- 1 - HC-KAR CNR: KAHC010074392022 NC: 2026:KHC:47520 WP No. 3553 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MS. JUSTICE JYOTI M WRIT PETITION NO. 3553 OF 2022 (GM-DRT) BETWEEN: 1. MR. MOHAMMED HANIFH, S/O. ABDUL REHAMAN, AGED ABOUT 54 YEARS, D/NO.10-125 B, KUBER HOUSE, SAMPIGE NAGAR, KUTHPADY POST, UDYAVAR, UDUPI TALUK DISTRICT-574118. 2. MR. MUKTAR AHMED, S/O. ASHRAF SAHEB, AGED ABOUT 53 YEARS, D/O NO.10-96, NEAR CC, NEAR MALPHE KODAVOOR, UDUPI TALUK DISTRICT-576108. …PETITIONERS (BY SRI. HARISH M.G., ADVOCATE - ABSENT) AND: THE MANAGER, UNION BANK OF INDIA, (EARLIER CORPORATION BANK), AMBALAPADY BRANCH, UDUPI, UDUPI DISTRICT-576101, REPRESENTED BY ITS AUTHORIZED OFFFICER. …RESPONDENT (BY SRI. VINAY N., ADVOCATE FOR SRI. MANMOHAN P.N., ADVOCATE) Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010074392022 NC: 2026:KHC:47520 WP No. 3553 of 2022 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 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 Though matter called twice, there is no representation on behalf of the petitioners. Sri.Vinay, counsel on behalf of Sri.Manmohan.P.N, for the respondent appeared in person. 2. This petition is filed seeking following reliefs: (i) Issue a writ of mandamus directing the respondent Banker to stop the process of taking possession of the petitioners property mortgaged before the respondent Banker as per the order of the District Magistrate, Udupi in SECS/CR/46/2020 dated 15.11.2021 produced at Annexure-B without serving the notice dated 12.10.2021 issued under Section 14(1) and (2) of the Securitization Act 2002. (ii) Grant such other relief or reliefs as this Hon'ble Tribunal deems fit and proper at the - 3 - HC-KAR CNR: KAHC010074392022 NC: 2026:KHC:47520 WP No. 3553 of 2022 circumstances of the case in the interest of justice and equity. 3. Heard the arguments and perused the papers with care. 4. The Deputy Commissioner has passed the order under Section 14 of the 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 petitioners have 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 petitioners to approach the appropriate forum, if so advised and if otherwise permissible in law. - 4 - HC-KAR CNR: KAHC010074392022 NC: 2026:KHC:47520 WP No. 3553 of 2022 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