HIDAYAT S/O GANISAB RANEBENNUR vs THE ASSISTANT REGISTRAR OF CO OP SOCIETIES, BELAGAVI
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC-D:16280
WP No.109343 of 2025
C
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CNR: KAHC020243012025
IN THE HIGH COURT OF KARNATAKA
AT DHARWAD
TH
DATED THIS THE 30 DAY OF SEPTEMBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE M.G.S. KAMAL
WRIT PETITION NO.109343 OF 2025 (CS-DAS)
C/W
WRIT PETITION NO.104161 OF 2026 (S-DIS)
IN WP No.109343/2025:
BETWEEN:
HIDAYAT S/O. GANISAB RANEBENNUR,
AGE: 44 YEARS, OCC: BUSINESS,
R/O: H.NO.17, K.E.B ROAD, KONEWADA,
KARWAR – 581 301.
…PETITIONER
(BY SRI. RAM P. GHORPADE, ADVOCATE)
AND:
1. THE ASSISTANT REGISTRAR OF CO OP SOCIETIES,
BELAGAVI, 1119/B, KANBARGI INDUSTRIAL AREA,
NEAR RURAL AYURVEDIC COLLEGE,
AUTO NAGAR, BELAGAVI – 590 015.
Digitally
signed by
SAROJA
HANGARAKI
Location:
HIGH
COURT OF
KARNATAKA
DHARWAD
BENCH
SAROJA
HANGARAKI
2. SHANTIKA SAUHARDA SAHAKARI NIYAMIT,
BY ITS CHIEF EXECUTIVE OFFICER,
VASUDEV BUILDING, KARWAR ROAD,
TQ: ANKOLA, DIST: UTTARA KANNADA - 50301.
3. MUSKAN W/O. HIDAYAT RANEBENNUR,
AGE: 40 YEARS, OCC: HOUSE WIFE,
R/O: H.NO.17, K.E.B ROAD, KONEWADA,
KARWAR – 581 301.
4. NAZIR S/O. GANISAB RANEBENNUR,
AGE: 44 YEARS, OCC: BUSINESS,
R/O: H.NO .17, K.E.B. ROAD, KONEWADA,
KARWAR – 581 301.
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…RESPONDENTS
(BY SRI. VISHWANATH HEGDE, ADVOCATE FOR R2;
NOTICE TO R3 & R4 IS DISPENSED WITH;
SRI. ASHOK T. KATTIMANI, AGA FOR R1)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN THE
NATURE OF CERTIORARI QUASHING THE IMPUGNED ORDER IN JRD/
K.R.S.S.N / 1123/2023-24 BY ITS ORDER DATED 21.06.2024 VIDE
ANNEXURE-A, PASSED BY THE RESPONDENT NO. 1 AND ETC.
IN WP NO.104161/2026:
BETWEEN:
1. VITTAL S/O. NAGAPPA KINI,
AGE: 73 YEARS, OCC: BUSINESS,
R/O:AMEENABHI RESIDENCY PHASE-II,
BAADA VILLAGE BAADA CIRCLE,
GANDHINAGAR,
KARWAR, UTTAR KANNADA – 581 301.
2. SHAIKHUMER SHAIKH
S/O. AMEERALISHAIKH,
AGE: 60 YEARS, OCC: BUSINESS,
R/O:AMEENABHI RESIDENCY PHASE-II
BAADA VILLAGE BAADA CIRCLE
GANDHINAGAR,
KARWAR, UTTAR KANNADA – 581 301.
3. MOHAMMED AKTHAR SHAIKH
S/O. SHAIKH ISMAIL,
AGE: 54 YEARS, OCC: STREET VENDER,
R/O:AMEENABHI RESIDENCY PHASE-II
BAADA VILLAGE BAADA CIRCLE
GANDHINAGAR,
KARWAR, UTTAR KANNADA – 581 301.
4. NASHIR NAZEER KHAN,
AGE: 53 YEARS, OCC: HP GAS AGENCY,
R/O:AMEENABHI RESIDENCY PHASE-II
BAADA VILLAGE BAADA CIRCLE,
GANDHINAGAR,
KARWAR, UTTAR KANNADA – 581 301.
