- 1 - HC-KAR CNR: KAHC010026012025 NC: 2026:KHC:44576 WP No. 1263 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MS. JUSTICE JYOTI M WRIT PETITION NO. 1263 OF 2025 (GM-DRT) BETWEEN: SMT. J.T. JYOTHI WIFE OF N. OBALESHWARAPPA AGED ABOUT 45 YEARS RESIDING AT HOUSE NO.MIG/2A, SITE NO.23, KATHA NO.9700, ASSESSMENT NO.17576/23, SITUATED AT KHB COLONY, 2ND STAGE, KELAGOTTE, WARD NO.29, 5TH BLOCK, CHITRADURGA - 577 213 …PETITIONER (BY SMT. NAVYASHREE, ADVOCATE FOR SRI. SIDDAMALLAPPA P.M., ADVOCATE) AND: 1. STATE OF KARNATAKA, REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPORTMENT OF CO-OPERATION, M.S. BUILDING, BANGALORE-560 001 2. THE MANAGER KARNATAKA GRAMINA BANK IUPD BRANCH, CHITRADURGA-577213 3. SRI. N. OBALESHWARAPPA SON OF LATE NINGAPPA AGED ABOUT 52 YEARS Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010026012025 NC: 2026:KHC:44576 WP No. 1263 of 2025 WORKING AS A LINEMEN BESCOM, RESIDING AT 1ST MAIN ROAD, IUDP LAYOUT CHITRADURGA - 577 213 4. SRI. MANJUNATHA REDDY V.P SON OF PAPANNA REDDY RESIDING AT SANGAMESHWARA LAYOUT, NEAR AKASHVANI CHITRADURGA - 577 213 …RESPONDENTS (BY SRI. RAJAKUMAR .M., AGA FOR R1 SRI. T.P. MUTHANNA, ADVOCATE FOR C/R2 SRI. B.M. SIDDAPPA, ADVOCATE FOR PROPOSED RESPONDENT ON IA 1/26) 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.Navyashree, counsel on behalf of Sri.Siddamallappa P.M., for the petitioner, Sri.Rajakumar M., Additional Government Advocate for respondent No.1, Sri.T.P.Muthanna, counsel for caveator / respondent No.2 and Sri.B.M.Siddappa, counsel for proposed respondent appeared in person. - 3 - HC-KAR CNR: KAHC010026012025 NC: 2026:KHC:44576 WP No. 1263 of 2025 2. This petition is filed seeking following reliefs: (i) Issue a writ of certiorari and order to quash the impugned proceedings initiated by 2nd respondent in Criminal Mis.No.114/2023, order dated 06.01.2025 under Section 14 of SARFAESI Act on the file of Chief Judicial Magistrate, Chitradurga with respect to the property house bearing No.MIG/2A, constructed out of site No.23, Katha No.9700, Assessment No.17576/23, measuring 7.5 meters x 12 meters, situated at KHB Colony, 2nd stage, Kelagotte, Ward No.29, 5th Block, Chitradurga vide Annexure- H. (ii) Issue any other writ or direction or order that could be give fit to be granted in the circumstances of the case by allowing the writ with exemplary cost and in the interest of justice. 3. Counsel for the respective parties urged several contentions. Heard the arguments and perused the papers with care. 4. Suffice it to note that the Bank had filed petition under Section 14 of the SARFAESI Act in Crl.Misc.No.114/2023 - 4 - HC-KAR CNR: KAHC010026012025 NC: 2026:KHC:44576 WP No. 1263 of 2025 and the Court vide order dated:06.01.2025 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 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 - 5 - HC-KAR CNR: KAHC010026012025 NC: 2026:KHC:44576 WP No. 1263 of 2025 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. 5. Accordingly, the writ petition is dismissed. Because of dismissal of 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.: 14