- 1 - HC-KAR NC: 2026:KHC:23823 WP No. 28835 of 2025 C/W WP No. 6960 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF APRIL, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 28835 OF 2025 (GM-DRT) C/W WRIT PETITION NO. 6960 OF 2025 (GM-DRT) IN WP No. 28835/2025 BETWEEN: 1. SRI MANJU S/O. LATE RANGAPPA AGED ABOUT 38 YEARS, R/AT NO. 128, KATAGANAPALYA, LASHMIPURA, RAMANAGARA-561 201. 2. SMT. YALLAMMA, W/O. SRI. MUNILINGAIAH, AGED ABOUT 50 YEARS, R/AT NO.78, KATAGANAPALYA, LASHMIPURA, RAMANAGARA-561 201. …PETITIONERS (BY SRI. GIREESHA R.J., ADVOCATE) AND: M/S JANA SMALL FINANCE BANK., (FORMERLY KNOWN AS JANALAKSHI FINANCE SERVICES LTD.,) HAVING ITS REGISTERED OFFICE AT THE FAIRWAY, GROUND AND FIRST FLOOR, SURVEY NO.10/1, 11/2, AND 12/2B, OFF DOMLUR, KORAMANGALA, INNER RING ROAD, NEXT TO EGL, Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:23823 WP No. 28835 of 2025 C/W WP No. 6960 of 2025 BUSINESS PARK, CHALLAGHATTA, BENGALURU- 560 071. REGIONAL BRANCH OFFICE AT NO.730, 1ST FLOOR, JAIRAM COMPLEX, HASUR ROAD, HINKAL, MYSORE- 570 017. REPRESENTED BY ITS SENIOR MANAGER AND AUTHORIZED OFFICER, MR. RANJAN HANUMANTH NAIK, S/O. HANUMANTH NAIK, AGED ABOUT 36 YEARS, …RESPONDENT (BY SRI. SURESH V., ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO A) CALL FOR RECORDS RELATING TO INITIATION OF PROCEEDINGS UNDER SARFAESI ACT (SECURITISATION AND RECONSTRUCTION OF FINANCIAL ASSETS AND ENFORCEMENT OF SECURITY INTEREST ACT) IN SO FOR AS IT RELATES TO THE PETITIONERS PROPERTY BEARING KHATA NO.152900401902200031/37/1A MEASURING EAST TO WEST 7.9248 METERS AND NORTH TO SOUTH 3.9624, SITUATED KATAKANAPALYA VILLAGE, LAKSHMIPURA GRAM PANCHAYATH, RAMANAGARA BLOCK, RAMANAGARA DISTRICT AND PERUSE THE SAME AND ETC. IN WP NO. 6960/2025 BETWEEN: 1. SMT. MANGALAGOWRI M., D/O. LATE MADAIAH, AGED ABOUT 52 YEARS, R/AT NO.143, WARD NO.22, KOTTIPURA, RAMANAGAR TALUK, RAMANAGAR DISTRICT-562 159. 2. SMT. NEELA, W/O. SRI. SHIVARAJU, - 3 - HC-KAR NC: 2026:KHC:23823 WP No. 28835 of 2025 C/W WP No. 6960 of 2025 AGED ABOUT 46 YEARS, R/AT NO.29, MAGADI ROAD, KEMPEGOWDA CIRCLE, RAMANAGAR TALUK, RAMANAGAR DISTRICT-562 159. 3. SRI. CHANDRU S, S/O. SRI. SHIVARAJU, AGED ABOUT 24 YEARS, R/AT NO.131, 3RD CROSS, TIPPU NAGAR, NEAR MADAIAH HOTEL, RAMANAGAR-571 511. ...PETITIONERS (BY SRI. GIREESHA R.J., ADVOCATE) AND: M/S. JANA SMALL FINANCE BANK (FORMERLY KNOWN AS JANALAKSHI FINANCE SERVICES LTD.,) HAVING ITS REGISTERED OFFICE AT THE FAIRWAY, GROUND AND FIRST FLOOR, SURVEY NO.10/1, 11/2, AND 12/2B, OFF DOMLUR, KORAMANGALA, INNER RING ROAD, NEXT TO EGL, BUSINESS PARK, CHALLAGHATTA, BENGALURU-560 071. REGIONAL BRANCH OFFICE AT “DIVYASREE CHAMBERS” NO.11, ‘O’ SHUGHNESSY ROAD, 5TH FLOOR, A WING OFF LANGFORD ROAD, SHANTHI NAGAR, BENGALURU-560 025. REPRESENTED BY ITS ZONAL LEGAL MANAGER AND ASSOCIATE VICE PRESIDENT AUTHORIZED OFFICER, SRI. BABU SREEJITH. ...RESPONDENT (BY SRI. SURESH V.,ADVOCATE) - 4 - HC-KAR NC: 2026:KHC:23823 WP No. 28835 of 2025 C/W WP No. 6960 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO- A) CALL FOR RECORDS RELATING TO INITIATION OF PROCEEDINGS UNDER SARFAESI ACT (SECURITISATION AND RECONSTRUCTION OF FINANCIAL ASSETS AND ENFORCEMENT OF SECURITY INTEREST ACT) IN SO FOR AS IT RELATES TO THE PETITIONERS PROPERTY BEARING MUNICIPAL KHATA NO.179/345/201. OLD MUNICIPAL KHATA NO.201, WARD NO.23/1, SITUATED KOTTIPURA, RAMANAGARA TOWN, RAMANAGARA DISTRICT, MEASURING EAST TO WEST 17 FEET, AND NORTH TO SOUTH 43 FEET, TOTALLY 731 SQ FT (OUT OF 57 X 43) AND PERUSE THE SAME. THESE WRIT PETITIONS, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER WP.No.28835/2025 is filed seeking the following prayer: "PRAYER WHEREFORE, the petitioner respectfully prays that Hon'ble court be pleased to: a) Call for records relating to initiation of proceedings under SARFAESI Act (Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act) in so for as it relates to the petitioners property bearing Khata No.152900401902200031/37/1A measuring East to West 7.9248 Meters and and North to South 3.9624, situated Katakanapalya Vilalge, Lakshmipura Gram Panchayath, Ramanagara Block, Ramanagara District and peruse the