Dismissed¶44

Dayananda K v. the State of Karnataka

Karnataka HC15 Apr 2026WP/25441/2025

Case brief

AI extract

What is this about?

Karnataka High Court, Bengaluru (E.S. Indiresh J, 15-04-2026), WP No. 25441 of 2025 (CS-RES): writ petition against co-operative society auction notice (Form Nos. 8 and 9, dated 03.07.2025) issued in Execution No. 38/2024-25 pursuant to award in Dispute No.323/2022-23 dismissed as not maintainable because the underlying award was not challenged; due of Rs.27,00,000/- and non-compliance with order dated 21.08.2025 noted. Keywords: Articles 226/227, co-operative bank recovery, auction notice, maintainability, unchallenged award.

What did the court decide?

Since the petitioners have not challenged the original award passed in Dispute No.323 of 2022-2023, the writ petition assailing the auction notice is not maintainable. ¶37

Dayananda K Vs the State of Karnataka — Writ and Judicial Review | Karnataka HC (2026)

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NC: 2026:KHC:20650 WP No. 25441 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 15^TH DAY OF APRIL, 2026

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BEFORE

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THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 25441 OF 2025 (CS-RES)

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BETWEEN:

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DAYANANDA K

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S/O LATE MONTA POOJARY, AGED ABOUT 48 YEARS, ELECTRICIAN MEMBERSHIP NO. 2022 SRI SADASHIVA NILAYA, BIMA GUDDE, KIRIYADI, UJIRE POST AND VILLAGE, BELTHANGADY TALUK - 574240

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MR. NARAYANA K

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S/O LATE MONTA POOJARY, AGED ABOUT 51 YEARS TAILOR

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MEMBERSHIP NO. 1951,

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Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA

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SRI SADASHIVA NILAYA, BIMA GUDDE, KIRIYADI, UJIRE POST AND VILLAGE, BELTHANGADY TALUK- 574240

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MRS. SHAKUNTALA W/O MR. RAMESH RAI, AGED ABOUT 38 YEARS, HOUSE WIFE, MEMBERSHIP NO. 0750 MITHOTTU MANE

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GARDADI VILLAGE AND POST

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2 - NC: 2026:KHC:20650 WP No. 25441 of 2025

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HC-KAR

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BELTHANGADY TALUK - 574217

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MR. DINESH SHETTY S/O MR. NARAYANA SHETTY, AGED ABOUT 48 YEARS, AGRICULTURIST, MEMBERSHIP NO. 2528 MALEGALLU MANE, KARIYANGALLU VILLAGE, KANIYURU POST AND VILLAGE BELTHANGADY TALUK - 574328

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…PETITIONERS

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(BY SRI. KARKALA SHASHIKANTH PRASAD, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATIVE SOCIETY, VIDHANASOUDHA DR. AMBEDKAR VEEDHI, BENGALURU - 560001 REPRESENTED BY CHIEF EXECUTIVE

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THE RECOVERY OFFICER OF CO-OPERATIVE SOCIETY K.C.S.R. 441 DAKSHINA KANNADA DISTRICT CENTRAL CO-OPERATIVE BANK (NIYAMITHA) MANGALURU - 575 003. REPRESENTED BY THE ASSISTANT REGISTRAR

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DAKSHINA KANNADA DISTRICT CENTRAL CO-OPERATIVE BANK NIYAMITHA MANGALURU - 575 003

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3 - NC: 2026:KHC:20650 WP No. 25441 of 2025

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HC-KAR

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NO.1113, BRANCH UJIRE - 574240 REPRESENTED BY BRANCH MANAGER

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…RESPONDENTS

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(BY SRI. YOGESH D NAIK, AGA FOR R1 AND R2; SRI. RAKSHITH KUMAR., ADVOCATE FOR R3)

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THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-QUASH THE AUCTION NOTICE IN FORM NO. 8 AND 9 DATED 03.07.2025 IN DISPUTE NO. 323/2022-23 AND EXECUTION NO. 38/2024-25 IN RESPECT OF AWARD JRM/DDS/323/2022-23 FOR THE AUCTION TO BE HELD ON 22.08.2025 ISSUED BY THE R2 (ANNEXURE-A AND B).

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

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

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ORAL ORDER

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In this petition, the petitioners are assailing the auction notice in Form No.8 and 9 dated 03.07.2025. Pursuant to the award passed in Dispute No.323 of 2022-2023. Taking into consideration the fact that, the petitioners have not challenged the original award, in that view of the matter the petition is not maintainable.

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NC: 2026:KHC:20650 WP No. 25441 of 2025

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HC-KAR

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It is also submitted by the learned counsel

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appearing for respondent No.3 that there is a due of Rs.27,00,000/- and further the petitioners have not complied with the order dated 21.08.2025 passed by this Court.

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In that view of the matter, the petition is

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dismissed accordingly.

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SD/(E.S.INDIRESH) JUDGE

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AMM

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List No.: 2 Sl No.: 31

Dayananda K v. the State of Karnataka

Case brief

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What did the court decide?

Dayananda K v. the State of Karnataka

Case brief

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