- 1 - NC: 2025:KHC-D:7135 WP No.106661 of 2015 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 2ND DAY OF MAY, 2025 BEFORE THE HON'BLE MR. JUSTICE S G PANDIT WRIT PETITION NO.106661 OF 2015 (GM-RES) BETWEEN: STATE BANK OF INDIA, REPRESENTED BY ITS AUTHORIZED OFFICER, RASMECCC, (RETAL ASSETS AND SMALL AND MEDIUM ENTERPRISES CITY CREDIT CENTER) RAMESH PRIDE, 2ND FLOOR, CTS NO.5850, 5851/B, CONGRESS ROAD, TILAKWADI, BELAGAVI-590006. AUTHORIZED OFFICER SRI. RAMESH, S/O. NARASIMHA MAYYA, AGE: 54 YEARS, OCC: ASSISTANT GENERAL MANAGER, RASMECCC, BELAGAVI-590006. …PETITIONER (BY SRI. CHETAN MUNNOLI, ADVOCATE FOR SRI. R.M. KULKARNI, ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER MALLIKARJUN RUDRAYYA KALMATH Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2025:KHC-D:7135 WP No.106661 of 2015 & DISTRICT MAGISTRATE, BELAGAVI, D.C. COMPOUND, BELAGAVI. 2. THE ASSISTANT COMMISSIONER, BELAGAVI SUB-DIVISION, BELAGAVI. 3. SHRI MAHAVEER, S/O. BHIMAPPA @ BHARAMANNA BADACHI, AGE: 43 YEARS, OCC: BUSINESS, R/O. H NO.181/C, ALARWADI GALLI, BELAGAVI-590004. 4. SHRI SOMAPPA, S/O. NAGAPPA SHINTRE, AGE: 45 YEARS, OCC: BUSINESS, R/O. HANAMANNAVAR GALLI, ANGOL, BELAGAVI-590004. …RESPONDENTS (BY SRI. V.S. KALASURMATH, AGA FOR R1 AND R2 SRI. RAMAKRISHNA DHONGADI, ADVOCATE FOR R4) (NOTICE TO R3 IS SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO, ISSUE A WRIT OR ORDER OR DIRECTION IN THE NATURE OF CERTIORARI QUASHING THE ENDORSEMENT DATED 27.02.2015 BEARING NO.RRC/CR/34/2014-15 ISSUED BY THE 2ND RESPONDENT PRODUCED AS PER ANNEXURE-A & ETC. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC-D:7135 WP No.106661 of 2015 CORAM: THE HON'BLE MR. JUSTICE S G PANDIT ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S G PANDIT) Learned counsel, Sri Chetan Munnoli appears on behalf of learned counsel, Sri. R.M.Kulkarni, appearing for the petitioner, and submits that a retirement notice has been sent to the petitioner-Bank and it is yet to be served. Further, he submits that there are no instructions from the petitioner-Bank. 2. From the prayer made in the writ petition, it is seen that the petitioner-Bank is challenging the endorsement dated 27.02.2015 issued by respondent No.2, whereby the application made by the petitioner-Bank under Section 14 The Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short, ‘the Act’) is rejected on the ground that the property against which possession is sought, others have charge over the property i.e., one Smt. Bhagya and also one Channabasaveshwara Kra.Saa.Savi., Belagavi. If that is so, it is for the petitioner- Bank to satisfy the competent authority i.e., respondent No.1 - 4 - NC: 2025:KHC-D:7135 WP No.106661 of 2015 that the person, who has mortgaged the property, is the owner as on the date of mortgage. However, since learned counsel for the petitioner submits that he has no instructions, the petition is dismissed for non-prosecution. Sd/- (S G PANDIT) JUDGE KMS, CT:VP LIST NO.: 1 SL NO.: 7