same. b) Issue a writ of certiorari quashing order dated 12.05.2025 passed in Crl. Misc No.66/2025 by the Prl. Senior Civil Judge and CJM, Ramanagara U/s. 14 of SARFAESI Act 2002, produced at Annexure-D, in the interest of justice and equity. c). Issue a writ of Manduamas or any other appropriate writ to direct the respondent bank to hand over the keys - 5 - HC-KAR NC: 2026:KHC:23823 WP No. 28835 of 2025 C/W WP No. 6960 of 2025 of the petition schedule property to the petitioner No.2 and permit her to reside in the property in the ends of justice and equity. d) Issue any order/s or direction/s in the form of Writ as deemed fit by this Hon'ble Court, under the facts and circumstances of the case, including the costs of this Writ Petition." 2. WP.No.6960/2025 is filed seeking the following prayer: "PRAYER WHEREFORE, the petitioner respectfully prays that Hon'ble court be pleased to: a) Call for records relating to initiation of proceedings under SARFAESI Act (Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act) in so for as it relates to the petitioners property bearing Municipal Khata No. 179/345/201. Old Municipal Khata No.201, Ward No.23/1, situated Kottipura, Ramanagara Town, Ramanagara District, measuring East to West 17 Feet, and North to South 43 Feet, totally 731 Sq.Ft ( out of 57 X 43) and peruse the same. b) Issue a writ of certiorari quashing order dated 05.04.2024 passed in Crl. Misc No.27/2014 by the Prl. Senior Civil Judge and CJM, Ramanagara U/s.14 of SARFAESI Act 2002, produced at Annexure-D, in the interest of justice and equity. c). Issue a writ of certiorari or any other writ quash possession notice dated 07.03.2024 issued by respondent bank through Kannada Prabha, Kannada daily newspapers produced at Annexure-E, as illegal, arbitrary, unjust and voilative of Article 300(A) of the Constitution of India. d) Issue any order/s or direction/s in the form of Writ as deemed fit by this Honble Court, under the facts and circumstances of the case, including the costs of this Writ Petition." 3. In WP.No.6960/2025, a Co-ordinate Bench of this Court had passed an order dated 26.03.2025, wherein the petitioners were directed to deposit 10% of the amount due to - 6 - HC-KAR NC: 2026:KHC:23823 WP No. 28835 of 2025 C/W WP No. 6960 of 2025 the Bank within six weeks. In WP.No.28835/2025, by order dated 03.11.2025, this Court had directed the matter to be listed along with WP.No.6960/2025 and observed that the respondent/Bank shall not take any coercive steps till the next date of hearing. 4. Learned counsel appearing for the petitioners submits that as per the order passed in WP.No.6960/2025, the petitioners have paid the amount. 5. Learned counsel appearing for the respondent/Bank submits that they have already given the possession of the property to the auction purchaser. 6. Having heard the learned counsels on either side, perused the entire material on record. Considering the judgment of the Apex Court in case of S.Shobha Vs. Muthoot Finance Ltd.1 and also Phoenix Arc Private Limited Vs. Vishwa Bharati Vidya Mandir and Others2, the writ petition against a private finance Company is not maintainable. Hence, this Court is passing the following order: 1 2025 INSC 117 2 (2022) 5 SCC 345 - 7 - HC-KAR NC: 2026:KHC:23823 WP No. 28835 of 2025 C/W WP No. 6960 of 2025 ORDER i. Accordingly, both these writ petition are disposed of giving liberty to the petitioners to avail the appropriate remedy before the Debts Recovery Tribunal. ii. Whatever the amount that is deposited by the petitioners as per the order dated 26.03.2025, the same shall be refunded to the petitioners within a period of two weeks from the date of receipt of copy of this order. iii. The petitioners shall approach the Debts Recovery Tribunal within 30 days from the date of receipt of copy of this order. iv. Till such time, the respondent/Bank shall not take any coercive steps as the petitioners already have the benefit of interim order. v. The petitioners shall have the benefit of Section 14 of the Limitation Act. vi. All I.As. in this petition shall stand closed. Sd/- (LALITHA KANNEGANTI) JUDGE MEG/List No.: 1 Sl No.: 64