- 1 - HC-KAR CNR: KAHC010495422026 NC: 2026:KHC:37631 WP No. 22359 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JULY, 2026 BEFORE THE HON'BLE MS. JUSTICE JYOTI M WRIT PETITION NO. 22359 OF 2026 (GM-DRT) BETWEEN: SMT. NIKHITHA L.BHANDARY, AGED ABOUT 34 YEARS, W/O. MR.LAKSHMISHA BHANDARY, R/AT NO.3E-23-1996/16, FLAT NO.401, BHANDARY SOLITAIRE, KADRI TEMPLE ROAD, KADRI, MANGALORE- 575002. REPRESENTED BY HER GPA HOLDER, SRI. LAKSHMISH BHANDARY, SON OF PERUVODI CHANDRAHAS BHANDARY, AGED ABOUT 52 YEARS, R/AT MADWA HOUSE, KUMBLA VI, KODIYAMME POST, ICHILAMPADY, KASARGOD, KERALA-571 321. …PETITIONER (BY SRI. VIJAY KRISHNA BHAT M., ADVOCATE) AND: 1. THE CANARA BANK, REPRESENTED BY ITS MANAGER, ARM BRANCH, MANIPAL, DAKSHINA KANNADA DISTRICT-576104. 2. THE AUTHORIZED OFFICER, THE CANARA BANK, ARM BRANCH, MANIPAL, DAKSHINA KANNADA DISTRICT-576104. Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010495422026 NC: 2026:KHC:37631 WP No. 22359 of 2026 3. SMT. ASIMA, D/O. LATE MULKI ABDUL KHADER HASAN BAVA, AGED MAJOR, 4. MRS. SHAMA, D/O. LATE MULKI ABDUL KHADER HASAN BAVA, AGED MAJOR, 5. MR. NABIL, S/O. LATE MULKI ABDUL KHADER HASAN BAVA, AGED MAJOR, 6. MRS. GULSHAN, D/O. LATE MULKI ABDUL KHADER HASAN BAVA, AGED MAJOR, 7. MR. SUMAYYA, D/O. LATE MULKI ABDUL KHADER HASAN BAVA, AGED MAJOR, 8. MRS. NILOFAR, D/O. LATE MULKI ABDUL KHADER HASAN BAVA, AGED MAJOR, RESPONDENTS NO.3 TO 8 ARE RESIDING AT FLAT NO.2301, DOOR NO.1-N-5-391/205, 23RD FLOOR, BHANDARY HEIGHTS, KOTTARA, MANGALURU-575 006. D.K. DISTRICT. …RESPONDENTS (BY SRI. TAJI GEORGE, ADVOCATE FOR R1 AND R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. - 3 - HC-KAR CNR: KAHC010495422026 NC: 2026:KHC:37631 WP No. 22359 of 2026 THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER Sri.Vijay Krishna Bhat M., counsel for the petitioner and Sri.Taji George, counsel for caveator respondent No.1 and 2. 2. This petition is filed seeking following reliefs: (a) Issue a writ of certiorari or any other appropriate writ, order or direction quashing the auction sale notice published by respondent Nos.1 to 3 proposing to auction the schedule property on 22.07.2026, as per Annexure-F. (b) Issue a writ of mandamus directing respondent Nos.1 to 3 to obtain a fresh valuation of the schedule property through two independent approved valuers and thereafter fix the reserve price strictly in accordance with the prevailing market value before proceeding with the auction. (c) Direct respondent Nos.1 to 3 to retain, preserve and not to release any surplus amount remaining after satisfaction of the secured debt and further direct that such - 4 - HC-KAR CNR: KAHC010495422026 NC: 2026:KHC:37631 WP No. 22359 of 2026 surplus amount be deposited and retained in a separate interest bearing account, subject to further orders of the civil Court. (d) Grant such other writ, order or direction as this Hon'ble Court deems fit in the facts and circumstances of the case, including costs of these proceedings. 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 had issued a E-auction sale notice on 22.07.2026 for sale of immovable assets under SARFAESI Act read with the relevant Rules. The petitioner's grievance is about the issuance of the E- auction sale notice. Any person/s aggrieved by issuance of notices under SARFAESI Act/ Rules are not powerless. They have a liberty of filing objections and also approach DRT under Section 17 of the Act, appealing to the Tribunal if needed. The Apex Court has settled the law in a catena of decisions that a E-auction sale notice cannot be - 5 - HC-KAR CNR: KAHC010495422026 NC: 2026:KHC:37631 WP No. 22359 of 2026 challenged by filing a writ petition. The litigants are not remediless, as the Tribunal has been established specifically to adjudicate the lis. Hence, this Court declines to exercise discretionary powers under writ jurisdiction. The petition is devoid of merits. Accordingly, the writ petition is dismissed. The petitioner may approach the appropriate forum if so advised and if the law permits. 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.: 8