- 1 - NC: 2025:KHC-D:5328-DB WA No. 100149 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 24TH DAY OF MARCH, 2025 PRESENT THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT APPEAL NO.100149 OF 2025 (GM-RES) BETWEEN: PRAKASH G.RAYKARA S/O. GOKULDASA RAYAKARA, MAJOR, WARD NO.8, PRASHANTHA NAGARA, GANGAVATHI-583227. …APPELLANT (BY SRI B. MOHAMMED ALI, ADVOCATE) AND: 1. M/S. MANAVI PATTANA SOUHARDHA SAHAKARI BANK NI., WARD NO.19 M.NO.4-5-95-100, VADDAR ONI, BUS STAND ROAD, GANGAVATHI-583227, REPRESENTED BY ITS AUTHORISED OFFICER, K.A. VIGNESHWARAN, AGE. 56 YEARS, OCC. AUTHORISED OFFICER. 2. THE DISTRICT SUPERINTENDENT OF POLICE, KOPPAL DISTRICT, KOPPAL-583231, HARAPANAHALLI TALUK. 3. CIRCLE INSPECTOR OF POLICE, GANGAVATHI TOWN POLICE STATION, GANGAVATHI-583227. 4. THE TAHSILDHAR, GANGAVATHI, KOPPAL DISTRICT, KOPPAL-583231. Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:5328-DB WA No. 100149 of 2025 5. JANTHKAL NAGARAJA S/O. JANTHKAL AYYAPPA (MAJOR), WARD NO.28, NEAR ERANNA TEMPLE, HIREJANTHKAL, GANGAVATHI-583227. 6. RAGHAVENDRA G.RAYKARA S/O. GOKULDASA RAYKARA (MAJOR), WARD NO.8 PRASHANTHA NAGARA, GANGAVATHI-583227. 7. GANGADHARA S/O. BASAPPA VANDALA (MAJOR), WARD NO.5 KILLA AREA, GANGAVATHI-583227. …RESPONDENTS THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING TO, ALLOW THE APPEAL AND SET ASIDE THE ORDER DATED 27.01.2025 PASSED BY THE SINGLE JUDGE IN WRIT PETITION NO.107427/2024 (GM-RES), IN THE INTEREST OF JUSTICE AND EQUITY AND ETC.,. THIS WRIT APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MR. JUSTICE C.M. POONACHA - 3 - NC: 2025:KHC-D:5328-DB WA No. 100149 of 2025 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE S G PANDIT) The appellant/respondent No.5 is in intra-Court appeal under Section 4 of the High Court Act, 1961, aggrieved by the order dated 27.01.2025, passed in W.P No.107427/2024 by the learned Single Judge, wherein, respondents No.1 to 3 are directed to assist the Tahashildar in taking possession of subject property immediately after petitioner makes the written request in that regard. 2. The parties would be referred to as per their rankings before the Writ Court. 3. The petitioner/respondent No.1 herein was before the learned Single Judge praying for writ of mandamus to the State Authorities to give necessary assistance to execute the order dated 18.03.2024 passed under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 20021. The appellant/respondent No.5 - borrower is before this Court questioning the direction issued by the learned Single Judge to 1 Hereinafter referred to as the ‘SARFAESI Act’ - 4 - NC: 2025:KHC-D:5328-DB WA No. 100149 of 2025 implement the order passed under Section 14 of the SARFAESI Act. Admittedly, the recovery proceeding under SARFAESI Act is initiated against the appellant/respondent No.5, by enforcing the security interest on the property mortgaged to the petitioner/respondent No.1. 4. Section 17 of the SARFAESI Act provides alternate remedy to the petitioner. Since the petitioner is provided with alternate remedy, we decline to exercise our writ appellate jurisdiction. Unless the appellants question the order passed under Section 14 of the SARFAESI Act, he cannot prevent implementation of the said statutory order. Accordingly, the writ appeal stands disposed of. 5. In view of disposal of writ appeal, pending I.A’s, if any, does not survive for consideration and are accordingly disposed of. Sd/- (S G PANDIT) JUDGE Sd/- (C.M. POONACHA) JUDGE PMP List No.: 1 Sl No.: 12