.2022 VIDE ANNEXURE-A ISSUED IN FORM NO.9 BEARING EP NO.11/2019-20 PURSUANT TO THE AWARD PASSED IN DISPUTE NO.453/2017-18 ON THE FILE OF THE JOINT REGISTRAR OF COOPERATIVE SOCIETIES, BENGALURU REGION, CHAMARAJPET, BENGALURU, PURSUANT TO WHICH ATTACHMENT ORDER DTD 13.10.2014 ANNEXURE-B ISSUED BY THE R2, PRODUCED AT ANNEXURE-A, EXERCISING POWER UNDER RULE 38(2)(d) OF THE KARNATAKA COOPERATIVE SOCIETIES RULES, 1960.

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

CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH

3 -

NC: 2026:KHC:16631 WP No. 1922 of 2023

HC-KAR

ORAL ORDER

In this writ petition, petitioner is assailing the Notice dated 27.12.2022 (Annexure-A), passed by the respondentauthorities.

It is submitted by Sri.Dayanand S. Patil, learned counsel representing respondents No.2 and 3 that despite to issuance of the impugned Notice at 'Annexure-A', the auction was not conducted and therefore submitted that the petition be disposed of.

In this ground, learned counsel Sri.S.Kalyan Basavaraj, appearing for the petitioner submitted that, the respondent-Society is issuing the impugned auction notices without fixing the reserved price of the property in question. In that view of the matter, since the auction has not been given effect pursuant to the issuance of 'Annexure-A', I am of the view that, no further orders have to be passed in this regard.

In that view of the matter, the writ petition is accordingly disposed of.

AP, List No.: 1 Sl No.: 44

Sd/(E.S.INDIRESH) JUDGE

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the writ petition seeking quashing of the impugned recovery notice (Annexure-A) and the related attachment survives where the auction pursuant to the notice was not conducted and the auction notices were alleged to have been issued without fixing the reserved price of the property.medium confidence¶32
The court held
Since the auction has not been given effect pursuant to the issuance of Annexure-A, no further orders are required to be passed in the matter.ratio¶32

Statutes considered

2 provisions across 2 enactments

AI extract

Constitution of IndiaArticles 226 & 227¶23
Karnataka Cooperative Societies Rules, 1960Rule 38(2)(d)¶23

Procedural history

How this case reached the court

AI extract

Order under challenge
Notice dated 27.12.2022 (Annexure-A) issued in Form No.9 bearing EP No.11/2019-20 pursuant to the award passed in Dispute No.453/2017-18, pursuant to which an attachment order dated 13.10.2014 (Annexure-B) was issued by respondent No.2.¶30
Joint Registrar of Cooperative Societies, Bengaluru Region, Chamarajpet, Bengaluru (award); Recovery Officer, Shimoga District Co-operative Bank Limited (attachment order) · 27.12.2022
Prior proceeding
Award passed in Dispute No.453/2017-18 on the file of the Joint Registrar of Cooperative Societies, Bengaluru Region, Chamarajpet, Bengaluru.¶23
Prior proceeding
Attachment order dated 13.10.2014 (Annexure-B) issued by respondent No.2 exercising power under Rule 38(2)(d) of the Karnataka Cooperative Societies Rules, 1960.¶23
Prior proceeding
Counsel for respondents No.2 and 3 submitted during the preliminary hearing that despite issuance of the impugned Notice (Annexure-A) the auction was not conducted, and sought disposal of the petition.¶31

Parties & counsel

AI extract

petitioner
SRI SHIVAKUMAR S. A.¶8
S Kalyan Basavaraj
respondent
THE JOINT REGISTRAR OF CO OPERATIVE SOCIETTIES CHAMARAJAPET BENGALURU - 560018¶14
H.K. Kenchegowda
respondent
THE RECOVERY OFFICER SHIMOGA DISTRICT CO - OPERATIVE BANK LIMITED, HEAD OFFICE: BALARAJ URS ROAD, SHIMOGA - 577201¶15
Dayanand S. Patil
respondent
THE MANAGING DIRECTOR, SHIMOGA DISTRICT, CO - OPERATIVE BANK LIMITED, HEAD OFFICE: BALARAJ URS ROAD, SHIMOGA - 577201¶19
Dayanand S. Patil

Coram

AI extract

E.S.Indireshauthor¶25

Case details

As recorded by the court registry

Court: Karnataka HC
Decided on: 24 Mar 2026 · March
Registered: 24 Jan 2023
Case no.: WP/1922/2023
CNR: KAHC010044862023
Topic: Writ and Judicial Review
Bench: E.s.indiresh
Disposal: DISPOSED
Case type: WP

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Cite this judgement

Sri Shivakumar S a v. the Joint Registrat of, WP/1922/2023 (KA), decided on 24 March 2026.

The High Court of Karnataka publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes2

Constitution of IndiaArticles 226 & 227
Karnataka Cooperative Societies Rules, 1960Rule 38(2)(d)

View all statutes

Procedural history4

Notice dated 27.12.2022 (Annexure-A) issued in Form No.9 bearing EP No.11/2019-20 pursuant to the award passed in Dispute No.453/2017-18, pursuant to which an attachment order dated 13.10.2014 (Annexure-B) was issued by respondent No.2.Joint Registrar of Cooperative Societies, Bengaluru Region, Chamarajpet, Bengaluru (award); Recovery Officer, Shimoga District Co-operative Bank Limited (attachment order) · 27.12.2022
Award passed in Dispute No.453/2017-18 on the file of the Joint Registrar of Cooperative Societies, Bengaluru Region, Chamarajpet, Bengaluru.
Attachment order dated 13.10.2014 (Annexure-B) issued by respondent No.2 exercising power under Rule 38(2)(d) of the Karnataka Cooperative Societies Rules, 1960.

View full history

Bench / Coram

E.S.Indiresh

Parties & counsel