Yogish Vyasaraya Acharya Vs the Authorized Officer — Writ and Judicial Review | Karnataka HC (2026)

Yogish Vyasaraya Acharya Vs the Authorized Officer — Writ and Judicial Review | Karnataka HC (2026)

What the court decided

AI extract

Outcome

None on merits; liberty reserved to the petitioner to approach the Appellate Authority in the manner known to law, with the benefit of Section 14 of the Limitation Act, 1963 if an appeal is filed; no opinion expressed on the merits.

Issue for consideration

Whether the writ petition challenging the recovery proceedings and the sale notice dated 17.09.2025 (C.E.P No./AREUBF/40/2018-19) 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. +1 more

Court's answer

The petitioner has an alternative and efficacious remedy under Sections 105 and 106 of the Karnataka Co-operative Societies Act, 1959, and on that ground the writ petition is not entertained.

Ratio / Principle

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

Key takeaways

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 any observations made in this order.ratio¶43
The petitioner shall be entitled to the benefit of Section 14 of the Limitation Act, 1963 if he files an appeal.ratio¶45

Detailed headnote1 paragraphs

Writ petition under Articles 226 and 227 of the Constitution of India by a borrower challenging the sale notice dated 17.09.2025 bearing No. C.E.P No./AREUBF/40/2018-19 issued by the Assistant Registrar and Recovery Officer, Co-operative Societies (respondent No.2) in recovery proceedings for a loan advanced by Udupi Co-operative Town Bank Ltd. (respondent No.1), alleging violation of natural justice. The High Court (M.I. Arun, J.) held that the petitioner had an alternative and efficacious remedy under Sections 105 and 106 of the Karnataka Co-operative Societies Act, 1959 and dismissed the writ petition, reserving liberty to approach the Appellate Authority, granting the benefit of Section 14 of the Limitation Act, 1963 for any such appeal, and expressly expressing no opinion on the merits.

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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. 34147 OF 2025 (CS-RES)

BETWEEN:

YOGISH VYASARAYA ACHARYA SON OF VYASARAYA, AGED ABOUT 59 YEARS, RESIDENT OF 4-2-26C, SHRAVAN NIVAS, NANDA VIHAR ROAD, AMBALAPADY, UDUPI, KARNATAKA - 576 103.

…PETITIONER

(BY SRI. VACHAN G A.,ADVOCATE (ABSENT))

AND:

Digitally signed by SHARADAVANI B Location: High Court of Karnataka

THE AUTHORIZED OFFICER UDUPI CO-OPERATIVE TOWN BANK LTD., BHASKAR SOWDHA MAIN ROAD, KAUP, UDUPI - 574 106.

THE ASSISTANT REGISTRAR AND RECOVERY OFFICER, CO-OPERATIVE SOCIETIES, BENGALURU - 560 027.

GOPALAKRISHNA ACHARYA, SON OF VNK ACHARYA, AGED MAJOR, RESIDENT OF NO.3-36, GEETHA NILIYA, NAYAMPALLI, 4^TH MAIN ROAD, UDUPI, KARNATAKA - 576 105.

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SMT. SHOBA JATTAN, WIFE OF GOVINDA PUJARI, AGED MAJOR, RESIDENT OF MANHOLIGUJJI POST, KUNJIBETTA, UDUPI - 576 102.

…RESPONDENTS

(BY SRI.YOGESH.D.NAIK., AGA FOR R2)

THIS WRIT PETITIION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TODIRECT THE RESPONDENT BANKER TO STOP ALL FURTHER PROCESS OF SALE NOTICE DATED 17.09.2025 BEARING NO. C.E.P NO./AREUBF/40/2018-19 ISSUED BY THE 2^ND RESPONDENT PRODUCED ANNEXURE-A AND ETC.,

THIS PETITION, COMING ON FOR ORDERS THROUGH

VIDEO CONFERENCING / PHYSICAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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

ORAL ORDER

The learned counsel for the petitioner is absent.

The petitioner has challenged the recovery

proceedings initiated against him by respondent No.2 for recovery of the loan advanced by respondent No.1-

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Society. The writ petition is filed with the following prayers:

"i. Issue a Writ of Mandamus directing the Respondent Banker to stop all further process of Sale notice dated 17.09.2025 bearing No.C.E.P No./AREUBF/40/2018-19 issued by the 2^nd Respondent produced Annexure-'A'.

ii. Issue a Writ of Certiorari to quash the order passed in C.E.P No./AREUBF/40/2018-19 dated 17.09.2025 issued by the 2^nd Respondent produced at Annexure-'A' is being violative of the principles of Natural Justice;

iii. Grant such other relief or reliefs as this Hon'ble Court deems fit and proper at the circumstances of the case in the interest of justice and equity."

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.

For the aforementioned reasons, the Writ petition is hereby dismissed , reserving liberty to the

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petitioner to approach the Appellate Authority in the manner known to law.

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 petitioner shall also be entitled to the

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

Sd/(M.I.ARUN) JUDGE

CH

List No.: 1 Sl No.: 32