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2026 DAILYLAW 13369 (KAR)

MR SYED JAMEEL v. THE CHIEF MANAGER

WP/6786/2025 · 2026-04-16

Lalitha Kanneganti

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:20698 WP No. 6786 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF APRIL, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 6786 OF 2025 (GM-DRT) BETWEEN: MR SYED JAMEEL S/O SYED MOHMOODHSAB, AGED 65 YEARS, R/AT C.B. PURA MAIN ROAD, MILLATH NAGAR, KOALR - 563 101 …PETITIONER (BY SRI. CHANDRASHEKAR L., ADVOCATE) AND: 1. THE CHIEF MANAGER UNION BANK OF INDIA, KOLAR BRANCH, SRI RANGA NEXUS, BEHIND BESCOM OFFICE, DOOMLIGHT CIRCLE, KOLAR DISTRICT KOLAR - 563 101. 2. SYED SHAKEEL NAKSH BANDI P S/O PYARE JAN, AGED ABOUT 51 YEARS, R/AT NO.71, 5TH A MAIN ROAD, WARD NO.31, BLOCK 01, SARIGE NAGARA Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:20698 WP No. 6786 of 2025 KOLAR DISTRICT KOLAR - 563 101 …RESPONDENTS (BY SRI. VIGNESH SHETTY,ADVOCATE) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE POSSESSION NOTICE DATED 6/8/2024, VIDE NO 6/8/2024, PASTED OUTSIDE THE PREMISES OF THE PETITIONER ON 3/3/20254, ISSUED BY THE RESPONDENT NO 1, PRODUCED AT ANNEXURE-A AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER The writ petition is filed seeking the following prayer: “(i) Issue a writ of certiorari quashing the possession notice dated 06.08.2024 vide No.6/8/2024, pasted outside the premises of the petitioner on 3/3/2025 issued by the respondent No.1, produced at Annexure A, (ii) Issue a writ of mandamus directing the respondent No.1/Bank, to not to evict the petitioners without adopting the due process of law as contemplated under the Transfer of property Act, (iii) To pass any such orders which this Hon'ble Court deems fit and proper under the - 3 - HC-KAR NC: 2026:KHC:20698 WP No. 6786 of 2025 facts and circumstances stated above in the interest of justice and equity.” 2. It is the case of the petitioner that he has a registered lease deed dated 20.04.2024 in respect of the property in question and the Bank has issued the possession notice without following the procedure. 3. Learned counsel appearing for the respondent/Bank submits that in respect of other property pertaining to the same borrower, another writ petition is filed in W.P.No.6769 of 2025 that came to be disposed of by order dated 24.02.2026 giving liberty to the petitioner therein to avail the appropriate remedy before the DRT within 30 days from the date of receipt of the order. It is submitted that in this case, the petitioner has questioned the 13(4) notice. As he has an effective alternative remedy, all these disputes can be raised before the DRT. 4. Having heard the learned counsels on either side, perused the entire material on record. Considering the fact that the other connected writ petition is already disposed of giving liberty to the petitioner to avail the appropriate remedy, this Court is passing the following: - 4 - HC-KAR NC: 2026:KHC:20698 WP No. 6786 of 2025 ORDER (i) Accordingly, he writ petition is disposed of giving liberty to the petitioner to approach the DRT. (ii) Petitioner shall have the benefit of Section 14 of the Limitation Act, 1963. (iii) The petitioner shall approach the DRT within 30 days from the date of receipt of the copy of the order. (iv) The stay shall continue to operate till the expiry of the time granted by this Court to approach the DRT. (v) All I.As. in the writ petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE SS List No.: 1 Sl No.: 8