Extracted from the PDF above. The PDF is authoritative.
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HC-KAR
CNR: KAHC010484042024 NC: 2026:KHC:46777 WP No. 22443 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MS. JUSTICE JYOTI M WRIT PETITION NO. 22443 OF 2024 (GM-DRT) BETWEEN:
PAPAMMA @ GEETHAMMA, W/O. MYLESHI, AGED ABOUT 56 YEARS, R/O 3RD CROSS, BUDHANAGAR, OPP. STADIUM ROAD, CHITRADURGA-577 501. …PETITIONER (BY SRI. R.SHASHIDHARA., ADVOCATE)
AND:
1.
THE DEPUTY COMMISSIONER CHITRADURGA DISTRICT, CHITRADURGA-577 501.
2.
THE TAHSILDAR, CHITRADURGA TALUK, CHITRADURGA-577 501.
3.
THE AUTHORIZED OFFICER/MANAGER, KARNATAKA GRAMIN BANK, B.D. ROAD BRANCH, CHITRADURGA-577 501. …RESPONDENTS (BY SRI. RAJAKUMAR M., AGA FOR R1 AND R2;
SRI. T.P.MUTTANNA, ADVOCATE FOR R3)
Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA
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HC-KAR
CNR: KAHC010484042024 NC: 2026:KHC:46777 WP No. 22443 of 2024
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.R.Shashidhara, counsel for the petitioner, Sri.Rajakumar.M., Additional Government Advocate for respondents 1 and 2 and Sri.T.P.Muthanna., counsel for respondent No.3 appeared in person.
2. This petition is filed seeking following reliefs:
(i) Issue writ of certiorari or any other writ or
order or direction, in the nature of writ, quashing the impugned order passed by the 1st respondent in No.M.A.G.(3).CR/45/2022- 23 dated 23.08.2022 vide Annexure-B, in the interest of equity and justice.
(ii) Issue any order or direction in the nature of writ as this Hon'ble Court may deem fit under the facts and circumstances of the case
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HC-KAR
CNR: KAHC010484042024 NC: 2026:KHC:46777 WP No. 22443 of 2024
including as to the cost by allowing this writ petition 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 first respondent passed the impugned order under Section 14 of the SARFAESI Act. Any person aggrieved by an order passed under Section 14 of the SARFAESI Act is entitled to assail the same before the appropriate forum in accordance with law. However, instead of availing the said remedy, the petitioner has approached this Court in haste.
In view of the availability of an efficacious alternative remedy before the appropriate Tribunal for challenging the impugned order, this Court is not inclined to exercise its discretionary jurisdiction under Article 226 of the Constitution of India. Accordingly, the writ petition is dismissed. It is, however, open to the petitioner to
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HC-KAR
CNR: KAHC010484042024 NC: 2026:KHC:46777 WP No. 22443 of 2024
approach the appropriate forum, if so advised and if otherwise permissible in law.
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
MRP List No.: 1 Sl No.: 28