- 1 - HC-KAR CNR: KAHC010434132026 NC: 2026:KHC:52325 WP No. 19703 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT PETITION NO. 19703 OF 2026 (GM-DRT) BETWEEN: 1. SYED UZAIFA TRADERS REPRESENTED PROPRIETOR MR. SYED AKBAR NO D22, D-BLOCK, APMC YARD HASSAN HASSAN -573201 KARNATAKA AND ALSO SITE NO D22, D BLOCK, APMC YARD HASSAN - 573201 2. GARLIC TRADERS REPRESENTED PROPRIETOR MR. SYED AKBAR HOUSING BOARD, KUVEMPU NAGAR HASSAN, HASSAN 573201 3. SYED AKBAR S/O SYED MOOSA AGED ABOUT 53 YEARS MIG 22, 4TH CROSS, BESIDE SUJAY DRIVING SCHOOL KUVEMPUNAGAR HASSAN, HASSAN 573201 KARNATAKA 4. ZAREENA BANU D/O KARVEL AGED ABOUT 32 YEARS MIG 22, 4TH CROSS, - 2 - HC-KAR CNR: KAHC010434132026 NC: 2026:KHC:52325 WP No. 19703 of 2026 BESIDE SUJAY DRIVING SCHOOL, KUVEMPUNAGAR HASSAN, HASSAN 573201 KARNATAKA 5. ZAIN SHARIEF S/O NOT KNOWN AGED MAJOR MIG 22, 4TH CROSS, 2ND MAIN WARD NO3, KUVEMPUNAGARA HASSAN, HASSAN 573201 KARNATAKA …PETITIONERS (BY SRI. ABUBACKER SHAFI.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF FINANCE, REPRESENTED BY ITS SECRETARY, VIDHANA SOUDHA, BENGALURU 560001 2. HDB-FINANCIAL SERVICES LIMTED, REGISTERED OFFICE AT - RADHIKA, 2ND FLOOR, LAW GARDEN ROAD, NAVRANGPURA, AHMEDABAD, GUJARAT 380009 BRANCH OFFICE AT D. NO 23-1-13-21, ESHWARI COMPLEX, SECOND FLOOR, B.M.ROAD, OPP SITY POINT, HASSAN - 573201 PROPRIETORSHIP CONCERN DEALS WITH GARLIC'S REPRESENTED BY ITS AUTHORIZED OFFICER MS. RAGINI. M. K. …RESPONDENTS (BY SRI. SKANDA RAO, AGA) - 3 - HC-KAR CNR: KAHC010434132026 NC: 2026:KHC:52325 WP No. 19703 of 2026 THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI BY QUASHING THE ORDER DATED 12- 02-2026 PASSED IN CRL. MISC. 236/2025 ON THE FILE OF PRL.SENIOR CIVIL JUDGE AND CJM AT HASSAN VIDE ANNEXURE K. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE C.M. POONACHA ORAL ORDER 1. The present writ petition is filed seeking for the following reliefs: "i) ISSUE A WRIT IN THE NATURE OF CERTIORARI by Quashing the order dated 12-02-2026 passed in Crl. Misc. 236/2025 on the file of Prl. Senior Civil Judge & CJM at Hassan vide ANNEXURE-K. ii) Consequently quash the entire proceedings initiated by the 2nd Respondent: HDB -Financial Services Ltd by its Authorized officer by invoking Section 13(2), 13(4) & 14 of the SARFAESI Act 2002 Annexure H. iii) Pass such other order/ orders or Direction/s that this Hon'ble Court may deems fit to grant under the circumstances of the case, in the interest of justice and equity." Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA - 4 - HC-KAR CNR: KAHC010434132026 NC: 2026:KHC:52325 WP No. 19703 of 2026 2. It is the contention of the petitioners that the petitioners are purchasers under a Lease-cum-Sale Agreement dated 13.11.2003 (Annexure-B to the writ petition), whereunder the petitioner is a tenant for a period of 10 years. Reliance is placed by the learned counsel for the petitioner on Clause (a) and Clause (l) of the Lease-cum-Sale Agreement dated 13.11.2003, which reads as under: "(a) That the lessee/purchaser is hereby put in possession of the schedule site as a tenant thereon for a period of ten years or in the event of lease being determined earlier till the date of such determination of lease. The amount deposited by the lessee/purchaser towards the value of the schedule site shall during the period oftenancy be held by the lessor' vendor as a security deposit for the due performance of the terms and conditions of these presents. xxxxxx (l) That the lessee/purchaser shall not alienate the schedule site of the building to be built thereon by way of sale, mortgage, tenancy or creating of charge thereon and by any other mode and disposal to any person or body, except in favour of Lessor/Vendor during the period of tenancy. Provided the lessee/purchaser can mortgage the schedule site in favour of a schedule or Co-operative Bank for securing financial assistance for construction of a builing on the schedule premises. But however such mortgagee will not get any absolute right or ownership over such property in case of default by the lessee/purchaser except to sell the same to the Lessor/Vendor for the amount due thereon." Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA - 5 - HC-KAR CNR: KAHC010434132026 NC: 2026:KHC:52325 WP No. 19703 of 2026 3. The primary contention put forth by the petitioner is that the petitioner does not hold any markable title to the property in question which is the subject matter of the proceedings initiated by the second respondent under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 20021. 4. The contention put forth on behalf of the petitioner is ex- facie untenable and liable to be rejected. The petitioner admittedly being a borrower from respondent No.2, it is not open for the petitioner to question as to the markable title of the property, in respect of which the proceedings is sought be initiated under the Act. The secured creditor having initiated proceedings under the Act, it is for the secured creditor to realise the credit facilities granted by taking various measures as provided under the Act. When the said measures are taken, it is for the secured creditor to demonstrate in the course of the said proceedings the validity of said measure. 5. Accordingly, the present writ petition stands dismissed as being devoid of merit. 1 Hereinafter referred as to ' Act' Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA - 6 - HC-KAR CNR: KAHC010434132026 NC: 2026:KHC:52325 WP No. 19703 of 2026 6. Pending IAs., if any, also stand disposed of. (C.M. POONACHA) JUDGE Vmb List No.: 1 Sl No.: 2 Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA