- 1 - HC-KAR CNR: KAHC010332292022 NC: 2026:KHC:45448 WP No. 14863 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MS. JUSTICE JYOTI M WRIT PETITION NO. 14863 OF 2022 (GM-DRT) BETWEEN: MRS. KHATEEJAMA, W/O. SRI. SULAIMAN, AGED ABOUT 57 YEARS, R/AT MANCHI VILLAGE, BANTWAL TALUK, DAKSHINA KANNADA. …PETITIONER (BY SRI. VEERESH M. UPPIN, ADVOCATE FOR SRI. CHANDRANATH ARIGA K., ADVOCATE) AND: 1. BANK OF BARODA, MANGALORE MAIN BRANCH, GROUND FLOOR, EXCELL MISCHIEF MALL, K.S.ROAD, HAMAPANAKATTA, MANGALURU-575 001. REPRESENTED BY ITS ASSISTANT GENERAL MANAGER, MR. V.MANIMOZHIAN. 2. MR. S.IBRAHIM, S/O. YUSUF, AGED ABOUT 54 YEARS, D.NO.3-28/1, GERUPADAPU HOUSE, MANCHI KUKKAJE CROSS ROAD, POST BOX MANCHI BANTWAL TALUK-574 323, DAKSHINA KANNADA. Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010332292022 NC: 2026:KHC:45448 WP No. 14863 of 2022 3. MR. MOHAMMED ASHRAF, S/O. MOHIDIN KUNHI, AGED ABOUT 48 YEARS, MARATI MOOLE HOUSE, ASSAIGOLI POST, MANGALURU-575 018, DAKSHINA KANNADA. …RESPONDENTS (BY SRI. NAGARAJ N.DAMODAR, ADVOCATE FOR R1; R2 AND R3 SERVED AND UNREPRESENTED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER Sri.Veeresh M.Uppin., counsel on behalf of Sri.K.Chandranath Ariga., for the petitioner and Sri.Nagaraj N.Damodar., counsel for respondent No.1 appeared in person. 2. This petition is filed seeking following reliefs: (a) Direct the respondent No.1 Bank to take action in accordance with the order dated:07.05.2022 in Crl.Misc.No.126/2022 on the file of Prl. Senior Civil Judge and CJM, D.K., vide Annexure-E. - 3 - HC-KAR CNR: KAHC010332292022 NC: 2026:KHC:45448 WP No. 14863 of 2022 (b) To grant such other an further reliefs as this Hon'ble Tribunal deems fit to grant in the circumstances of the case. 3. Counsel for the respective parties urged several contentions. Counsel for the petitioner in presenting his argument strenuously urged that the petitioner is a tenant and is in possession of the property in question as per the Karnataka Land Revenue Act. Urging additional grounds, he submits that the prayer sought in the writ petition may be accorded. Counsel for respondent No.1 submits that the Bank had filed Section 14 petition and the same has been allowed. He argued that any person who is aggrieved by the order made under Section 14/ seeking compliance of the order has the alternate remedy. Hence, petition is devoid of merits and it may be dismissed. 4. Heard the arguments and perused the papers with care. - 4 - HC-KAR CNR: KAHC010332292022 NC: 2026:KHC:45448 WP No. 14863 of 2022 5. Suffice it to note that the Bank had filed a petition under Section 14 of the SARFAESI Act in Crl.Misc. No. 126/2022, which came to be allowed by the Court vide order dated 07.05.2022. The petitioner claims to be a tenant in possession of the subject property under the provisions of the Karnataka Land Revenue Act. From the tenor of the prayer, it appears that the petitioner seeks a direction to the Bank to take appropriate action in terms of the order passed by the Court in Crl.Misc.No.126/2022. Such a relief cannot be granted in exercise of the writ jurisdiction of this Court. Accordingly, I decline to exercise the writ jurisdiction and dismiss the writ petition. 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 MRP List No.: 1 Sl No.: 37