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2026 DAILYLAW 34500 (KAR)

SMT. P GEETHA v. SRI. GURURAGHAVENDRA CO OPEARATIVE BANK LTD

WP/24862/2026 · 2026-08-18

Jyoti M

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010547532026 NC: 2026:KHC:44229 WP No. 24862 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MS. JUSTICE JYOTI M WRIT PETITION NO. 24862 OF 2026 (GM-DRT) BETWEEN: SMT. P GEETHA W/O LATE S. A. KRISHNAMURTHY AGED ABOUT 50 YEARS, R/AT NO. 125/29/1A, 4TH A CROSS, BRUNDAVANA NAGARA KADIRENAHALLI, CHIKKALASANDRA UTTARAHALLI HOBLI, BENGALURU 560061 …PETITIONER (BY SRI. T DADA KHALANDAR.,ADVOCATE) AND: 1. SRI. GURURAGHAVENDRA CO-OPERATIVE BANK LTD (REGD UNDER THE KCS ACT 1959) NO.15, SUBBARAMA CHETTY ROAD NETKALLAPPA CIRCLE BASAVANAGUDI, BENGALURU 560004 BY ITS AUTHORIZED OFFICER 2. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (URBAN BANK CELL) NO.1 ALI ASKAR ROAD BENGALURU 560052 …RESPONDENTS Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010547532026 NC: 2026:KHC:44229 WP No. 24862 of 2026 (BY SRI. RAJA KUMAR M., AGA FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER Sri.Dada Khalandar, counsel for the petitioner and Sri.Raja Kumar M., Additional Government Advocate for respondent No.2 appeared in person. 2. This petition is filed seeking following reliefs: (i) Issue writ of certiorari quashing Annexure 'A' and B bearing No.SGR/PK2/L-961/874/2026- 27 dated 18.07.2026 issued by the respondent No.1 Bank as null and void insofar as petition schedule concern. (ii) To grant any order or direction as this Hon'ble Court deems fit to grant in the interest of justice and equity. - 3 - HC-KAR CNR: KAHC010547532026 NC: 2026:KHC:44229 WP No. 24862 of 2026 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 notices 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 notices. 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 notices 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 petitioner may approach the appropriate forum if so advised and if the law permits. - 4 - HC-KAR CNR: KAHC010547532026 NC: 2026:KHC:44229 WP No. 24862 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.: 6