NINGAPPA D v. THE KARNATAKA STATE CO-OPERATIVE
Case at a glance
- Bench
- M I ARUN
- Neutral citation
- 2026:KHC:27482
Outcome
Dismissed
efficacious remedy, the writ petition is hereby dismissed,
Provisions considered
- Constitution of India arts. 226, 227
- Karnataka Co-operative Societies Act, 1959 ss. 105, 106
Key paragraphs
- Para 33. As the petitioner is having an alternative and efficacious remedy, the writ petition is hereby dismissed, reserving the liberty to the petitioner to avail the alternative remedy in the manner known to law. If any appeal were to be filed, the time spent by…
Judgment
THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 3860 OF 2025 (CS-RES) …PETITIONER BETWEEN: NINGAPPA D. S/O CHALGERI DURGAPPA, AGED ABOUT 86 YEARS, OCCUPATION- RETIRED, RESIDING AT 2ND MAIN, 10TH CROSS, VIJANAGARA BADAVANE, HARIHARA, DAVANGERE- 577601. (BY SRI. CHETAN JADHAV, ADVOCATE) AND:
THE KARNATAKA STATE CO-OPERATIVE HOUSING FEDERATION LTD., (REG. UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT, 1959) REPRESENTED BY MANAGING DIRECTOR, NO.3, S. KARIYAPPA ROAD, BASAVANAGUDI, BANGALORE-560001.
THE ASSISTANT REGISTRAR OF COOPERATIVE SOCIETIES, DAVANGERE SUB-DIVISION, - 2 - NC: 2026:KHC:27482 WP No. 3860 of 2025 HC-KAR OPP. TO ANJANEYASWAMY TEMPLE, VIDYANAGARA, DAVANAGERE- 577001. (BY SRI. ANANDA K., ADVOCATE FOR R1; SMT. SPOORTHY V., HCGP FOR R2) …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE AWARD PASSED BY THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, DAVANGERE/RESPONDENT-2 ON 10.04.2023 THEREBY AWARDING THE RESPONDENT A SUM OF RS.4,52,100 VIDE ANNEXURE-G BEARING CASE NO.AN(V AND E)/D2/MD/03/2022-23 DATED 10.04.2023 AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP THROUGH VIDEO CONFERENCING / PHYSICAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN - 3 - NC: 2026:KHC:27482 WP No. 3860 of 2025 HC-KAR ORAL ORDER Proceedings have been initiated against petitioner for recovery of the loan advanced by respondent No.1 - Co-operative Society Bank and an award has been passed against him. Aggrieved by the same, the present writ petition is filed.
2. The learned counsel appearing for respondent No.1 as well as the learned High Court Government Pleader, upon instructions, submit that the petitioner is having an alterative and efficacious remedy under Sections 105 and 106 of the Karnataka Co-operative Societies Act,
Operative part
As the petitioner is having an alternative and efficacious remedy, the writ petition is hereby dismissed, reserving the liberty to the petitioner to avail the alternative remedy in the manner known to law. If any appeal were to be filed, the time spent by the petitioner prosecuting the instant writ petition shall be condoned by - 4 - NC: 2026:KHC:27482 WP No. 3860 of 2025 HC-KAR the Appellate Authority. Further, the respondents are directed not to initiate any precipitative action against the petitioner for a period of four (04) weeks from today. It is hereby made clear that no opinion is expressed on the merits of the case and the Appellate Authority shall decide the appeal in accordance with law without being influenced by any of the observations made herein above. Sd/- (M.I.ARUN) JUDGE CH List No.: 1 Sl No.: 48
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: efficacious remedy, the writ petition is hereby dismissed,
Which statutory provisions did this judgment involve?
Constitution of India — arts. 226, 227; Karnataka Co-operative Societies Act, 1959 — ss. 105, 106.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.