- 1 - HC-KAR NC: 2026:KHC:22905 WP No. 20936 of 2023 C/W WP No. 23799 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF APRIL, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 20936 OF 2023 (GM-DRT) C/W WRIT PETITION NO. 23799 OF 2023 (GM-RES) IN WP No. 20936/2023 BETWEEN: 1. M/S SREE LAXMI VENKATAGIRI INDUSTRIES REPRESENTED BY ITS PARTNER (SEIZED AND SOLD) SMT C NIRMALA PLOT NO.34-A, SY NO.95, 105, 106 RAICHUR GROWTH CENTRE INDUSTRIAL AREA CHICKSUGUR HOBLI KASABA TALUK RAICHUR 2. SMT C NIRMALA(PARTNER/MORTGAGER) AGED ABOUT 62 YEARS W/O SRI VENKATARAJU H.NO.12-04-99 NEAR GANJ KALYANA MANTAP RAICHUR - 584 102 3. SRI SRIDHAR VARMA(PARTNER) AGED ABOUT 43 YEARS S/O SRI VENAKTARJU NEAR GANJ KALYANA MANTAP RAICHUR -584 102 Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:22905 WP No. 20936 of 2023 C/W WP No. 23799 of 2023 4. SRI C VENKATARAJU(MORTGAGER) AGED ABOUT 67 YEARS S/O SRI C DESHWANTHAPPA NEAR GUNJ KALYANA MANTAP RAICHUR - 584 102 NOW THE PRESENT ADDRESS FOR ISSUANCE OF SUMMONS/CORRESPONDENCE R/A NO.1-11-1038 OPP PHB QUARTERS KUMSUMBI COLONY RAICHUR-584101 …PETITIONERS (BY SRI. RAJENDRA M.A., ADVOCATE) AND: 1. THE AUTHORISED OFFICER CANARA BANK (ERSTWHILE SYNDICATE BANK) H.NO.12-10-102 P M POWERS, OPP.RAJKUMAR HOTEL GOUSALA ROAD RAICHUR-584101 REPRESENTED BY ITS GENERAL MANAGER 2. THE DY. DEVELOPMENT OFFICER KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD KAPNOOR IST STAGE INDUSTRIAL AREA HUMNABAD ROAD GULBARGA-04 ALSO THE DY. DEVELOPMENT OFFICER KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD - 3 - HC-KAR NC: 2026:KHC:22905 WP No. 20936 of 2023 C/W WP No. 23799 of 2023 HYDERABAD ROAD RAICHUR - 584 134 3. THE EXECUTIVE ENGINEER M/S GULBARGA ELECTRICITY SUPPLY COMPANY LIMITED (IN SHORT GESCOM) STATION ROAD, GHALIB NAGAR ANDROON QUILLA RAICHUR - 584 101 4. M/S RISHWIN MILLS (AUCTION PURCHASER) REPRESENTED BY ITS PARNTERS SMT SOWBHAGYAMMA W/O SRI KRISHNAIAH LAGISETTY FLAT NO.304, RAGHAVENDRA RESIDENCY JAWAHAR NAGAR RAICHUR - 584 103 5. SRI AYYESH LAGISETTY (AUCTION PURCHASER) S/O SREERAMULU LAGISETTY H.NO.12-1-41/1, IST FLOOR BEHIND POORNIMA THEATRE GUNJ ROAD RAICHUR - 584 101 …RESPONDENTS (BY SRI. VIGNESH SHETTY, ADVOCATE FOR R1 SRI. H.L. PRADEEP KUMAR, ADVOCATE FOR R2 SRI. ADARSH GANGAL, ADVOCATE FOR R4 AND R5) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-SET ASIDE/QUASH THE IMPUGNED ORDERS DTD 09/05/2023 PASSED BY THE - 4 - HC-KAR NC: 2026:KHC:22905 WP No. 20936 of 2023 C/W WP No. 23799 of 2023 HONBLE DRT-II, IN IA NO.2781/2021 IN SA NO.61/2022 (ANNEXURE-A) AND ETC. IN WP NO. 23799/2023 BETWEEN: 1. M/S SREE LAXMI VENKATAGIRI INDUSTRIES REPRESENTED BY ITS PARTNER (SEIZED AND SOLD) SMT C. NIRMALA, PLOT NO.34-A, SY NO.95, 105, 106, RAICHUR GROWTH CENTRE INDUSTRIAL AREA CHICKSUGUR HOBLI, KASABA TALUK, RAICHUR. 