- 1 - HC-KAR CNR: KAHC010653102026 NC: 2026:KHC:53794 WP No. 29818 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT PETITION NO. 29818 OF 2026 (GM-DRT) BETWEEN: MR. SANTHOSH G, S/O. LATE K. GANGADHARA, AGED ABOUT 49 YEARS, R/AT NO.232, NANJA REDDY COLONY, OPPOSITE KASTURI NAGAR, J.B. NAGAR, NEW THIPPASANDRA, BENGALURU - 560075. …PETITIONER (BY SRI KRISHNA S VYAS, ADVOCATE) AND: 1. STATE OF KARNATAKA, DEPARTMENT OF HOME, VIDHANA SOUDHA, DR. B.R. AMBEDKAR VEEDHI, BENGALURU 560001, REP. BY ITS PRINCIPAL SECRETARY. 2. M/S. EDELWEISS ASSET RECONSTRUCTION COMPANY LIMITED, ACTING IN ITS CAPACITY AS TRUSTEE OF EARC TRUST SC-371, EDELWEISS HOUSE, OFF C.S.T. ROAD, KALINA, SANTACRUZ EAST, MUMBAI - 400098, MAHARASHTRA, - 2 - HC-KAR CNR: KAHC010653102026 NC: 2026:KHC:53794 WP No. 29818 of 2026 REP. BY ITS AUTHORISED OFFICER, REGISTERED UNDER COMPANIES ACT. 3. MR. KRISHNA K.S., S/O. SRI SIDDALINGA SHETTY, AGED MAJOR, R/AT NO.83/4, 11TH MAIN, 10TH CROSS, GOVINDARAJ NAGAR, OPPOSITE RAHEJA PARK, BENGALURU -560040. …RESPONDENTS (BY SRI A.S HARISHA, AGA FOR R-1) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI QUASHING THE ORDER DATED 26.09.2025 PASSED BY THE LEARNED CHIEF JUDICIAL MAGISTRATE, BENGALURU RURAL DISTRICT, BENGALURU, IN CRL. MISC. NO.1374/2025 UNDER SECTION 14 OF THE SECURITISATION AND RECONSTRUCTION OF FINANCIAL ASSETS AND ENFORCEMENT OF SECURITY INTEREST ACT, 2002, PRODUCED AS ANNEXURE-A, INSOFAR AS THE SAME CONCERNS AND HAS BEEN IMPLEMENTED AGAINST THE SCHEDULE PROPERTY BELONGING TO THE PETITIONER AND ETC. THIS PETITION, COMING ON FOR ORDERS, 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: Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA - 3 - HC-KAR CNR: KAHC010653102026 NC: 2026:KHC:53794 WP No. 29818 of 2026 "a. Call for the entire records in Crl. Misc. No. 1374/2025 from the Court of the learned Chief Judicial Magistrate, Bengaluru Rural District, Bengaluru; b. Issue a Writ in the nature of Certiorari quashing the order dated 26.09.2025 passed by the learned Chief Rural District, Judicial Magistrate, Bengaluru Rural District, Bengaluru, in Crl. Misc.No.1374/2025 under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, produced as Annexure-A, insofar as the same concerns and has been implemented against the Schedule Property belonging to the Petitioner; c. Award costs of the present proceedings in favour of the Petitioner." 2. It is forthcoming that the petitioner seeks to impugn the proceedings that have been initiated pursuant to measures having been undertaken under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 20021. 3. Learned counsel for the petitioner submits that the property in respect of which the measures have been taken under the Act, 2002 are also assailed and that the property of the petitioner is being proceeded against. 1 hereinafter referred to as the 'Act, 2002' Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA - 4 - HC-KAR CNR: KAHC010653102026 NC: 2026:KHC:53794 WP No. 29818 of 2026 4. The question as to the identity of the property of the petitioner vis-à-vis the property in respect of which measures under the Act have been taken is a disputed question of fact, consideration of which is not expedient to be undertaken in proceedings under Article 226 of the Constitution of India. 5. Accordingly, the present petition is disposed of. 6. This order will not preclude the petitioner from availing remedies as may be permissible under law. 7. At this stage, learned counsel for the petitioner seeks for a time bound direction for disposal of the proceedings before the Tribunal. It is open for the petitioner to make such a request before the Tribunal in that regard in accordance with law. (C.M. POONACHA) JUDGE BS List No.: 1 Sl No.: 19 Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA