- 1 - HC-KAR NC: 2026:KHC:2439 WP No. 256 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 256 OF 2023 (GM-DRT) BETWEEN: M/S HITESH ENTERPRISES REPRESENTED BY ITS PROPRIETOR SMT. SARASWATHI N S W/O SRI NAGARAJU H T AGED ABOUT 45 YEARS, PLOT No.123, KIADB INDUSTRIAL AREA 2ND PHASE, ANTHRASANAHALLI TUMKUR 572106 …PETITIONER (BY SRI. SUDHIR KUMAR D KAVITHA., ADV.) AND: 1. M/S TUMKUR GRAIN MERCHANTS CO-OPERATIVE BANK LTD REPRESENTED BY ITS SENIOR AUTHORIZED OFFICER OFFICE AT B H ROAD TUMKUR 572103 Digitally signed by SHILPABAI S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:2439 WP No. 256 of 2023 2. SRI RAMAKRISHNA G N S/O LATE NARASIMHAIAH G AGED ABOUT 77 YEARS R/A BALAJI NILAYA 1ST CROSS ASHOKANAGARA T UMKUR 572103 …RESPONDENTS (BY SRI. K.V.LOKESH, ADV. FOR R1, SRI RAKESH BHAT, ADV. FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE HONBLE DRT-II, BENGALURU TO CONSIDER THE APPLICATION BEARING IANO.3437/2022 FILED BY THE PETITIONER IN T.S.A NO.11/2022 SEEKING REDEMPTION OF HIS MORTGAGED SCHEDULE PROPERTY BEFORE THE HONBLE DRT-II,BENGALURU DATED 30.12.2022 ANNEXED VIDE ANNEXURE-N AND ETC., THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:2439 WP No. 256 of 2023 CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI ORAL ORDER Learned counsel for the petitioner filed a memo for withdrawal of the writ petition stating that, the petitioner has challenged the various action taken by the respondent under the provision of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short ‘the SURFAESI Act’). During the interregnum, the respondent-Bank has fraudulently sold the valuable properties of the petitioner for a very meager sum and fraudulently confirmed the same. Hence, in view of the same, this Court be pleased to permit the petitioner to withdraw the writ petition with liberty to challenge the auction sale conducted fraudulently and to initiate appropriate legal action in accordance with law. - 4 - HC-KAR NC: 2026:KHC:2439 WP No. 256 of 2023 2. The memo is placed on record. Accordingly, the writ petition is dismissed as withdrawn. Sd/- (ASHOK S.KINAGI) JUDGE SSB