2. SMT.C. NIRMALA (PARTNER/MORTGAGER) AGED ABOUT 63 YEARS, W/O SRI VENKATARAJU, H NO.12-01-99, NEAR GANJ KALYANA MANTAP, RAICHUR - 584 102 3. SRI. SRIDHAR VARMA (PARTNER) AGED ABOUT 43 YEARS, S/O SRI VENKATARAJU, NEAR GANJ KALYANA MANTAP, RAICHUR - 584 102 4. SRI.C. VENKATARAJU (MORTGAGER) AGED ABOUT 67 YEARS, S/O SRI. D DESHWANTHAPPA, NEAR GUNJ KALYANA MANTAP, RAICHUR - 584 102 NOW THE PRESENT ADDRESS FOR ISSUANCE OF - 5 - HC-KAR NC: 2026:KHC:22905 WP No. 20936 of 2023 C/W WP No. 23799 of 2023 SUMMONS/COORESPONDENCE, R/AT NO.1-11-1038, OPP PHB QUARTERS, KUMSUMBI COLONY, RAICHUR - 584 101. ...PETITIONERS (BY SRI. RAJENDRA M.A., ADVOCATE) AND: 1. THE AUTHORISED OFFICER CANARA BANK (ERSTWHILE SYNDICATE BANK) H NO.12-10-102, P M POWERS, OP. RAJKAMAL HOTEL, GOUSALA ROAD, RAICHUR - 584 101 REPRESENTED BY ITS GENERAL MANAGER. 2. MR. NARESH KUMAR (PURCHASER) S/O PRATAP REDDY, AGED ABOUT 22 YEARS, R/AT NO.H NO.9-17-17, MADDIPET AREA, RAICHUR - 584 101 ALSO AT PLOT NO.15, BEARING MPL NO.12-1-73 (OLD) 12-1-99 (NEW) GUNJ AREA, NEAR CHANDRAKANTH TALIKES, RAICHUR. ...RESPONDENTS (BY SRI. VIGNESH SHETTY, ADVOCATE FOR R1 SRI. P.S. MALIPATIL, ADVOCATE FOR R2) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-SET - 6 - HC-KAR NC: 2026:KHC:22905 WP No. 20936 of 2023 C/W WP No. 23799 of 2023 ASIDE/QUASH THE IMPUGNED ORDERS PASSED BY THE HONBLE DRT II IN THE IMPUGNED ORDER IN S.A.NO.130/2020 DTD 1ST OCTOBER, 2020 ANNEXURE-A AND ETC. THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI COMMON ORAL ORDER These writ petitions are filed aggrieved by the order passed by the DRT dated 09.05.2023. Initially, petitioners have filed W.P. No.20097/2021, which came to be disposed of by the Kalaburagi Bench on 04.10.2021. In the said order, the Court observed that it is open to the petitioners to challenge the auction and other collateral proceedings before the competent court. All contentions are left open for the petitioners to urge before the Court having jurisdiction. The Court further observed that if an appeal is filed before the competent court, the time consumed in pursuing the petition shall be set off while calculating the limitation. - 7 - HC-KAR NC: 2026:KHC:22905 WP No. 20936 of 2023 C/W WP No. 23799 of 2023 2. The petitioners, the Bank and the property in question are all situated within the jurisdiction of the Kalaburagi Bench of the Karnataka High Court. Having already approached the said Bench earlier, the petitioners cannot approach this Court merely because the DRT is situated in Bangalore. Even on an earlier occasion also, this Court has dismissed a similar writ petition. 3. In that view of the matter, this Court is passing the following: ORDER i. Accordingly, the writ petition is disposed of giving liberty to the petitioners to approach the Kalaburagi Bench. ii. The petitioners shall have the benefit of Section 14 of the Limitation Act. iii. Pending IAs., if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE SMC List No.: 1 Sl No.: 10