- 1 - HC-KAR NC: 2026:KHC:12949 WP No. 7244 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF MARCH, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 7244 OF 2026 (GM-DRT) BETWEEN: 1. SRI MAHESH R., S/O. SRI. RAJASHEKAR, AGED ABOUT 45 YEARS, RESIDING AT NO.36, 1ST MAIN ROAD, SUDHAMANAGAR, BENGALURU-560 027 2. SRI. P. RAJASHEKAR, S/O. SRI. PUTTAPPA, AGED ABOUT 78 YEARS, RESIDING AT NO.36, 1ST MAIN ROAD, SUDHAMANAGAR, BENGALURU-560 027 …PETITIONERS (BY SRI. PRASANNA KUMAR R.S., ADVOCATE) AND: 1. GURU RAGHAVENDRA SAHAKARA BANK NIYAMITHA HAVING ITS REGISTERED OFFICE AT NO.15, SUBBARAMA CHETTY ROAD, NETTAKALLAPPA CIRCLE, BASAVANAGUDI, BENGALURU-560 004. REP. BY ITS AUTHORIZED OFFICER Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:12949 WP No. 7244 of 2026 SHRIKANT ANANT JOSHI. (REGISTERED UNDER CO-OPERATIVE SOCIETIES ACT) 2. SRI. SALMAN, C/O. RASHMI MEDICALS, HAVING A SHOP IN NO.36, 1ST MAIN ROAD, SUDHAMANAGAR, BENGALURU-560 027 …RESPONDENTS THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE NOTICE DATED 22.06.2023 VIDE REF. NO. SGR/GV/865/LN244/2023-24 ISSUED BY THE R1 BANK (VIDE ANNEXURE-A) AND POSSESSION NOTICE DATED 18.09.2024 VIDE REF. NO. SGR/SK/1169/LN 244/2024-25 ISSUED BY THE R1 BANK (VIDE ANNEXURE-B) AND ORDER DATED 28.01.2026 PASSED BY THE XLVII ADDL. CHIEF JUDIICAL MAGISTRATE BENGALURU IN CRL. MISC NO. 375/2026 (VIDE ANNEXURE-C). THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 3 - HC-KAR NC: 2026:KHC:12949 WP No. 7244 of 2026 ORAL ORDER The present writ petition is filed seeking the following prayer : “WHEREFORE, the petitioners humbly pray that this Hon’ble Court be pleased to: a) Issue a writ of nature of certiorari or any other writ or order to quash the notice dated 22.06.2023, vide Ref.No.SGR/GV/865/ LN244/2023-24 issued by the respondent No.1 Bank (vide Annexure-A) and possession notice dated 18.09.2024, vide Ref. No.SGR/SK/1169/LN 244/2024-25 issued by the respondent No.1 Bank (vide Annexure-B) and order dated 28.01.2026, passed by the XLVIII Additional Chief Judicial Magistrate Bengaluru in Crl.Misc.No.375/2026 (vide Annexure-C). b) Issue any other relief or relives and pass such other orders as this Hon’ble Court deems fit under the circumstances of the case in the interest of justice and equity.” 2. Respondent No.1 is Guru Raghavendra Sahakara Bank Niyamitha. The Hon'ble Apex Court in S Shobha Vs. Muthoot Finance Ltd.1, has held that the writ petition against a finance company is not maintainable. In Para No.9 of the said judgment, the Hon’ble Apex Court has laid down the following guidelines: 1 2025 INSC 117 - 4 - HC-KAR NC: 2026:KHC:12949 WP No. 7244 of 2026 “9. We may sum up thus: (1) For issuing writ against a legal entity, it would have to be an instrumentality or agency of a State or should have been entrusted with such functions as are Governmental or closely associated therewith by being of public importance or being fundamental to the life of the people and hence Governmental. (2) A writ petition under Article 226 of the Constitution of India may be maintainable against (i) the State Government; (ii) Authority; (iii) a statutory body; (iv) an instrumentality or agency of the State; (v) a company which is financed and owned by the State; (vi) a private body run substantially on State funding; (vii) a private body discharging public duty or positive obligation of public nature; and (viii) a person or a body under liability to discharge any function under any Statute, to compel it to perform such a statutory function. (3) Although a non-banking finance company like the Muthoot Finance Ltd. with which we are concerned is duty bound to follow and abide by the guidelines provided by the Reserve Bank of India for smooth conduct of its affairs in carrying on its business, yet those are of regulatory measures to keep a check and provide guideline and not a participatory dominance or control over the affairs of the company. (4) A private company carrying on banking business as a Scheduled bank cannot be termed as a company carrying on any public function or public duty. (5) Normally, mandamus is issued to a public body or authority to compel it to perform some public duty cast upon it by some statute or statutory rule. In exceptional cases a writ of mandamus or a writ in the nature of mandamus may issue to a private body, but only where a public duty is cast upon such private body by a statute or statutory rule and only to compel such body to perform its public duty. (6) Merely because a statue or a rule having the force of a statute requires a company or some other - 5 - HC-KAR NC: 2026:KHC:12949 WP No. 7244 of 2026 body to do a particular thing, it does not possess the attribute of a statutory body. (7) If a private body is discharging a public function and the denial of any rights is in connection with the public duty imposed on such body, the public law remedy can be enforced. The duty cast on the public body may be either statutory or otherwise and the source of such power is immaterial but, nevertheless, there must be the public law element in such action. (8) According to Halsbury's Laws of England, 3rd Ed. Vol.30, p.682, “a public authority is a body not necessarily a county council, municipal corporation or other local authority which has public statutory duties to perform, and which perform the duties and carries out its transactions for the benefit of the public and not for private profit”. There cannot be any general definition of public authority or public action. The facts of each case decide the point.” 3. In the light of the above, the petition is not maintainable before this court. 4. In that view of the matter, this Court will not find any reasons to interfere. Accordingly, this Court is passing the following: ORDER i. The writ petition is dismissed as not maintainable before this Court and the petitioners are at liberty to avail the appropriate remedy before the appropriate forum. - 6 - HC-KAR NC: 2026:KHC:12949 WP No. 7244 of 2026 ii. All I.As. in this petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE PKN List No.: 1 Sl No.: 31