- 1 - HC-KAR NC: 2025:KHC:27192 WP No. 14672 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 14672 OF 2021 (GM-RES) BETWEEN: SRI K M SRIDHAR SON OF SRI K B MARULASIDDAPPA AGED ABOUT 48 YEARS RESIDING AT NO.1236, B H ROAD, HULIYAR CHIKKANAYAKNAHALLI TALUK TUMKUR DISTRICT - 572218 …PETITIONER (BY SRI IRFANA NAZEER, ADVOCATE) AND: 1. CANARA BANK TIPTUR BRANCH B H ROAD, TIPTUR TUMKUR DISTRICT KARNATAKA- 572201 2. M/S KUSHAL MINE LINK REPRESENTED BY ITS PROPRIETOR SRI S L SHANTHA KUMAR AGED MAJOR SON OF SRI LINGAPPA 'CHANDRA SHREE NILAYA' 2ND CROSS, CHIKKANAYAKANAHALLI TUMKUR DISTRICT, KARNATAKA ALSO AT : 'KUSHAL NILAYA' 1ST CROSS, 1ST MAIN, 1ST DIVISION JOGIHALLI COLONY Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:27192 WP No. 14672 of 2021 VIDYANAGAR, TUMKUR DISTRICT KARNATAKA-572 201 3. SRI P N SHASHIKANTHALU SON F SRI MARASIMHA SHETTY AGED MAJOR RESIDING AT 6TH MAIN ROAD K R EXTENSION, TIPTUR TUMKUR DISTRICT, KARNATAKA - 572201 4. SMT. S SUSHMA DAUGHTER OF SRI S M SHIVANNA AGED MAJOR RESIDING AT NO.17, 2ND MAIN 2ND CROSS, HARINI VIDYALAYA SHIVANAGAR, RAJAJINAGAR BENGALURU - 560010 5. SMT. S RESHMA WIFE OF SRI M R SHASHIKUMAR AGED MAJOR RESIDING AT NO.17, 2ND MAIN 2ND CROSS, HARINI VIDYALAYA SHIVANAGAR, RAJAJINAGAR BENGALURU - 560 010 6. SRI S MOHITH GOWDA SON OF SRI S M SHIVANNA AGED MAJOR RESIDING AT NO.17, 2ND MAIN 2ND CROSS, HARINI VIDYALAYA SHIVANAGAR, RAJAJINAGAR BENGALURU - 560 010 7. SRI S SHIVANNA SON OF LATE MOTAPPA AGED MAJOR RESIDING AT NO.17, 2ND MAIN 2ND CROSS, HARINI VIDYALAYA, SHIVANAGAR, RAJAJINAGAR BENGALURU - 560 010 - 3 - HC-KAR NC: 2025:KHC:27192 WP No. 14672 of 2021 8. SMT. M SHAKUNTHALA WIFE OF SRI S L SHANTHA KUMAR AGED MAJOR RESIDING AT 'KUSHAL NILAYA ' 1ST CROSS, 1ST MAIN 1ST DIVISION, JOGIHALLI COLONY, VIDYANAGAR TUMKUR DISTRICT KARNATAKA-572 201 9. THE UNION OF INDIA REPRESENTED BY ITS FINANCE SECRETARY MINISTRY OF FINANCE NORTH BLOCK CABINET SECRETARIAT RAISINA HILLS, NEW DELHI …RESPONDENTS (BY SRI VIGNESH SHETTY, ADVOCATE FOR C/R1 IN CP NO.7804/2021; SRI H.SHANTHI BHUSHAN, DSGI FOR R10) THIS W.P. IS FILED UNDER 226 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE SECTION 17 OF SARFAESI ACT 2002 AS UNCONSTITUTIONAL; DIRECT THE RESPONDENT NO.1 i.e RESPONDENT BANK TO EXCLUDE THE SCHEDULE PROPERTIES IN THE RECOVERY OF LOAN AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - HC-KAR NC: 2025:KHC:27192 WP No. 14672 of 2021 CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. Petitioner is before this Court seeking for the following reliefs; "(a) Issue an appropriate writ, to declare Section 17 of SARFAESI ACT, 2002 as unconstitutional. (b) Direct the Respondent No.1, i.e. Respondent Bank, to exclude the Schedule properties in the recovery of loan. (c) Direct the Respondent No.1 to return the original set of documents concerning the Schedule Properties to the Applicant, which the Respondent No.1 is illegally holding. (d) To quash the Auction Notice Ref:ARM- 1/CR-409/268/AR, dated 05.07.2021 at Annexure-N which is been issued against the principles of law and to quash all recovery proceedings against the petitioner and his properties. (e) Direct the Defendant No.1 to bear the costs of this proceeding. - 5 - HC-KAR NC: 2025:KHC:27192 WP No. 14672 of 2021 (f) Grant any order or relief which this Hon'ble Tribunal may deems fit in the interest of justice and equity." 2. Memo dated 21.07.2025 signed by learned counsel for petitioner has been filed, which reads as under; " For the reasons stated in the accompanying Affidavit this Hon'ble Court may be pleased to permit the petitioner to withdraw the present petition, however liberty may be reserved in favour of the petitioner to file another similar writ petition in case any circumstances arise in the future, in the interest of justice and equity." 3. Accepting the said memo, petition is dismissed as withdrawn. SD/- (SURAJ GOVINDARAJ) JUDGE MV, List No.: 1 Sl No.: 16