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HC-KAR NC: 2026:KHC:16567 WP No. 34399 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF MARCH, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 34399 OF 2024 (GM-DRT)
BETWEEN:
RAJITH RUDRA T P G S/O GANESH PRASAD T P R AGE ABOUT 37YEARS SRI SAI NILAYA 2ND FLOOR 2NDMAIN AECS LAYOUT SANJAYA NAGARA RMV 2ND STAGE BENGALURU - 560 094 …PETITIONER (BY SMT. KAVITHA N., ADVOCATE - ABSENT) AND:
SRI SEETHARAGHAVA SOUHARDA SAHAKARA BANK NIYAMITHA REG UNDER CO OP ACT REP BY ITS GENERAL MANAGER
Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:16567 WP No. 34399 of 2024
AUTHORIZED OFFICER KADURU BRANCH K V COLONY, KADURU CHIKKAMAGALURU - 577 548 …RESPONDENT (BY SRI. S. LAKSHMINARAYANA, ADVOCATE)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE E-AUCTION SALE NOTICE BEARING REF.NO.50/SSSSBN/2024-25 DTD. 16.11.2024 ISSUED BY THE AUTHORIZED OFFICER, SRI SEETHARAGHAVA SOUHARDA SAHAKARA BANK NIYAMITA, KADUR BRANCH VIDE ANNX-A (IN SO FAR AS PETITIONER CONCERN).
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
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HC-KAR NC: 2026:KHC:16567 WP No. 34399 of 2024
ORAL ORDER
The present writ petition is filed seeking the following prayers:
"a). Quash the E-Auction Sale Notice bearing Ref No.50/SSSSBN/2024-25 dated 16/11/2024 issued by the Authorized Officer, Sri Seetharaghava Souharda Sahakara Bank Niyamita, Kadur Branch vide "ANNEXURE-A". (In so far as Petitioners concern) b). Issue directions to the Respondent Bank not to take physical possession without following due process of Law. c). Issue such other orders or direction/s as may be deemed fit to grant, including cost of the case, in the view of facts and circumstances of this above case in the interest of justice and equity."
2. On 23.03.2026, there was no representation on behalf of the petitioner. Hence, the matter was directed to be listed under the caption for dismissal' on 24.03.2026. Today also, there is no representation on behalf of the petitioner.
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HC-KAR NC: 2026:KHC:16567 WP No. 34399 of 2024
3. Leaned counsel appearing for the respondent/Bank submits that the petitioner has already filed S.A. No.436/2024 before the Debt Recovery Tribunal and the same is posted for orders on 30.04.2026. Hence, it is submitted that the petitioner has already availed an effective alternative remedy and therefore, the present writ petition cannot be entertained by this Court.
4. In that view of the matter, this Court is passing the following:
ORDER i. Accordingly, the writ petition is dismissed. ii. All pending I.As, if any, in the writ petition shall stand closed.
SD/- (LALITHA KANNEGANTI) JUDGE
SMC List No.: 1 Sl No.: 9