Dismissed¶47

Sri Jayaprakash v. the Recovery Officer (NI-441)

Karnataka HC12 Jun 2026WP/22348/2025

Case brief

AI extract

What is this about?

Writ petition dismissed on alternative-remedy ground; Karnataka Co-operative Societies Act 1959 Sections 105 and 106; recovery notice dated 30.05.2025 (Annexure-A); Praveen Credit Co-operative Society, Puttur Taluk; Recovery Officer (NI-441); auction sale confirmation restrained by interim order dated 24.07.2025; dues Rs.7,94,952/-; instalment Rs.1,98,738/-; Section 14 Limitation Act 1963 benefit; Articles 226 and 227 Constitution of India; four-week non-precipitation direction; no opinion on merits.

What did the court decide?

Liberty reserved to the petitioner to approach the Appellate Authority in the manner known to law; respondents directed not to precipitate the matter for four (04) weeks; benefit of Section 14 of the Limitation Act, 1963 if an appeal is filed. ¶47

Sri Jayaprakash Vs the Recovery Officer (NI-441) — Writ and Judicial Review | Karnataka HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the writ petition seeking quashing of the recovery notice (Annexure-A) should be entertained when the petitioner has an alternative and efficacious remedy under Sections 105 and 106 of the Karnataka Co-operative Societies Act, 1959.

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Court's answer

The petitioner has an alternative and efficacious remedy under Sections 105 and 106 of the Karnataka Co-operative Societies Act, 1959.

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Ratio / Principle

On that ground, the writ petition is dismissed, reserving liberty to the petitioner to approach the Appellate Authority in the manner known to law.

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Key takeaways

The respondents are directed not to precipitate the matter against the petitioner for a period of four (04) weeks from today; no opinion is expressed on the merits, and any Appellate Authority is to decide uninfluenced by the observations made herein.ratio¶48
If an appeal is filed, the petitioner shall be entitled to the benefit of Section 14 of the Limitation Act, 1963.obiter¶55

Detailed headnote1 paragraphs

High Court of Karnataka at Bengaluru (M.I. Arun, J.), oral order dated 12 June 2026 in W.P. No. 22348 of 2025 (CS-RES): Jayaprakash, invoking Articles 226 and 227 of the Constitution of India, sought certiorari to quash recovery notice EP No. KARASOUSAM SANI/SA. SAM.SA.NI.VA A/VA/A/241/2018-19 dated 30.05.2025 (Annexure-A) issued in recovery proceedings initiated at the instance of respondent No.2, Praveen Credit Co-operative Society, Puttur Taluk. By an interim order dated 24.07.2025 the Court had recorded total dues of Rs.7,94,952/-, obtained an undertaking of two 25% instalments (Rs.1,98,738/- by 21.08.2025 and a like sum by 18.09.2025) and restrained respondents from confirming the auction sale, subject to automatic vacatur on default. Finding that the petitioner has an alternative and efficacious remedy under Sections 105 and 106 of the Karnataka Co-operative Societies Act, 1959, the Court dismissed the writ petition, reserving liberty to approach the Appellate Authority, directed respondents not to precipitate the matter for four weeks, extended the benefit of Section 14 of the Limitation Act, 1963 to any appeal filed, and expressly expressed no opinion on the merits.

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NC: 2026:KHC:28605 WP No. 22348 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 12^TH DAY OF JUNE, 2026

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BEFORE

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THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 22348 OF 2025 (CS-RES)

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BETWEEN:

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SRI. JAYAPRAKASH S/O. DARNAPPA GOWDA, AGED ABOUT 42 YEARS, R/AT NO. 1-183, PADLA HOUSE, RENJALADI POST AND VILLAGE, KADABA TALUK - 574 221.

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…PETITIONER

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(BY SRI. RAJARAMA S, ADVOCATE, ABSENT)

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AND:

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Digitally signed by V MANJUSHA BAI Location: HIGH COURT OF KARNATAKA

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THE RECOVERY OFFICER (NI-441) AND ASSISTANT REGISTRARS, COOPERATIVE SOCIETIES, KARNATAKA RAJYA SOUHARDA SAYUKTHA SAHAKARI NIYAMITHA - 560 003.

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THE CHIEF EXECUTIVE OFFICER PRAVEEN CREDIT CO-OPERATIVE SOCIETY, PUTTUR TALUK, DAKSHINA KANNADA - 574 201, REGISTER UNDER CO-OPERATIVE SOCIETY ACT 1959.

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…RESPONDENTS

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(BY SMT. SPOORTHI V, HCGP FOR R1; SRI. K. RAVISHANKAR, ADVOCATE FOR R2)

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NC: 2026:KHC:28605 WP No. 22348 of 2025

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HC-KAR

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED NOTICE EP NO. KARASOUSAM SANI/SA. SAM.SA.NI.VA A/VA/A/241/2018-19, DATED 30.5.2025 - VIDE ANNEXURE-A AND ETC.,

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

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

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ORAL ORDER

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The learned counsel for the petitioner is absent.

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2. The petitioner has challenged the recovery

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proceedings initiated against him at the instance of respondent No.2–Society. The writ petition is filed with the following prayers:

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"(A) ISSUE a writ in the nature of Certiorari by quashing the impugned notice ಇ� ಸಂ�ೆ�; ಕ�ಾ�ೌಸಂಸ�/ ಸ.ಸಂ.ಸ.�/ವಅ /241/2018-19, dated

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30.05.2025-vide Annexure-A

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3 - NC: 2026:KHC:28605 WP No. 22348 of 2025

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HC-KAR

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(B) ISSUE any other writ, order or direction as this Hon'ble court may deem fit to grant in the facts and circumstances of the case including an order as to costs."

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On 24.07.2025, this Court passed the following

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order:

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" 1. Learned AGA accepts notice for respondent No.1.

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2. Issue emergent notice to respondent No.2 returnable by 04.09.2025.

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3. The submission of learned Counsel for the petitioner is that due to financial stringency, the petitioner could not make payment of the due amounts. The total amount due as on today is Rs.7,94,952/-. The petitioner in order to establish his bonafides would make payment of a sum equivalent to 25% of the said amount, i.e., Rs.1,98,738/- within four weeks from today, that is on or before 21.08.2025 and another sum equivalent to 25% of the due amount within four weeks thereafter, that is by 18.09.2025.

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4. In view of the said submission, though the auction can go on, respondents are restrained from confirming the auction sale.

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NC: 2026:KHC:28605 WP No. 22348 of 2025

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HC-KAR

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5. Process fee and copies to be furnished by end of day the 25.07.2025. In the event of default thereof, as also in the event of default in making payment of the above installments, the interim order would stand automatically vacated and respondent-Bank would be at liberty to confirm the auction.

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6. Re-list on 04.09.2025.

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7. Hand delivery ordered."

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It is seen that the petitioner is having an alternative and efficacious remedy under Sections 105 and 106 of the Karnataka Co-operative Societies Act, 1959.

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For the aforementioned reasons, the Writ

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petition is hereby dismissed , reserving liberty to the petitioner to approach the Appellate Authority in the manner known to law.

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However, the respondents are directed not to precipitate the matter against the petitioner for a period of four (04) weeks from today. It is hereby made clear that no opinion is expressed on the merits of the case and if an

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NC: 2026:KHC:28605 WP No. 22348 of 2025

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HC-KAR

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appeal were to be filed, the Appellate Authority shall

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decide the same in the manner known to law without

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being influenced by any of the observations made herein above.

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