- 1 - HC-KAR NC: 2025:KHC-D:18743 WP No. 110104 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 30TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE R.NATARAJ WRIT PETITION NO.110104 OF 2025 (GM-DRT) BETWEEN: AHMAD ABDULAJABBARSAB HOSPET, S/O ABDULAJABBARSAB, AGED ABOUT 47 YEARS, R/AT. WARD NO.07, HOUSE NO. #542, ILKAL, NEAR GOVT HOSPITAL, ILKAL, KARNATAKA-587125. - PETITIONER (BY SRI. BASAVARAJ MATHAPATI, ADVOCATE THROUGH V.C.) AND: THE AUTHORIZED OFFICER, BAJAJ FINANCE LIMITED, (A REGISTERED FINANCIAL BODY) REGIONAL OFFICE, HAVING ADDRESS AT: MALAGI COMPLEX, GANDHI NAGAR, BILAGI, BAGALKOT, KARNATAKA-587101, REPRESENTED BY ITS AUTHORIZED OFFICER - RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA 1950, PRAYING TO ISSUE A WRIT OF CERTIORARI TO QUASH THE POSSESSION NOTICE DATED 09.12.2025 ISSUED BY THE RESPONDENT VIDE ANNEXURE-A & ETC. THIS WRIT PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE R.NATARAJ CHANDRASHEKAR LAXMAN KATTIMANI Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka, Dharwad Bench Date: 2025.12.30 16:57:30 +0530 - 2 - HC-KAR NC: 2025:KHC-D:18743 WP No. 110104 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE R.NATARAJ) The respondent is a private financial agency which appears to have initiated proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short, ‘The SARFAESI Act’, 2002), which is challenged in this writ petition. 2. When this Court queried the learned counsel for the petitioner as to how the writ petition is maintainable as against private financial agency, he submits that since the respondent has initiated provisions of the SARFAESI Act, 2002, the writ petition is maintainable. 3. The respondent is neither a ‘State’ nor ‘instrumentality of the State’ or other agency against whom this Court can exercise jurisdiction under Article 226 of the Constitution of India. In that view of the matter, this Writ Petition is - 3 - HC-KAR NC: 2025:KHC-D:18743 WP No. 110104 of 2025 dismissed as not maintainable. It is however open for the petitioner to avail any other remedy available in law. Sd/- (R.NATARAJ) JUDGE BVV, CT:VP LIST NO.: 1 SL NO.: 4