- 1 - HC-KAR NC: 2025:KHC:35068 WP No. 26592 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 26592 OF 2025 (GM-RES) BETWEEN: MR. LOKAYYA POOJARY S/O UGGAPPA POOJARY AGED ABOUT 65 YEARS R/AT D.NO. 4-336 BAJPE GUTTHU HOUSE BAJPE, MANAGALURU 574142. …PETITIONER (BY SRI. ASHWIN JOYSTON KUTINHA., ADVOCATE) AND: 1. STATE BANK OF INDIA REGISTERED UNDER THE STATE BANK OF INDIA ACT 1955 HAVING ITS OFFICE AT STRESS ASSET RECOVERY BRANCH NO.11/90 NEAR OLD SHIVAJI TALKIES OPP TRUSTWELL HOSPITAL J C ROAD BENGALURU 560002 REPRESENTED BY ITS AUTHORIZED OFFICER. Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:35068 WP No. 26592 of 2025 2. MR. PRADEEP S/O LOKAYYA POOJARY MAJOR R/AT D NO. 4-336 BAJPE GUTTHU HOUSE BAJPE, MANAGLURU 574142. 3. M/S YASHOLAKSHMI RESOLUTION AND CONSULTANTS PVT LTD REGISTERED UNDER THE COMPANIES ACT 2013 HAVING ITS OFFICE AT: NO. 94 3RD MAIN 4TH CROSS CANAR BANK COLONY NAGARABHAVI, BENGALURU 560072 BY AUTHORIZED OFFICER. …RESPONDENTS THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI TO QUASH THE NOTICE FOR VACATING THE WRIT SCHEDULE PROPERTY 23-07-2025 ISSUED BY THE RESPONDENT NO.01 VIDE ANNEXURE-A AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:35068 WP No. 26592 of 2025 CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD ORAL ORDER The petitioner has called in question the first respondent's communication dated 23.07.2025 [Annexure - A]. The first respondent has issued this communication referring to the notice dated 16.04.2024 issued under Section 13(2) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 [SARFAESI Act] and calling upon the petitioner to voluntarily hand over vacant possession of the secured asset [a residential property]. The respondent, in this communication, has also referred to the obligation to hand over vacant possession of the property to the successful bidder. If the petitioner is aggrieved by the initiation of proceedings under the SARFAESI Act, he must avail remedy under Section 17 thereof and there is no - 4 - HC-KAR NC: 2025:KHC:35068 WP No. 26592 of 2025 occasion for interference under Article 226 of the Constitution of India. Hence, subject to all just exceptions, the petition stands disposed of with liberty to the petitioner to avail alternative remedy. Sd/- (B M SHYAM PRASAD) JUDGE RB