Karnataka High Court
Smt Asha S Saliyan v. The State of Karnataka
2026:KHC:27814 · WP/26513/2025
- Decision date
- 2026-06-10
- Text availability
- Full text
- Judges
- M. I. Arun
Source: Indian High Court Judgments, AWS Open Data (CC BY 4.0) ↗
Connected provisions and cases
No further provision or case links are recorded.
Judgment text
- 1 - NC: 2026:KHC:27814 WP No. 26513 of 2025 HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 26513 OF 2025 (CS-RES) BETWEEN: 1. SMT. ASHA S. SALIYAN W/O MR.SURSH PUTHRAN AGED ABOUT 51 YEARS HOUSE NO.1-24, AKSHYA NILAYA KUNTABETTU, BELMANU KARKALA TALUK-576 111 …PETITIONER (BY SRI. K. SHASHIKANTH PRASAD, ADVOCATE) AND: 1. THE STATE OF KARNATAKA Digitally DEPARTMENT OF CO-OPERATIVE SOCIETY signed by V VIDHANA SOUDHAMANJUSHA BAI DR.AMBEDKAR VEEDHI Location: BENGALURU-560 001 HIGH REP. BY CHIEF EXECUTIVE COURT OF KARNATAKA 2. THE RECOVERY OFFICER (NI 441) AND ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETY KA.RA.SOW.SUM.SA.NI. BENGALURU-560 001 REPRESENTED BY THE ASSISTANT RIGISTRAR - 2 - NC: 2026:KHC:27814 WP No. 26513 of 2025 HC-KAR 3. SHRI MOOKAMBIKA VIVIDODDESHA SOWHARDA SAHAKARI SANGHA (N) KUNDAPURA, [REG. UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT] JULIE-YO RESIDENCY GROUND FLOOR, ANKADA KATTE N.H.66, HANGALURU-576 217 KUNDAPURA DISTRICT REP. BY BRANCH MANAGER 4. MR. LATHISH KANCHAN S/O MR. SHEKAR KANCHAN AGED ABOUT 40 YEARS BEHIND KRISHNA MANDIR BAILAKERE, MALPE-576 108 UDUPI TALUK 5. MR. RAGHAVENDRA KANCHAN W/O MR.SHEKAR KANCHAN AGED ABOUT 42 YEARS HOUSE WIFE BEHIND KRISHAN MANDIR BAILKERE, MALPE UDUPI TALUK-576 108 …RESPONDENTS (BY SMT. SPOORTHI V., HCGP FOR R1 & R2; SRI. PRADEEP NAIK K., ADVOCATE FOR R3;
VIDE ORDER DATED 02.09.2025 NOTICE TO R4 & R5 IS DISPENSED WITH) THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE AUCTION NOTICE IN FORM NO-8 AND 9 DATED 09.07.2025 IN - 3 - NC: 2026:KHC:27814 WP No. 26513 of 2025 HC-KAR EXECUTION PETITION NO.KA.RA.SOW.SUM.SA.NI/SA.SUM.SA. NI/VA,AA/423/2024-25 FOR THE AUCTION TO BE HELD ON 08.09.2025 ISSUED BY RESPONDENT NO.2 (ANNEXURES-A AND B) AND ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER 1. The petitioner has challenged the auction notice issued in furtherance of the award passed in respect of a default committed in repayment of a loan. 2. Learned High Court Government Pleader upon instructions, submits that, the petitioner is having an alternative and efficacious remedy under Sections 105 and 106 of the Karnataka Co-operative Societies Act, 1959. 3. As the petitioner is having an alternative and efficacious remedy, the petition stands dismissed reserving the liberty to the petitioner to avail the alternative remedy in accordance with law. - 4 - NC: 2026:KHC:27814 WP No. 26513 of 2025 HC-KAR If the petitioner were to prefer an appeal, the appellate authority shall condone the delay equivalent to the time spent by the petitioner in pursuing the instant writ petition. Sd/- (M.I.ARUN) JUDGE PGG
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