Smt a Sharath M Vs the State of Karnataka — Writ and Judicial Review | Karnataka HC (2026)

Smt a Sharath M Vs the State of Karnataka — Writ and Judicial Review | Karnataka HC (2026)

What the court decided

AI extract

Outcome

Writ petition dismissed on account of the alternative and efficacious remedy under Section 46 of the Karnataka Souhardha Sahakari Act, 1997, with liberty to approach the Appellate Authority; 2nd respondent directed to issue certified copy of the award within fifteen (15) days of application; petitioners entitled to benefit of Section 14 of the Limitation Act, 1963 if they file an appeal; no opinion expressed on merits.

Issue for consideration

Whether the attachment notice dated 25/08/2025 (Execution No.Ka.Raa.Sow.Sam.Sa.Ni/Sa.Sam.Sa.Ni/Va/A/78/2025-26) issued by the 3rd respondent in execution of the award should be quashed as null and void. +2 more

Ratio / Principle

Since the petitioners have an alternative and efficacious remedy under Section 46 of the Karnataka Souhardha Sahakari Act, 1997, the writ petition is dismissed, reserving liberty to the petitioners to approach the Appellate Authority in the manner known to law.

Key takeaways

If the petitioners apply for a certified copy of the award passed against them, the 2nd respondent is directed to issue the same within fifteen (15) days thereafter.ratio¶¶47
No opinion is expressed on the merits of the case; if an appeal is filed, the Appellate Authority shall decide it in the manner known to law without being influenced by the observations made in this order.obiter¶¶48
The petitioners shall be entitled to the benefit of Section 14 of the Limitation Act, 1963 in respect of time spent, if they file an appeal.

Detailed headnote1 paragraphs

High Court of Karnataka (Bengaluru), W.P. No. 30041 of 2025 (CS-RES), oral order dated 17 June 2026 by Justice M.I. Arun. Two petitioners challenged recovery/attachment proceedings initiated against them (attachment notice dated 25/08/2025, Execution No.Ka.Raa.Sow.Sam.Sa.Ni/Sa.Sam.Sa.Ni/Va/A/78/2025-26, Annexure-A, issued by the Recovery Officer/Assistant Registrar, R3) pursuant to an award dated 25/03/2025 in Case No.Ka.Raa.Sow.Sam.Sa.Ni/2166/2022-23 of the Deputy Registrar, Souhardha Co-operative Dispute Redresal Forum (R2), arising out of a loan advanced by respondent No.4 society (Shri Saraswathi Credit Souharda Sahakari Sanigha Niyamitha, Puttur); they also complained that a copy of the award was not furnished. Finding that the petitioners possessed an alternative and efficacious remedy under Section 46 of the Karnataka Souhardha Sahakari Act, 1997, the court DISMISSED the writ petition, reserved liberty to approach the Appellate Authority, directed R2 to issue the certified copy of the award within fifteen (15) days of application, extended the benefit of Section 14 of the Limitation Act, 1963 for any subsequent appeal, and expressly expressed no opinion on the merits, asking the Appellate Authority not to be influenced by its observations.

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 17^TH DAY OF JUNE, 2026

BEFORE

THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 30041 OF 2025 (CS-RES)

BETWEEN:

SMT. A. SHARATH M. W/O ANNU SAPALYA AGED ABOUT 64 YEARS, R/AT NO.4-70, AMBIKA NIVASA, NEHARU NAGARA, SRS ROAD, KABAKA VILLAGE, PUTTUR TALUK, DAKSHINA KANNADA - 574 203.

Digitally signed by SHARADAVANI B Location: High Court of Karnataka

MR. THUSHAR M. S/O ANNU SAPALYA AGED ABOUT 42 YEARS, R/AT NO.4-70, AMBIKA NIVASA, NEHARU NAGARA, SRS ROAD, KABAKA VILLAGE, PUTTUR TALUK, DAKSHINA KANNADA - 574 203.

(BY SRI. GOVINDARAJU K., ADVOCATE)

…PETITIONERS

AND:

THE STATE OF KARNATAKA, REPRESENTED BY ITS CHIEF SECRETARY, DEPARTMENT OF CO-OPERATIVE SOCIETIES, VIKASA SOUDHA, DR. B.R. AMBEDKAR VEEDHI, BANGALORE - 560 001.