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5. SMT. AYISHA W/O. NASEER KHAN,
AGE: 43 YEARS, OCC: HOUSEHOLD,
R/O: AMEENABHI RESIDENCY PHASE-II
BAADA VILLAGE BAADA CIRCLE GANDHINAGAR,
KARWAR, UTTAR KANNADA – 581 301.
6. SMT. TABASSUM SAYYED W/O. SAYYED HUSSAIN,
AGE: 45 YEARS, OCC: HOUSEHOLDER,
R/O: AMEENABHI RESIDENCY PHASE-II
BAADA VILLAGE BAADA CIRCLE,
UTTAR KANNADA – 581 301.
7. SMT. NAZIYA BEGAM MAHAMMAD FAROOQ SHAIKH,
GE: 45 YEARS, OCC: HOUSEHOLD,
R/O:AMEENABHI RESIDENCY PHASE-II
BAADA VILLAGE BAADA CIRCLE,
GANDHINAGAR,
KARWAR, UTTAR KANNADA – 581 301.
8. NADEEM S/O. NURODDIN QURAISHI,
AGE: 50 YEARS, OCC: BUSINESS,
R/O:AMEENABHI RESIDENCY PHASE-II
BAADA VILLAGE BAADA CIRCLE,
GANDHINAGAR
KARWAR, UTTAR KANNADA – 581 301.
9. WASI RAFIULLHA AHMED
S/O. RAFIULLHA AHMED,
AGE: 58 YEARS, OCC: BUSINESS,
R/O: AMEENABHI RESIDENCY PHASE-II
BAADA VILLAGE BAADA CIRCLE,
GANDHINAGAR,
KARWAR, UTTAR KANNADA – 581 301.
…PETITIONERS
(BY SRI VENKATESH M. KHARVI, ADVOCATE)
AND
1. THE DEPUTY REGISTER OF CO-OPERATIVE SOCIETY,
BELAGAVI, 119/B, KANBARAGI INDUSTRIAL AREA,
NEAR RURAL AYURVEDIC COLLEGE, AUTO NAGAR,
BELAGAVI – 590 015.
2. THE RECOVERY OFFICER AND
ASSISTANT REGISTRAR OF CO-OPERATIVE
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SOCIETY, KARNATAKA RAJYA SAUDHARDA
SAYMUKTA SAHAKARI NIGAM, BENGALORE.
3. THE SALE OFFICER,
SHANTIKA SAUHARDHA SAHAKARI
SANGH NIYAMITA,
VASUDEV BUILDING, KARWAR ROAD,
ANKOLAM KARWAR,
DIST: UTTARA KANNADA – 581 301.
4. HIDAYAT S/O. GANISAB RANEBENNUR,
AGE: 44 YEARS OCC: BUSINESS,
R/O: HOUSE NO. 17 KEB ROAD KONEWAD,
KARWAR, DIST: UTTAR KANNADA – 581 301.
5. SHANTIKA SAUHARDA SAHAKARI NIYAMITA,
BY/ITS CHIEF EXECUTIVE OFFICER,
VASUDEV BUILDING,
KARWAR ROAD – 581 301,
ANKOLA.
…RESPONDENTS
(BY SRI. ASHOK T. KATTIMANI, AGA FOR R1 & R2;
SRI. RAM P. GHORPADE, ADVOCATE FOR R4;
SRI. VISHWANATH HEGDE, ADVOCATE FOR R3 & R5)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT OR ORDER
IN THE NATURE OF CERTIORARI TO SET ASIDE THE IMPUGNED
SALE NOTICE ISSUED BY RESPONDENT NO.-2 DATED 21/05/2026
VIDE ANNEXURE F THROUGH KARAVALI MUNJAVU DAILY NEWS
PAPER EDITION FROM KARWAR IN E.P NO. 1544/2024-25 SL NO.1
IN SY. NO. 1356A/9 MEASURING 10 GUN-TAS SITUATED BAAD-III
BAAD VILLAGE KARWAR IN THE NAME OF RESPONDENT NO.4 IN THE
INTEREST OF JUSTICE AND EQUITY AND ETC.
