- 1 - HC-KAR NC: 2025:KHC:36918 WP No. 27785 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 27785 OF 2025 (GM-RES) BETWEEN: 1. SRI. DHARMAPPA, S/O LATE THIMMEGOWDA @ VELAPURIGOWDA AGED ABOUT 73 YEARS. 2. SMT. SHARADA, W/O SRI. DHARMAPPA, AGED ABOUT 69 YEARS. 3. SRI. MANIKANTA H.D, S/O DHARMAPPA, AGED ABOUT 36 YEARS. PETITIONER NO.1 TO 3 ARE RESIDENT OF NAMMA MANE, 11TH CROSS, BHAGATH SINGH ROAD, 2ND STAGE, JAYANAGARA, HASSAN - 573 201. 4. SMT. PAVITHRA H.D, W/O SRI. HARISH. G, AGED ABOUT 43 YEARS, RESIDENT OF 180, 1ST B MAIN, AGB 2ND STAGE, MAHALAKSHMI LAYOUT, BENGALURU-560 086. Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:36918 WP No. 27785 of 2025 5. SMT. PALLAVI, W/O MANJUNATHA, AGED ABOUT 38 YEARS, RESIDENT OF NO.153, 35TH CROSS, 2ND BLOCK, JUGANAHALLI, RAJAJINAGAR, BENGALURU-560 010. …PETITIONERS (BY SRI. CHETHAN B., ADVOCATE) AND: 1. THE AUTHORIZED OFFICER, UNION BANK OF INDIA FORMERLY CORPORATION BANK, NARASIMHARAJA CIRCLE BRANCH, H.N.PURA ROAD, HASSAN -573 201. 2. THE AUTHORIZED OFFICER, REGIONAL MANAGER UNION BANK OF INDIA FORMERLY CORPORATION BANK, MYSORE ZONE HEAD OFFICE, NO.2254, KOUSALYA III FLOOR, SOUTH WING, VINOBA ROAD, MYSORE 570 005. - 3 - HC-KAR NC: 2025:KHC:36918 WP No. 27785 of 2025 3. THE DEPUTY COMMISSIONER, HASSAN DISTRICT, HASSAN - 573 201. …RESPONDENTS (BY SMT.NAVYA SHEKHAR, AGA FOR R3) THIS WP FIELD UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO (A) ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT TO QUASH THE VACATION NOTICE DATED 08.09.2025 BEARING UBI/ROHSN/HASSAN/2025- 01 ISSUED BY RESPONDENT NO.1 HEREIN AS PER ANNEXURE - A; (B) ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT OF CERTIORARI OR ANY OTHER WRIT TO QUASH THE ORDER DATED 26.08.2022 PASSED IN CRL MISC./69/2022 BY THE COURT OF PRINCIPAL SENIOR CIVIL JUDGE AND CJM AT HASSAN AS PER ANNEXURE-B . - 4 - HC-KAR NC: 2025:KHC:36918 WP No. 27785 of 2025 THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD ORAL ORDER The petitioners have admittedly availed loan from the first and the second respondents and they are aggrieved by these respondents having taken recourse to the provisions of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 [for short, 'the SARFAESI Act']. The petitioners, while referring to earlier orders of this Court and certain concluded proceedings under the Consumer Protection Act, 2019, propose to contend that the respondents could not have initiated action as certain amounts have not been accounted for. - 5 - HC-KAR NC: 2025:KHC:36918 WP No. 27785 of 2025 Mr. Chethan. B., the learned counsel for the petitioners, argues to support the petition in the light of the afore contention, but this Court must observe that the petitioners must avail their remedy under Section 17 of the SARFAESI Act where all questions and facts can be examined, and there is no reason for interference in the present writ proceedings. At this stage, Mr. Chethan B submits that the first and second respondents have called upon the petitioners to vacate their residential premises and if this Court could direct the first and second respondents not to take coercive measures for a reasonable time, the petitioners will be able to effectively avail the alternative remedy. Ms.Navya Shekhar, the learned Additional Government Advocate, who is called upon to accept notice for the third respondent, is heard in the light of the petitioners' grievance. - 6 - HC-KAR NC: 2025:KHC:36918 WP No. 27785 of 2025 ORDER [A] The petition stands disposed of relegating the petitioners to avail their alternative remedy under Section 17 of the SARFAESI Act calling upon the respondents to defer taking actual physical possession of the subject property until 21st October, 2025. [B] It is needless to observe that this stipulation shall not preclude the respondents from availing other remedies as may be permissible in law. SD/- (B M SHYAM PRASAD) JUDGE DH List No.: 1 Sl No.: 27