- 1 - HC-KAR NC: 2026:KHC:15183 WP No. 5855 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF MARCH, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 5855 OF 2023 (GM-DRT) BETWEEN: 1. SRI B SUBRAMANYA AGED ABOUT 53 YEARS, S/O LATE G BASAVARAJU RESIDING AT NO MIG 2-935 BEHIND CLUB, 6TH PHASE, SHARADADEVI NAGAR, MYSORE - 570 023 …PETITIONER (BY SRI. RAJENDRA M.A., ADVOCATE) AND: 1. THE AUTHORIZED OFFICER AND THE GRADUATES CO OPERATIVE BANK LTD CHAMARAJA DOUBLE ROAD, MYSORE - 570 024 …RESPONDENT (BY SRI. B.S. MAHENDRA, ADVOCATE FOR C/R) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 28/02/2023 PASSED BY THE HONBLE DISTRICT MAGISTRATE COURT, MYSORE, IN CRL.MISC.NO.29/2023 (ANNEXURE-A) SINCE THERE IS GROSS VIOLATION OF PROVISIONS OF THE ACT AND ON SUBSTANTIAL QUESTION OF LAW, WHICH THE HONBLE DIST. MAGISTRATE, FAILED TO CONSIDER WHILE PASSING THE IMPUGNED ORDER. Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:15183 WP No. 5855 of 2023 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER The present writ petition is filed seeking the following prayers: “a) It is respectfully prayed to quash/set aside the impugned order dt.28.02.2023 passed by the Hon'ble District Magistrate Court, Mysore, in Crl.Misc. No. 29/2023 (Annexure-A), since there is gross vilation of provisions of the Act and on substantial question of law, which the Hon'ble District Magistrate, failed to consider while passing the impugned order. b) Restrain the respondent bank from taking possession of the schedule property by virtue of the impugned order. c) Grant such other reliefs that this Hon'ble Court may deem fit and proper to grant under the circumstance of the case, including the cost of these proceedings, in the interest of justice and equity.” - 3 - HC-KAR NC: 2026:KHC:15183 WP No. 5855 of 2023 2. When the matter came up for hearing, learned counsel for the petitioner submits that the petitioner may be granted liberty to avail the appropriate remedy before the DRT. 3. Considering the said submission of the learned counsel for the petitioner, the writ petition is disposed of, giving liberty to the petitioner to avail the appropriate remedy before the DRT. The petitioner shall have the benefit of Section 14 of the Limitation Act. 4. Pending IAs., if any, shall stand closed. Sd/- (LALITHA KANNEGANTI) JUDGE SMC List No.: 1 Sl No.: 4