- 1 - HC-KAR NC: 2025:KHC-D:9585 WP No. 105317 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 1ST DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 105317 OF 2025 (GM-RES) BETWEEN: SRI RAM PRAKASH REDDY, AGED AROUND 57 YEARS, S/O. LATE H. RAJAGOPAL REDDY SITARAM NIVAS, K.C. ROAD, BALLARI-583101. …PETITIONER (BY SRI. VADIRAJA PADAKANDLA, ADVOCATE) AND: 1. THE AUTHORISED OFFICER STATE BANK OF INDIA SAM BRANCH SBI LHO CAMPUS ST. MARKS ROAD, BENGALURU-560. 2. M/S. RAJIV TRAVELS OFFICE AT: SITARAM NIVAS K.C. ROAD, BALLARI-583101 REP. BY ITS PARTNER AND 6 OTHERS. 3. SHRI RAVI PRAKASH REDDY AGE AROUND 55 YEARS, S/O. H. RAJAGOPAL REDDY SITARAM NIVAS, K.C. ROAD, BALLARI-583101. 4. SMT. H. SRIVIDYA D/O. LATE RAJAGOPAL REDDY AGED AROUND 53 YEARS, PARADISE APARTMENT SATHYANARAYANAPET, BALLARI-583101. Digitally signed by SAROJA HANGARAKI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:9585 WP No. 105317 of 2025 5. SMT. SRILATHA REDDY W/O. LATE H. RAJAGOPAL REDDY AGED AROUND 50 YEARS, SITARAM NIVAS, K.C. ROAD, BALLARI-583101. 6. SMT. ASHRITHA W/O. SHRI RAVI PRAKASH REDDY AGED AROUND 50 YEARS, NO.1/1/2, TS NO.56/2, K.C. ROAD, BALLARI-583101. …RESPONDENTS (NOTICE TO RESPONDENTS IS DISPENSED WITH) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) ISSUE A WRIT OR ORDER OR DIRECTION IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENT NO.1 BANK TO AMEND THE SCHEDULE MENTIONED IN THE AFFIDAVIT FILED IN CRL.MISC.NO.21/2025 BEFORE THE PRINCIPAL SENIOR CIVIL JUDGE AND CJM VIDE ANNEXURE-A AND TO PROCEED ONLY AGAINST THE COMMERCIAL PROPERTY AS SHOWN IN THE SCHEDULE MENTIONED ANNEXURE-B AND C. B) PASS ANY ORDERS, WHICH THIS HON’BLE COURT DEEMS FIT AND PROPER, IN THE INTEREST OF JUSTICE AND EQUITY. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. Notice to the respondents is dispensed with in view of the proposed order to be passed. 2. The petitioner is before this Court seeking for the following reliefs: - 3 - HC-KAR NC: 2025:KHC-D:9585 WP No. 105317 of 2025 a) Issue a writ or order or direction in the nature of mandamus directing the respondent no.1 bank to amend the schedule mentioned in the affidavit filed in crl.misc.no.21/2025 before the principal senior civil judge and cjm vide annexure-a and to proceed only against the commercial property as shown in the schedule mentioned annexure-b and c. b) Pass any orders, which this hon’ble court deems fit and proper, in the interest of justice and equity. 3. The grievance of the petitioner is that the property which has been mentioned in the Schedule to the Criminal Miscellaneous No.21/2025 filed before the Principal Senior Civil Judge and CJM includes both secured and unsecured properties and as such it is apprehended by the petitioner that orders could be passed under Section 14 of the SARFAESI Act as regards the properties which have not been secured. 4. Such an apprehension cannot lead to the petitioner approaching this Court seeking for the reliefs as indicated above. It is for the petitioner to place on record before the Principal Senior Civil Judge and CJM who is seized of Criminal Miscellaneous - 4 - HC-KAR NC: 2025:KHC-D:9585 WP No. 105317 of 2025 No.21/2025, as to which properties are secured and which are not secured. 5. Needless to say, it would be for the said Court to examine the said submissions and thereafter pass necessary orders under Section 14 of the SARFAESI Act after coming to a conclusion that the orders which are passed against the concerned properties are secured properties. 6. With the above observation, petition stands disposed. Sd/- (SURAJ GOVINDARAJ) JUDGE SH CT: UMD List No.: 1 Sl No.: 108