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DEPUTY REGISTRAR, SOUHARDHA CO-OPERATIVE DISPUTE REDRESAL FORUM, KARNATAKA STATE SOUHARDHA SAMYUKTHA CO-OPERATIVE LTD., NO. 68, 1^ST FLOOR, 17^TH AND 18^TH CROSS ROAD, MARGOSA ROAD, MALLESHWARAM, BENGALURU - 560 055.

THE RECOVERY OFFICER AND THE ASSISTANT REGISTRAR OF SOCIETIES, KARNATAKA STATE SOUHARDHA SAMYUKTHA CO-OPERATIVE LTD., NO. 68, 1^ST FLOOR, 17^TH AND 18^TH CROSS ROAD, MARGOSA ROAD, MALLESHWARAM, BENGALURU - 560 055.

M/S. SHRI SARASWATHI CREDIT SOUHARDA SAHAKARI SANIGHA NIYAMITHA, DARBE, PUTTUR, DAKSHINA KANNADA - 574 203, REPRESENTED BY ITS GENERAL MANAGER. (REG. UNDER SOCIETIES ACT)

MRS. SOWMYA, D/O PARAMESHWAR SAPALYA, AGED ABOUT 35 YEARS, HOUSE NO. 1-20A, SAJIPA PADU HOUSE, SAJIPA PADU POST AND VILLAGE, BANTWAL, DK - 574 231.

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MR. DHANANJAYA, S/O PRAKASH B., AGED ABOUT 34 YEARS, H.NO. 1-184/A, SHREE ANUGRAHA NILAYA, BANNUR POST AND VILLAGE, PUTTUR TALUK, DK - 574 203.

…RESPONDENTS

(BY SRI. YOGESH D. NAIK, AGA FOR R1 TO R3; VIDE ORDER DATED 17.06.2026, NOTICE TO R4 TO R6 IS DISPENSED WITH)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT OR ORDER OR DIRECTION QUASH THE ATTACHMENT NOTICE DATED 25/08/2025 BEARING EXECUTION NO.KA.RAA.SOW.SAM.SA.NI/SA.SAM.SA.NI/VA/A/ 78/2025-26 VIDE ANNEXURE-A ISSUED BY THE 3^RD RESPONDENT AS NULL AND VOID AND ETC.,

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

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

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ORAL ORDER

The petitioners have challenged the recovery proceedings initiated against them for recovery of amounts due towards a loan said to have been advanced by respondent No.4 - Society. It is also alleged that though an award is passed against the petitioners, the 2^nd respondent has not made available a copy of the award to them. Hence, the writ petition is filed with the following

prayer:

"(i) issue a writ in the nature of Certiorari or any other appropriate writ or order or direction quash the attachment notice dated 25/08/2025 bearing Execution No.Ka.Raa.Sow.Sam.Sa.Ni/Sa. Sam.Sa.Ni/Va/A/78/2025-26 vide Annexure-A issued by the 3^rd respondent as null and void;

(ii) issue a writ in the nature of Mandamus or any other appropriate writ or order or direction, directing 2^nd respondent to issue certified copy of award dated 25/03/2025 passed in Case No.Ka.Raa.Sow.Sam.Sa.Ni/2166/2022-23 passed by the 2^nd respondent and other documents to the

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petitioner, enable him to filed appeal before appellate authority.

(iii) Grant such other further relief as may deem fit in the circumstances of the case;"

Learned Additional Government Advocate upon

instructions submits that award copy was made available to all the persons who wanted a copy of it. However, he further submits he has no objection for making it available once again.

It is also seen that the petitioners are having an alternative and efficacious remedy under Section 46 of the Karnataka Souhardha Sahakari Act, 1997.

As the petitioners are having an alternative and efficacious remedy, the writ petition is hereby dismissed reserving liberty to the petitioners to approach the Appellate Authority in the manner of the law.

If the petitioners were to make an application for grant of certified copy of the award passed against

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them, the 2^nd respondent is directed to issue the same within fifteen (15) days thereafter.

It is hereby made clear that no opinion is expressed on the merits of the case and if an appeal were to be filed, the Appellate Authority shall decide the same in the manner known to law, without being influenced by any of the observations made herein above.

The petitioners shall also be entitled to the

benefit of Section 14 of the Limitation Act, 1963, if any appeal were to be filed by them.

Sd/(M.I.ARUN) JUDGE

MCR

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