- 1 - HC-KAR CNR: KAHC010649132026 NC: 2026:KHC:50686 WP No. 29519 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT PETITION NO. 29519 OF 2026 (GM-DRT) BETWEEN: 1. SMT. SMITHA J W/O. SRI. PRASAD ACHARYA, AGED ABOUT 43 YEARS, RESIDING AT R/AT SY.NO. 94-2(P), D.NO. 8-63/3(2) KANKANDY B' VILLAGE, WARD NO. 49, BLOCK NO. 4, STREET NO. 655, WITHIN MANGALORE CITY CORPORATION, MANGALORE TALUK, D.K DISTRICT-575002. 2. SRI. PRASAD ACHARYA, S/O. J. RAMESH ACHARYA, AGED ABOUT 46 YEARS, RESIDING AT R/AT SY.NO. 94-2(P), D.NO. 8-63/3(2)KANKANDY B' VILLAGE, WARD NO. 49, BLOCK NO. 4, STREET NO. 655, WITHIN MANGALORE CITY CORPORATION, MANGALORE TALUK, D.K DISTRICT-575002. …PETITIONERS (BY SRI. RAKESH KINI.,ADVOCATE) - 2 - HC-KAR CNR: KAHC010649132026 NC: 2026:KHC:50686 WP No. 29519 of 2026 AND: 1. TATA CAPITAL HOUSING FINANCE LIMITED HAVING ITS REGISTERED OFFICE AT 11TH FLOOR, TOWER A, PENINSULA BUSINESS PARK, GANPATRAO KADAM MARG, LOWER PAREL, MUMBAI 400013, AND HAVING ITS BRANCH OFFICE AT GROUND FLOOR, 3RD TRADE CENTRE, KADRI, MANGALORE - 575003, REPRESENTED BY ITS AUTHORISED OFFICER. 2. THE STATE OF KARNATAKA, REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF HOME AFFAIRS, VIDHANA SOUDHA, BENGALURU 560001. …RESPONDENTS (BY SRI. HARISHA A S, AGA FOR R2) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE ORDER DATED 23.04.2026 PASSED IN CRL, MISC. NO.86/2026 BY THE COURT OF THE PRINCIPAL SENIOR CIVIL JUDGE AND CHIEF JUDICIAL MAGISTRATE, MANGALURU, INSOFAR AS IT AUTHORISES/PERMITS THE TAKING OF PHYSICAL POSSESSION OF THE SCHEDULE PROPERTY PURSUANT TO SECTION 14 OF THE SARFAESI ACT (ANNEXURE-A). THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR CNR: KAHC010649132026 NC: 2026:KHC:50686 WP No. 29519 of 2026 CORAM: HON'BLE MR. JUSTICE C.M. POONACHA ORAL ORDER The present writ petition is filed seeking for the following reliefs: "a) Issue a writ of Certiorari or any other appropriate writ, order or direction quashing the order dated 23.04.2026 passed in Crl. Misc. No.86/2026 by the Court of the Principal Senior Civil Judge & Chief Judicial Magistrate, Mangaluru, insofar as it authorises/permits the taking of physical possession of the schedule property pursuant to Section 14 of the SARFAESI Act (Annexure-A); b) Consequently quash the warrant/authorisation issued pursuant to the said proceedings and all consequential steps taken thereunder for taking physical possession of the schedule property and Remand the application filed by Respondent No.1 under Section 14 of the SARFAESI Act to the competent authority for fresh consideration strictly in accordance with Section 14(1) of the SARFAESI Act and after recording satisfaction regarding the statutory declarations and conditions prescribed thereunder (Annexure-A); c) Grant such other reliefs as this Hon'ble Court may deem fit in the facts and circumstances of the case, in the interests of justice and equity." 2. Having regard to the fact that the present writ petition is filed seeking to impugn the order dated 23.04.2026 passed in Cri.Misc.No.86/2026 by the Court of the Principal Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA - 4 - HC-KAR CNR: KAHC010649132026 NC: 2026:KHC:50686 WP No. 29519 of 2026 Senior Civil Judge and Chief Judicial Magistrate, Mangaluru (Annexure-A to the writ petition), which has been passed under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 20021 and having regard to the fact that an alternative efficacious remedy is available to the petitioner as provided under Section 17 of the SARFAESI Act, the writ petition is disposed of reserving liberty to the petitioner to avail the remedy as contemplated under the Act. 3. All rights and contentions of the parties are kept open to be considered in an appropriate proceedings. (C.M. POONACHA) JUDGE ND List No.: 3 Sl No.: 2 1 Hereinafter referred to as 'SARFAESI Act' Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA