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2026 DAILYLAW 32761 (KAR)

SRI MUNIRAJA v. THE AUTHORIZED OFFICER AND BRANCH MANAGER

WP/26015/2026 · 2026-08-19

Jyoti M

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR CNR: KAHC010571442026 NC: 2026:KHC:44580 WP No. 26015 of 2026 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. 26015 OF 2026 (GM-DRT) BETWEEN: 1. SRI. MUNIRAJA S/O SHIVALINGE GOWDA, AGED ABOUT 47 YEARS, 2. SMT. SHOBHA W/O MUNIRAJA AGED ABOUT 37 YEARS, BOTH ARE R/AT SHETTIHALI VILLAGE, KASABA HOBLI, CHANNARAYAPATNA TALUK, HASSAN DISTRICT - 573 116 …PETITIONERS (BY SRI. H. MOHAN KUMAR, ADVOCATE) AND: THE AUTHORIZED OFFICER AND BRANCH MANAGER, SBFC, FINANCE LTD., (A COMPANY REGISTERED UNDER COMPANY'S ACT), BRANCH OFFICE AT 1ST FLOOR, GURURAJA COMPLEX, ABOVE UNION BANK, BM ROAD, CHANNARAYAPATNA - 573 116 HASSAN DISTRICT. …RESPONDENT Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010571442026 NC: 2026:KHC:44580 WP No. 26015 of 2026 THIS WRIT PETITION IS FILED UNDER ARTICLE 226 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 Sri.H.Mohan Kumar, counsel for the petitioners appeared in person. 2. This petition is filed seeking following reliefs: (i) Issue an order or direction in the nature of certiorari by quashing public auction notice dated 16.07.2026 issued by the respondent published in Karnataka Daily News Paper "Kannada Prabha", dated 16.07.2026 vide Annexure-E. (ii) Issue an order or direction in the nature of mandamus directing the respondent to hand over possession of schedule property to the petitioners and (iii) Pass such other order or orders, as the petitioners are entitled to in the facts and circumstances of the case, in the interest of justice and law. - 3 - HC-KAR CNR: KAHC010571442026 NC: 2026:KHC:44580 WP No. 26015 of 2026 3. Counsel for the petitioners 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 for sale of immovable assets under SARFAESI Act read with the relevant Rules. The petitioners 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, 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 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 petitioners may approach the appropriate forum if so advised and if the law permits. - 4 - HC-KAR CNR: KAHC010571442026 NC: 2026:KHC:44580 WP No. 26015 of 2026 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.: 20