THESE WRIT PETITIONS, COMING ON FOR PRELIMINARY
HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL
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ORAL ORDER
1. W.P.No.109343/2025 is filed by principal borrower who is
arrayed as respondent No.1 in recovery proceedings
initiated by respondent No.2/bank before respondent No.1/
Assistant Registrar of Co-operative Societies being
aggrieved by the award dated 21.06.2024 as per
Annexure-A. In terms of which, respondent No.1 has
directed the petitioner and respondent Nos.3 and 4 herein
to pay a sum of Rs.3,43,49,136/- together with interest at
14% per annum. It has also directed for realization of the
amount by attachment and sale of land mentioned in the
schedule to the said award.
2. Admitted facts of the matter are that the petitioner herein
had availed cash credit facility from respondent No.2 in a
sum of Rs.3,00,00,000/-. Non repayment of said amount
as per the schedule, constrained respondent No.2 to
initiate the proceedings under section 39 of the Karnataka
Souharda Co-operative Act, 1997 (“the Act” for short), in
JRD/K.R.S.S.N/1123/2023-24, against the petitioner and
respondent Nos.3 and 4 herein, before respondent No.1,
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for appropriate orders including recovery of the amount by
sale of the immovable property described in the petition
therein.
3. Evidence was led in before respondent No.1 on behalf of
respondent No.2 and documents were marked. Though
respondent Nos.3 and 4 were represented by a counsel
before respondent No.1, they have neither led any
evidence nor cross-examined the witness. Consequently,
by order dated 21.06.2024, respondent No.1 allowed the
petition, directing payment of Rs.3,43,49,136/- with
interest at 14% as noted above, to be recovered jointly
and severally from petitioner and respondent No.3 and 4
herein. Failure of which, it was further directed to recover
the said amount by attachment of salary, movable and
immovable properties. No appeal has been preferred
against the said order. Instead the petitioner has
approached this Court directly.
4. Petition in W.P.No.104161/2026 is filed by petitioners who
claim to have purchased certain flats in the residential
apartment/complex known as Ameenabi Residency, Phase-
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II, Baad-III, Baad Village which is constructed on the
property bearing Sy.No.1356 A-9 measuring 10 guntas,
being aggrieved by auction notice issued by respondent
No.2 as per Annexure-F in W.P.No.104161/2026.
bonafide
5. It is their case that they are the purchasers of the
flats from one Hidayat the principal borrower who is the
petitioner in W.P.No.109343/2025 and respondent No.4 in
W.P.No.104161/2026.
6. This Court by order dated 08.12.2025 taking on record the
submission made by the petitioner in W.P.No.109343/2025
of he being ready and willing to pay/deposit Rs.1.5 crores
on or before 18.12.2025 had granted interim relief staying
operation of the award. It was made clear that in the event
of petitioner failing to deposit an amount as undertaken,
the interim order granted then would automatically stand
vacated and petition itself would be dismissed without any
further indulgence being shown.
7. The said order has not been complied with. However, the
same has been prolonged and procrastinated till now. On
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21.09.2026, after hearing learned counsel for the parties,
this Court passed the following order.
“At the request of the learned counsel for the
petitioner, finally, re-list on 30.09.2026.
If the petitioner is willing to make the
payment, he is at liberty to do the same by the
next date of hearing.
It is made clear that, if no payment is made or
no bona fides are shown, appropriate ordr will be
passed.
Interim order granted earlier shall stand
extended till the next date of hearing.”
8. Even today, neither there is any payment nor there is any
willingness to make the payment. Learned counsel for the
petitioner, however submits that, petitioners have thus for
paid an aggregate sum of Rs.44,00,000/-.
9. The award amount being in excess of Rs.4,00,00,000/- and
in the absence of any challenge to the award and further
failure to comply with the undertaking given before this
Court almost a year ago, this Court do not see any reason
to show any indulgence in this matter, which would cause
impediment in giving effect to the award passed by
respondent No.1 in recovering the public due.
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10. In that view of the matter, both the petitions are
dismissed.
11. Notwithstanding the dismissal of the petitions, the
petitioners are at liberty to approach respondent No.2/Co-
operative Bank and seek for resolving the matter by
repaying the amount, if so advised.
12. If petitioners approach offering to repay the dues,
respondent No.2 shall furnish all the account details and
outstanding amount as may be requisition by the
petitioners.
13. In view of disposal of the petition, pending applications, if
any, do not survive for consideration and the same are
accordingly disposed of.
Sd/-
(M.G.S. KAMAL)
JUDGE
EM
CT: ASC
List No.: 1 Sl No.: 8