Dismissed

Smt. Jayashree P. Nayak v. State of Karnataka

Karnataka HC15 Jun 2026WP/24676/2025

Case brief

AI extract

What is this about?

Petitioner challenged attachment of her property in recovery proceedings initiated at the behest of Shri.Ram Credit Co-operative Society under Section 103(1) of the Karnataka Co-operative Societies Act. The Court dismissed the writ petition on the ground of alternative remedy under Sections 105 and 106, with liberty to appeal.

What did the court decide?

Writ petition dismissed; liberty to file appeal; interim order continued four weeks; Section 14 Limitation Act benefit; original documents to be returned.

Smt. Jayashree P. Nayak Vs State of Karnataka — Cooperative Societies | Karnataka HC (2026)

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NC: 2026:KHC:28870 WP No. 24676 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15^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.24676 OF 2025 (CS-RES)

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BETWEEN:

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SMT. JAYASHREE P. NAYAK AGED ABOUT 64 YEARS, W/O. PRAMOD R. NAYAK R/AT NO.7-36-1, SHRI RAM GOVT. JNR. COLLEGE ROAD, OPP MARKET, RAM NAGAR, BELTHANGADY, D.K.-574 214.

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…PETITIONER

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(BY SRI DHANANJAY KUMAR, ADVOCATE)

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Digitally signed by V MANJUSHA BAI

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Location: HIGH COURT OF KARNATAKA

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AND:

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STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION REPRESENTED BY ITS ADDITIONAL CHIEF SECRETARY ROOM NO.610, 6^TH FLOOR 3^RD GATE, M.S. BUILDING BENGALURU-560 001.

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THE DIRECTOR OF CO-OPERATIVE AUDIT NO.17, "JAYANIVASA" SHANKAR MUTT ROAD BASAVANAGUDI BENGALURU-560 004.

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NC: 2026:KHC:28870 WP No. 24676 of 2025

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HC-KAR

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THE DEPUTY DIRECTOR OF CO-OPERATIVE AUDIT DAKSHINA KANNADA DISTRICT 3^RD FLOOR, KILLECOURT PANJE MANGESHARAYA ROAD

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MANGALURU, DAKSHINA KANNADA-575 001.

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THE DEPUTY DIRECTOR OF CO-OPERATIVE AUDIT DHARWAD DISTRICT DR. RAVINDRA JOSHI BUILDING HALIYALA NAKA-GERMAN HOSPITAL ROAD NARAYANAPURA DHARWAD-580 008.

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THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (URBAN BANK CELL), NO.29 NEAR PRAKASH CAFE, CHAMRAJPET BENGALURU-560 018.

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THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES DAKSHINA KANNADA DISTRICT JANATHA BAZAR, 1^ST FLOOR GANAPATHI HIGH SCHOOL ROAD MANGALURU-575 001.

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THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES PUTTUR SUB-DIVISION

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PUTTUR, DAKSHINA KANNADA-574 201.

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THE CO-OPERATIVE DEVELOPMENT OFFICER OFFICE OF THE DEPUTY REGISTRAR OF

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3 - NC: 2026:KHC:28870 WP No. 24676 of 2025

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HC-KAR

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CO-OPERATIVE SOCIETIES DAKSHINA KANNADA DISTRICT JANATHA BAZAR, 1 FLOOR GANAPATHI HIGH SCHOOL ROAD MANGALURU-575 001.

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SHRI. RAM CREDIT CO-OPERATIVE SOCIETY (L) REP. BY ITS CEO OFFICE AT V.R. NAYAK COMPOUND RAMANAGAR, BELTHANGADY, D.K.-574 214.

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…RESPONDENTS

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(BY SRI. YOGESH D. NAIK, AGA., FOR R.1 TO R.8; R.9: SERVED BUT UNREPRESENTED.)

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THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 03.06.2025 PASSED BY RESPONDENT NO.6-THE DEPUTY REGISTRAR OF COOPERATIVE SOCIETIES, MANGALURU, D.K., IN APPLICATION NO.1/2025-26 (ANNEXURE-A), IN SO FAR AS IT RELATES TO THE ATTACHMENT OF THE PETITIONER'S PROPERTY UNDER SECTION 103(1) OF THE KARNATAKA COOPERATIVE SOCIETIES ACT, 1959, ETC.

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

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

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NC: 2026:KHC:28870 WP No. 24676 of 2025

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HC-KAR

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ORAL ORDER

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The petitioner has challenged the recovery

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proceedings initiated against the property said to be belonging to her. The recovery proceedings have been initiated at the behest of respondent No.9 - Shri.Ram Credit Co-operative Society Bank. This Court on 02.09.2025, passed the following order:-

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"Learned Additional Government Advocate is directed to accept notice for respondent Nos.1 to 8

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Issue emergent notice to respondent No.9. Since it is stated that the property of the petitioner is sought to be attached without making her as a party to the proceedings, the impugned order of attachment dated 03.06.2025 (Annexure - A) is stayed, in so far as the schedule property and in so far as the petitioner is concerned. However, the order of attachment shall continue to apply in respect of other properties mentioned therein.

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It is made clear that the petitioner shall not encumber, transfer or alienate the schedule property or part with possession of the same to

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5 - NC: 2026:KHC:28870 WP No. 24676 of 2025

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HC-KAR

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any person, pending disposal of this writ petition."

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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 petition stands dismissed reserving liberty to the petitioner to approach the appropriate authority in the manner known to law. However, the interim order granted on 02.09.2025 shall continue to be in force for a further period of four weeks from today.

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The petitioner shall be entitled to the benefit of Section 14 of the Limitation Act, 1963, if she were to file an appeal.

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It is hereby made clear that no opinion is expressed

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on the merits of the case and if an appeal were to be filed, the Appellate Authority shall decide the matter on the

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basis of the pleadings and the evidence let-in before it.

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NC: 2026:KHC:28870 WP No. 24676 of 2025

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HC-KAR

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The Registry is directed to return the original

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documents /certified copies produced by the petitioner at the time of filing of the petition and upon due verification.

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Sd/(M.I.ARUN) JUDGE

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VMB List No.: 1 Sl No.: 61

Smt. Jayashree P. Nayak v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Smt. Jayashree P. Nayak v. State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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