- 1 - HC-KAR NC: 2026:KHC:20081 WP No. 9432 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF APRIL, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 9432 OF 2022 (GM-DRT) BETWEEN: MR. NAYAZ KHAN S/O MEABOOB KHAN AGED 49 YEARS NO.5, SECONND FLOOR IBRAHIM SAHIB MOSQUE LANE KUMBARAPET BANGALORE NORTH BANGALORE - 560 002. …PETITIONER (BY SRI V. MOHAN, ADV., - ABSENT) AND: 1. AUTHORIZED OFFICER CANARA BANK KOLAR MAIN ROAD BANGARPET - 563 114 KARNATAKA. 2. MR. SYED JALAUDDIN AMJAD S/O LATE S AZEEZ AGED ABOUT 51 YEARS. 3. SMT. SHABEEN TAJ W/O SYED JALALUDDIN AMJAD AGED ABOUT 45 YEARS. BOTH 2 & 3 ARE RESIDING AT SECOND FLOOR, SITE NO.540 KHATHA NO. 767/767/540 1ST STAGE, 3RD BLOCK BEIND SJR PUBLIC SCOOL KALYAN NAGAR HBR LAYOUT BANGALORE - 560 043. …RESPONDENTS (BY SRI SANDEEP S, ADV., FOR R-1; Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:20081 WP No. 9432 of 2022 R-2 & R-3 ARE SERVED & UNREPRESENTED) THIS WP FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED POSSESSION NOTICE ANNEXURE-A DTD 11.02.2022 ISSUED BY THE R1 BANK IN RESPECT OF THE SCHEDULE PROPERTY. THIS PETITION, COMING ON FOR DISMISSAL, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER The present writ petition is filed seeking for the following reliefs:- "1) To quash the impugned Possession Notice (ANNEXURE:A) dated 11/02/2022 issued by the 1st Respondent Bank in respect of the schedule property in the interest of justice; 2) To pass any such orders which this Hon'ble Court deems fit and proper under the facts and circumstances stated above in the interest of justice and equity." 2. It is the case of the petitioner that petitioner is a lessee, who is in lawful possession of the first floor of the schedule property under a valid Lease Deed dated 02.03.2021 executed by respondent Nos.2 and 3/lessor. The Bank has issued possession notice on 11.02.2022, which is questioned before this Court. - 3 - HC-KAR NC: 2026:KHC:20081 WP No. 9432 of 2022 3. It is the case of the petitioner that petitioner is a lessee and the respondent/Bank without following the due procedure of law, cannot dispossess them. 4. There is no representation on behalf of the petitioner. On 09.04.2026, the matter was directed to be listed under the caption 'dismissal' on 10.04.2026. The writ petition of the year 2022 has come up before the Court on 20.07.2023 and thereafter, it has come up on 09.04.2026. Even today also, there is no representation on behalf of the petitioner. 5. Learned counsel appearing for respondent No.1/Bank submits that property was mortgaged on 15.07.2013. Even as per the petitioner, rental agreement was dated 02.03.2021. Demand notice was issued on 07.04.2021 and the possession notice was issued on 11.02.2022. It is submitted that the Bank has a prior charge over the property and the rental agreement is subsequent to the mortgage deed dated 15.07.2013. Hence, lessee of the property cannot come before the Court and question the possession notice. - 4 - HC-KAR NC: 2026:KHC:20081 WP No. 9432 of 2022 6. Having heard the learned counsel for respondent No.1/Bank and perused the entire material on record. Admittedly, the mortgage deed is dated 15.07.2013 and the rental agreement is on 02.03.2021. Petitioner cannot have any grievance against notice issued under Section 13(4) of the SARFAESI Act, which is issued by the Bank, as the Bank is having prior charge over the property. In that view of the matter, this Court do not find any reasons to interfere with the possession notice issued by respondent No.1/Bank. Hence, this Court is passing the following: ORDER i. Accordingly, the writ petition is dismissed. ii. All pending I.As, in the writ petition shall stand closed. Sd/- (LALITHA KANNEGANTI) JUDGE DN List No.: 1 Sl No.: 18