Extracted from the PDF above. The PDF is authoritative.
- 1 -
HC-KAR
CNR: KAHC010576282026 NC: 2026:KHC:44914 WP No. 26120 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MS. JUSTICE JYOTI M WRIT PETITION NO. 26120 OF 2026 (GM-DRT) BETWEEN:
1.
SRI. M.V.VENKATARAMAPPA, S/O. MUNISWAMY, AGED ABOUT 68 YEARS,
2.
SMT. NARAYANAMMA, W/O. SRI.M.V.VENKATARAMAPPA, AGED ABOUT 58 YEARS,
3.
SRI. V.RAMESH, S/O. SRI. M.V.VENKATARAMAPPA, AGED ABOUT 43 YEARS,
ALL ARE RESIDING AT RAJENDRAHALLI VILLAGE, BYRAKURU HOBLI, MULABAGALU TALUK, KOLAR DISTRICT-563132. …PETITIONERS (BY SRI. JITTO JOSEPH, ADVOCATE FOR SRI. DEVENDRA GOWDA R.R., ADVOCATE)
AND:
1.
CANARA BANK HI-TECH AGRICULTURAL FINANCE BRANCH, GROUND FLOOR, KRISHI BHAVAN, NRUPATHUNGA ROAD, HUDSON CIRCLE, BENGALURU-560002.
BY IT'S CHIEF MANAGER
Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA
- 2 -
HC-KAR
CNR: KAHC010576282026 NC: 2026:KHC:44914 WP No. 26120 of 2026
2.
THE AUTHORIZED OFFICER, CANARA BANK, ARM-1 BRANCH, NO.86, 2ND FLOOR, SPENCER TOWERS, M.G. ROAD, BENGALURU -560001. …RESPONDENTS (BY SRI. KARTHIK REDDY C., ADVOCATE FOR SRI. C.VINAY SWAMY, ADVOCATE FOR C/R1)
THIS WRIT PETITION IS FILED UNDER ARTICLE 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
Sri.Jitto Joseph, counsel on behalf of Sri.Devendra Gowda R.R., for the petitioners and Sri.Karthik Reddy C., counsel on behalf of Sri.C.Vinay Swamy, for caveator / respondent No.1 appeared in person.
2. This petition is filed seeking following reliefs: (i) Issue a writ of certiorari quashing the impugned sale notice dated 30.07.2026 issued by the respondent No.2 vide No.2366/CR- 824/KK/2026-27 Annexure A as the same being illegal, arbitrary, contrary to the provisions of the SARFAESI Act, and unsustainable in law.
- 3 -
HC-KAR
CNR: KAHC010576282026 NC: 2026:KHC:44914 WP No. 26120 of 2026
(ii) Pass such other or further orders as this Hon'ble Court may deem fit and proper in the
facts and circumstances of the case, in the interest of justice and equity.
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 sale notice for sale of immovable assets under SARFAESI Act read with the relevant Rules. The petitioners grievance is about the issuance of the 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 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.
- 4 -
HC-KAR
CNR: KAHC010576282026 NC: 2026:KHC:44914 WP No. 26120 of 2026
The petitioners may approach the appropriate forum if so advised and if the law permits. 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.: 8