- 1 - HC-KAR NC: 2025:KHC:46115 WP No. 18773 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 18773 OF 2024 (GM-DRT) BETWEEN: 1. SAROJAMMA W/O LATE M.D. KALLEGOWDA, AGED ABOUT 80 YEARS, R/O KALLERKHAN ESTATE, MAKODU, JAKKANAHALLI POST, CHIKKAMAGALURU TALUK AND DISTRICT-577101. 2. ASHOK KUMAR M K S/O LATE KALLEGOWDA, AGED ABOUT 55 YEARS, R/O KALLERKHAN ESTATE, MAKODU, JAKKANAHALLI POST, CHIKKAMAGALURU TALUK AND DISTRICT-577101. 3. ACHALA M K D/O LATE KALLEGOWDA, Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:46115 WP No. 18773 of 2024 AGED ABOUT 50 YEARS, R/O KALLERKHAN ESTATE, MAKODU, JAKKANAHALLI POST, CHIKKAMAGALURU TALUK AND DISTRICT-577101. …PETITIONERS (BY SRI. GIRISH B BALADARE, ADVOCATE) AND: THE MANAGER CANARA BANK, MALLANDURU, CHIKKAMAGALURU TALUK AND DISTRICT-577101. …RESPONDENT (BY SRI. VIGNESH SHETTY, ADVOCATE) THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ANNEXURE-E THAT IS THE POSSESSION NOTICE OF IMMOVABLE PROPERTY DATED 01/07/2024 ISSUED BY THE RESPONDENT I.E. THE MANAGER CANARA BANK MALLANDUR BRANCH, CHIKKAMAGALURU TALUK AND CHIKKAMAGALURU DISTRICT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 3 - HC-KAR NC: 2025:KHC:46115 WP No. 18773 of 2024 ORAL ORDER The present writ petition is filed seeking the following prayer: “Wherefore this petitioner respectfully prayed that this Hon'ble court may be pleased to a. Issue writ of certiorari or any other appropriate writ, directions or order quashing the Annexure 'E' that is the Possession notice of immovable property dated 01-07-2024 issued by the Respondent i.e., The Manager Canara Bank Mallandur Branch, Chikkamagaluru Taluk Chikkamagaluru District. In the interest of justice and equity. b. Grant such other relief’s as this Hon’ble Court deems fit in the facts and circumstances of the case in the interest of justice and equity.” 2. It is the case of the petitioners that the loan is availed by mortgaging the agricultural land and the bank cannot initiate recovery proceedings under the provisions of the SARFAESI Act. The entire proceedings initiated by the bank including the issuance of possession notice is nothing but a pure abuse of process of law, void-ab-inito and the same deserves to be quashed by this Court. On 16.07.2024, a Co- ordinate Bench of this Court had passed an interim order. It is submitted by the learned counsel for the petitioners that pursuant to the interim order by the Court dated 16.07.2024, petitioners have deposited an amount of Rs.50,00,000/-. - 4 - HC-KAR NC: 2025:KHC:46115 WP No. 18773 of 2024 3. Learned counsel for the respondent/bank submits that it is a coffee estate which is a commercial activity as held by this Court in catena of judgments and at any stretch of imagination, it cannot be termed as agricultural activity. The bank has every right to initiate the proceedings under the SARFAESI Act. 4. Having heard the learned counsels on either side, perused the material on record. One of the ground that is urged before this Court is that in respect of agricultural land and agricultural operations, the bank cannot initiate proceedings under the SARFAESI Act. In this case the land is a coffee estate and hence, that ground is not available to the petitioners in the light of the settled law. If the petitioners are aggrieved by any other action that is initiated by the respondent/bank, they are always at liberty to approach the Debt Recovery Tribunal and this Court will not entertain a writ petition when there is a effective and alternative remedy available to the party. In that view of the matter, this Court is passing the following: - 5 - HC-KAR NC: 2025:KHC:46115 WP No. 18773 of 2024 ORDER i. Accordingly, the writ petition is disposed of giving liberty to the petitioners to approach the Debt Recovery Tribunal within a period of four weeks from the date of receipt of copy of the order. ii. Till such time, the respondent/bank shall not take any coercive steps. iii. All I.As., in the writ petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE BN CT:bms List No.: 1 Sl No.: 21