- 1 - HC-KAR NC: 2026:KHC:32102 WP No. 17845 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MS. JUSTICE JYOTI M WRIT PETITION NO. 17845 OF 2022 (GM-DRT) BETWEEN: 1. SRI. MAHADEVAIAH, S/O. MAHADEVAIAH, AGED ABOUT 46 YEARS, 2. SMT. SAKAMMA, W/O. MAHADEVAIAH, AGED ABOUT 60 YEARS, BOTH ARE RESIDING AT NO.404, MADUVANAHALLI VILLAGE, HULLAHALLI HOBALI, NANJANAGUD TALUK, MYSURU DISTRICT-571315. …PETITIONERS (BY SMT. VEDAVATHI H.T., ADVOCATE) AND: 1. THE AUTHORIZED OFFICER M/S. EQUITAS SMALL FINANCE BANK, NO.3/5, JAVARAPPA COMPLEX, S.NO.43/3, MUNESHVARANAGARA, ULLAL MAIN ROAD, MALLATHALLI, BENGALURU-560056. 2. THE MANAGER, M/S. EQUITAS SMALL FINANCE BANK, BRANCH OFFICE, Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:32102 WP No. 17845 of 2022 NEAR R.M.P. QUARTERS, APOLLO HOSPITAL ROAD, 3RD CROSS, KUVEMPU NAGARA, MYSURU-570023. …RESPONDENTS (BY SMT. VEENA S., ADVOCATE FOR SRI. NAGESHA B.S., ADVOCATE AND SRI. VIJAY S., ADVOCATE FOR R1 AND R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. THIS WRIT PETITION IS LISTED FOR ORDERS, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER Smt.Vedavathi.H., counsel for the petitioners and counsel for the respondents appeared in person. 2. Though the matter is listed today for orders, it is heard. 3. This petition is filed seeking following reliefs: (a) Set aside the impugned order dated:28.07.2022 passed by the Principal Senior Civil Judge and CJM Court, Mysore, in Crl.Misc.78/2022, under Section 14 of the SARFAESI Act, (Annexure-C). - 3 - HC-KAR NC: 2026:KHC:32102 WP No. 17845 of 2022 (b) Issue writ of mandamus, directing the respondent Bank to re-deliver/ restore the possession of the Schedule Property to the petitioners, henceforth/ immediately. (c) Pass any other orders which this Court deems fit and proper on the facts and circumstances of the case, in the interest of justice and equity. 4. Counsel for the petitioners urged several contentions. Heard the arguments and perused the papers with care. 5. Suffice it to note that the respondent Bank had filed petition under Section 14 of the SARFAESI Act in Crl.Misc.No.78/2022 and the Court vide order dated:28.07.2022 had allowed the petition. The order passed under Section 14 of the SARFAESI Act cannot be questioned under writ jurisdiction, as there is an alternate remedy of filing an appeal before the DRT. 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 - 4 - HC-KAR NC: 2026:KHC:32102 WP No. 17845 of 2022 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. 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. Hence, I decline to exercise power under writ jurisdiction. Accordingly, the writ petition is dismissed. - 5 - HC-KAR NC: 2026:KHC:32102 WP No. 17845 of 2022 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 MRP List No.: 1 Sl No.: 41