- 1 - HC-KAR CNR: KAHC010087092024 NC: 2026:KHC:46579 WP No. 5476 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MS. JUSTICE JYOTI M WRIT PETITION NO. 5476 OF 2024 (GM-DRT) BETWEEN: 1. SRI. FAKRUDDIN, S/O. MAHABUB SAB, AGED ABOUT 43 YEARS, 2. SMT. RESHMA BANU, W/O. FAKRUDDIN, AGED ABOUT 42 YEARS, BOTH ARE R/AT NO.550/39, AMARAPPAN THOTADA PASHCHIMABHAGAD MANEGALU, DAVANAGERE - 577 001 …PETITIONERS (BY SMT. THEJASWINI, ADVOCATE FOR; SRI. SIDDAPPA B M.,ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER, DAVANAGERE DISTRICT, DAVANAGERE - 577 001. 2. THE MANAGERS, FINCARE SMALL FINANCE BANK, LOCAL OFFICE HEAD OFFICE NO.835/39, 5TH FLOOR, Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010087092024 NC: 2026:KHC:46579 WP No. 5476 of 2024 BREN MERCURY, KAIKONDANAHALLI, SARJAPUR MAIN ROAD, BENGALURU - 560 035. …RESPONDENTS (BY SRI. RAJAKUMAR M., AGA FOR R1; SRI. FRANCIS XAVIER, ADVOCATE FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER Sri.Thejaswini, counsel on behalf of Sri.Siddapppa B.M., for the petitioners appeared through video conferencing, Sri.Rajakumar M., Additional Government Advocate for respondent No.1 and Mr.Francis Xavier, counsel for respondent No.2 appeared in person. 2. This petition is filed seeking following reliefs: (i) Issue a writ of certiorari or any other writ or order or direction, in the nature of writ, quashing the order passed by the respondent - 3 - HC-KAR CNR: KAHC010087092024 NC: 2026:KHC:46579 WP No. 5476 of 2024 No.1 in case No. MAG(3).CR91/2020-21 dated 04.02.2022 produced as Annexure-E to the writ petition. (ii) Cost and such other reliefs deems fit to grant under the 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 first respondent passed the order under Section 14 of the SARFAESI Act. There is an alternate remedy of approaching the Tribunal to challenge the impugned order. Hence, this Court is not inclined to exercise discretionary powers under writ jurisdiction. Accordingly, the writ petition is dismissed. The petitioners may approach the competent forum if so advised and if the law permits. - 4 - HC-KAR CNR: KAHC010087092024 NC: 2026:KHC:46579 WP No. 5476 of 2024 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.: 12