- 1 - NC: 2025:KHC:7610 WP No. 16695 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 16695 OF 2021 (GM-DRT) BETWEEN: 1. UDAY GUNIYA TANDEL S/O GUNIYA TANDEL, H.N.NO.1095, MANJUGUNI, ANKOLA-581 353. DIST: UTTARA KANNADA, AGED ABOUT 47 YEARS. 2. MANJUNATH GUNIYA TANDEL S/O GUNIYA TANDEL, H.N.NO.1095, MANJUGUNI, ANKOLA-581 353. DIST: UTTARA KANNADA. AGED ABOUT 46 YEARS. 3. MANOHAR GUNIYA TANDEL, S/O GUNIYA TANDEL, AGED ABOUT 45 YEARS, H.N.NO.1095, MANJUGUNI ANKOLA-581 353. DIST: UTTARA KANNADA. …PETITIONERS (BY SRI. MOHAMMED SULTAN BEARY., ADVOCATE FOR SMT. HEGDE SUMANA MAHADEV., ADVOCATE) AND: 1. THE KARNATAKA BANK LIMITED, REGD AND HEAD OFFICE, MAHAVEERA CIRCLE, KANKANADY, MANGALORE-575 002. REPTD. BY ITS CHIEF MANAGER T AUTHORIZED OFFICER, Digitally signed by PREMCHANDRA M R Location: High Court of Karnataka - 2 - NC: 2025:KHC:7610 WP No. 16695 of 2021 ASSET RECOVERY MANAGEMENT BRANCH, REPRESENTED BY THE GENERAL/ ASSISTANT MANAGER, CTS NO.122/108P.B.NO.499, BUILDING, 3RD FLOOR, NEW COTTON MARKET, HUBLI-580 029. 2. THE KARNATAKA BANK REPRESENTED BY THE GENERAL/ ASSISTANT MANAGER, CTS NO.122/108 P.B.NO.499, BUILDING, 3RD FLOOR, NEW COTTON MARKET, HUBLI-580 029. …RESPONDENTS (BY SRI. BHARAT KUMAR.S., ADVOCATE FOR SRI. GANESH.A., ADVOCATE FOR R1) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. THIS WRIT PETITION IS LISTED FOR ORDERS, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER Sri.Mohammed Sultan Beary., counsel on behalf of Smt.Hegde Sumana Mahadev., for the petitioners and Sri.Bharat Kumar., counsel on behalf of Sri.Ganesh.A., for respondent No.1 have appeared in person. 2. The captioned Writ Petition is filed seeking following reliefs: - 3 - NC: 2025:KHC:7610 WP No. 16695 of 2021 A. Issue a Writ of Certiorari or any other Writ or order or direction to set aside the order dated:27.11.2020 in S.A.No.246/2462020 by the DRT vide Annexure-E. B. Issue a Writ or order or directions to set aside the initiation of all proceedings from inception under SARFAESI Act against the loan granted in respect of Unsecured Assets for Public Notice of Sale Dated:15.09.2021 vide Annexure-C and Second Notice dated:11.08.2021 vide Annexure-F and the symbolic possession of property dated:18.08.2020 vide D suit schedule be null and void. 3. Counsel for the respective parties urged several contentions. Heard the arguments and perused the Writ papers with care. 4. The sale notice dated:13.10.2020 was called into question before the DRT in S.A.No.246/2020. Taking note of the submission made by the Bank that the Sale did not take place for want of bidders, the DRT dismissed the appeal as infructuous. The dismissal of the appeal as infructuous is just and proper. - 4 - NC: 2025:KHC:7610 WP No. 16695 of 2021 As far as prayer B in the Writ Petition is concerned, the petitioner has alternate statutory remedy. The sale notices cannot be questioned by invoking the Writ jurisdiction. Needless to say that if a person is aggrieved by the sale notice, he/ she must approach the DRT under Section 17 of the SARFAESI Act. Hence, I declined to exercise power under Writ jurisdiction. 5. Resultantly, the Writ Petition is dismissed. Sd/- (JYOTI MULIMANI) JUDGE MRP List No.: 2 Sl No.: 6