- 1 - NC: 2025:KHC-D:4817 WP No. 101752 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 17TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 101752 OF 2025 (GM-RES) BETWEEN: M/S. SAI SHANKAR STONE CRUSHER, REPRESENTED BY ITS PROPRIETOR, SRI . NEKKANTI SRINIVAS RAO, AGE. 52 YEARS, OCC. BUSINESS, FIRST FLOOR, NO.27, WARD NO. 35, HAVAMBAVI, SIRUGUPPA ROAD, ASHOK NAGAR, BALLARI-583 103. …PETITIONER (BY MIS.PRIYANKA.Y.UPADYA., ADVOCATE FOR SRI. SRINAND.A.PACHHAPURE., ADVOCATE) AND: 1. CANARA BANK CAR STREET BRANCH, BALLARI, (EARLIER IT WAS SYNDICATE BANK NOW MERGED WITH CANARA A BANK CONSTITUTED AND FUNCTIONING UNDER THE BANKING COMPANIES (ACQUISITION AND TRANSFER OF UNDERTAKING) ACT HAVING ITS HEAD OFFICE SITUATED AT MANIPAL, DIST: UDUPI-576 104. HAVING ITS BRANCH OFFICE AT BALLARI, BY ITS PRINCIPAL OFFICER, BRANCH MANAGER, CANARA BANK, CAR STREET BRANCH, BALLARI-583 101. REPRESENTED BY ITS AUHORIZED OFFICER /DEPUTY GENERAL MANAGER, HEAD OFFICE, MRS. MALTHI N W/O R.HANUMESH. Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:4817 WP No. 101752 of 2025 2. SRI ALLABAKSH MUNNA S/O B.DADASAB, AGE. MAJOR, R/O. BANDIHATTI, PAATHAKANDIKAM STREET, WARD NO.7, DOOR NO.189, COWL BAZAAR, BALLARI-583 102. 3. SRI. KANTAMANENI RAMESH S/O KANTAMANENI SHASHAGIRI RAO, AGE. MAJOR, R/O PLOT NO.1, WARD NO. 25, INFRANTRY ROAD, NEAR BMM OFFICE, INNA REDDY, 1ST CROSS, BALLARI-583 104. 4. SRI. K.RAMESH S/O KANTAMANENI SHASHGIRI RAO, AGE. MAJOR, R/O: WARD NO. 25 , INFRANTRY ROAD, NEAR BMM OFFICE, INNA REDDY, 1ST CROSS, BALLARI-583 104. 5. SRI. N.VENKATA RAO S/O P.VIRARAJU, AGE: MAJOR, R/O NARAYANA SHETTY CAMP, KOTWAL, RAICHUR-584 120. 6. SMT. M.LAKSHMI DEVI W/O M.NARASIMHA CHOWDARI, AGE. MAJOR, R/O PLOT NO. 25-8, WARD NO. 19, 1ST CROSS, SHANKAR COLONY, S.N. PET, BALLARI-583 101. 7. SRI K.RAVI CHANDRA S/O KANTAMANENI SHESHGIRI RAO, AGE. MAJOR, R/O PLOT NO.1, WARD NO.25, INFRANTRY ROAD, NEAR BMM OFFICE, INNA REDDY, 1ST CROSS, BALLARI-583 104. 8. SRI K.SURESH S/O KANTAMANENI SHASHAGIRI RAO, AGE. MAJOR, R/O PLOT NO. 1, WARD NO. 25, INFRANTRY ROAD, - 3 - NC: 2025:KHC-D:4817 WP No. 101752 of 2025 NEAR BMM OFFICE, INNA REDDY, 1ST CROSS, BALLARI-583 104. …RESPONDENTS (BY MIS. GAYATRI.S.R., 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 PRELIMINARY HEARING, THIS DAY, THE AN ORDER IS MADE AS UNDER: ORAL ORDER Ms.Priyanka Y.Upadya., counsel on behalf of Sri.Srinand A.Pachhapure., for the petitioner and Ms.Gayatri.S.R., counsel for respondent No.1 have appeared in person. 2. The captioned Writ Petition is filed seeking a Writ of Certiorari quashing the order dated 27.02.2025 passed by the Court of the Principal Senior Civil Judge & CJM., Ballari in Crl.Misc. No.26/2025 vide Annexure-A and issue a Writ of Mandamus directing respondent No.1 to consider the representation/ proposal dated 07.10.2024 given by the petitioner vide Annexure-G. 3. Counsel for the respective parties urged several contentions. Heard the arguments and perused the Writ papers with care. - 4 - NC: 2025:KHC-D:4817 WP No. 101752 of 2025 4. The order is passed under Section 14 of the SARFAESI Act. Suffice it to note that as against the order passed under Section 14 of the Act, there is an alternate and statutory remedy of filing an appeal before the DRT. Hence, I decline to exercise power under Writ jurisdiction. 5. Resultantly, the Writ Petition is dismissed. Sd/- (JYOTI MULIMANI) JUDGE RH List No.: 2 Sl No.: 19