- 1 - HC-KAR NC: 2026:KHC:30040 WP No. 16920 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MS. JUSTICE JYOTI M WRIT PETITION NO. 16920 OF 2026 (GM-DRT) BETWEEN: 1. MR. PRASANNA KUMAR H.S., AGED ABOUT 51 YEARS, S/O. H.C.SHIVAPPA, RESIDING AT BASAVESHWAR NILAYA, 3RD MAIN, 2ND CROSS, CHATRAPATHI SHIVAJI ROAD, HEMAVATHINAGARA, HASSAN-573201. 2. MRS. T.G.HEMAVATHI, W/O. MR.PRASANNA KUMAR H.S., AGED ABOUT 46 YEARS, RESIDING AT BASAVESHWAR NILAYA, 3RD MAIN, 2ND CROSS, CHATRAPATHI SHIVAJI ROAD, HEMAVATHINAGARA, HASSAN-573201. …PETITIONERS (BY SMT. AKSHATHA SHETTY K., ADVOCATE) AND: KARNATAKA BANK LTD., ARM-BRANCH, BEHIND KARNATAKA BANK BUILDING, CA NO-1, C BLOCK, AKKAMAHADEVI ROAD, JP NAGAR, MYSURU- 570 031. REPRESENTED BY CHIEF MANAGER AND AUTHORISED OFFICER. …RESPONDENT Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:30040 WP No. 16920 of 2026 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 Smt.Akshatha Shetty K., counsel for the petitioners appeared in person. 2. This petition is filed seeking following reliefs: (i) Issue a Writ of Certiorari or any other appropriate Writ in the nature of direction, quashing auction sale notice dated 29.04.2026 issued by the Respondent vide Annexure-A bearing No. ARMB: MYS: MY 958:OR: 34/2026- 2027. and Annexure B bearing No.ARMB MYS:MY958:OR:34/2026-27. (ii) To issue a Writ of Mandamus or any other writ in the nature of direction, directing the Respondent Bank to afford a One Time Settlement Scheme to the Petitioners, by giving a reasonable extension of time to clear the outstanding dues after necessary deductions/discounts by the Respondent. (iii) To grant such other relief/s as this Hon'ble Court may deem fit in the circumstances of the case in the interest of justice and equity. - 3 - HC-KAR NC: 2026:KHC:30040 WP No. 16920 of 2026 3. Counsel for the petitioners parties urged several contentions. Heard the arguments and perused the papers with care. 4. The authorized officer of the Bank issued E-auction sale notice on 29.04.2026. The petitioners grievance is about the issuance of the auction sale notice. The relief sought by the petitioners cannot be granted under writ jurisdiction. The Apex Court has settled the law in a catena of decisions that a demand/ E-auction 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. It is significant to note that Article 226 is not intended to circumvent statutory procedures. When a right or liability is created by a statute which itself prescribes the remedy or procedure for enforcing the right or liability, resort must be had to that particular statutory remedy before seeking the discretionary remedy under Article 226. The law is also well settled that a petition under Article 226 should not be entertained unless the statutory remedies are ill-suited to meet the demands of an extraordinary situation. - 4 - HC-KAR NC: 2026:KHC:30040 WP No. 16920 of 2026 Moreover, the Apex Court has also observed in the case of UNITED BANK OF INDIA V/S. SATYAWATI TONDON AND OTHERS that the High Courts continue to ignore the availability of statutory remedies under the DRT and SARFAESI Act and exercised jurisdiction under Article 226 for passing orders which have serious adverse impact on the right of the Banks and other financial institutions to recover their dues. We hope and trust that in future the High Courts will exercise their discretion in such matters with great caution, care and circumspection. 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.: 6