- 1 - HC-KAR NC: 2026:KHC:28816 WP No. 17572 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MS. JUSTICE JYOTI M WRIT PETITION NO. 17572 OF 2026 (GM-DRT) BETWEEN: SANJAY K., S/O. S.KARUPPAN, AGED ABOUT 41 YEARS, R/AT NO.14 AND 15, KATHA NO.36/1, BEERESHWARA NAGAR, CHUNCHAGATTA, UTHARALLI HOBLI, BENGALURU-560078. NOW AT NO.173, 8TH CROSS, DRTC. M RAYAN ROAD, BHAKSHI GARDEN CHIKPET, BENGALURU-560053. …PETITIONER (BY SRI. KARUMBAIAH T.A., ADVOCATE) AND: 1. BANK OF MAHARASHTRA, J.P.NAGAR BRANCH, J.P.NAGAR, BENGALURU-560018. REPRESENTED BY THE BANK MANAGER. 2. THE AUTHORIZED OFFICER AND CHIEF MANAGER, BANK OF MAHARASHTRA, ASSET RECOVERY BRANCH, NO.485/A, 22ND CROSS, 3RD BLOCK, Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:28816 WP No. 17572 of 2026 OPP: TO NMKRV COLLEGE FOR WOMEN, JAYANAGAR, BENGALURU-560 011. 3. LEELARAJ P., PROPRIETOR M/S. LEELARAJ ENTERPRISES, NO.897/B, 80 FEET ROAD, 6TH BLOCK, KORAMANGALA, BENGALURU-560047. …RESPONDENTS (BY SMT. DIVYA PURANDAR, ADVOCATE FOR R1 AND R2) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER Sri.T.A.Karumbaiah, counsel for the petitioner and Smt.Divya Purandar, counsel for respondent Nos.1 and 2 appeared in person. 2. This petition is filed seeking following reliefs: (i) Issue a writ of certiorari to quash Annexure- C the auction sale notice dated 30.05.2026 bearing No.AX27/Sarfaesi/Sale Notice/2026- 27 issued by the 2nd respondent; (ii) Issue a writ of mandamus directing respondents 1 and to deliver possession of - 3 - HC-KAR NC: 2026:KHC:28816 WP No. 17572 of 2026 the schedule property to the petitioner within a specified period; (iii) Issue a writ of mandamus directing respondents 1 and 2 to consider the case of the petitioner for regularization of the loan account and to continue to pay the EMI in future. (iv) Issue any other writ, order or direction as this Hon'ble Court deems fit in the circumstances of the case. 3. Counsel for the respective parties urged several contentions. Heard the arguments and perused the papers with care. 4. The authorized officer of the Bank of Maharashtra has issued e-auction sale notice for the sale of immovable assets under SARFAESI Act, 2002 r/w proviso to Rule 8(6) and 9(1) of Security Interest (Enforcement) Rules, 2002 on 30.05.2026. The petitioner's grievance is about the issuance of the sale notice issued under SARFAESI Act, 2002. The relief sought by the petitioner cannot be granted under writ jurisdiction. The Apex Court has settled the law in a catena of - 4 - HC-KAR NC: 2026:KHC:28816 WP No. 17572 of 2026 decisions that a sale notice cannot be challenged by filing a writ petition. The litigants are not remediless, as the Tribunal has been established specifically to adjudicate the lis. The petition is devoid of merits. Accordingly, the writ petition is dismissed. Because of dismissal the Writ Petition, interim order granted if any stands discharged and pending interlocutory applications if any are disposed of. SD/- (JYOTI M) JUDGE SS List No.: 1 Sl No.: 9