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2026 DAILYLAW 49241 (KAR)

RATHNAKAR BANK LIMITED v. THE TAHSILDAR

WP/20141/2022 · 2026-01-06

M G S Kamal

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:464 WP No. 20141 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL WRIT PETITION NO. 20141 OF 2022 (GM-RES) BETWEEN: RATHNAKAR BANK LIMITED HAVING ITS REGISTERED OFFICE AT NO.99 AND 100, 3RD FLOOR PRESTIGE TOWERS RESIDENCY ROAD BANGALORE-560 025 REPRESENTED BY ITS AUTHORIZED REPRESENTATIVE MS. SYEDA YASEEN TAJ RANA. …PETITIONER (BY SRI. AVINASH B C.,ADVOCATE) AND: 1. THE TAHSILDAR AZAD NAGAR SIDLAGHATTA TALUK CHICKBALLAPURA DISTRICT-562 105. 2. THE INSPECTOR OF POLICE RURAL POLICE STATION SIDLAGHATTA TALUK CHICKBALLAPURA DISTRICT-562 105. …RESPONDENTS (BY SMT. B.P. RADHA, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT TO CONSIDER THE REPRESENTATION DATED.22.8.2022 VIDE ANNEXURE-D ETC., Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:464 WP No. 20141 of 2022 THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL ORAL ORDER Petitioner is a Bank, which had initiated the proceedings against one Balaraju. G and others who had availed the financial assistance from the petitioner-Bank. In furtherance to the recovery process, petitioner-Bank had filed an application under Section 14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest (SARFAESI) Act before the Deputy Commissioner, Chikkaballapura, which came to be allowed vide Order dated 23.11.2021. 2. Subsequent to thereof, petitioner had made a representation dated 22.08.2020 before the respondent No.1- Tahsildar seeking necessary assistance to be rendered in implementation of the said order by taking physical possession of the secured asset. Non-consideration of the same has resulted in petitioner approaching this Court. 3. Learned counsel for the petitioner refers to a notification dated 14.11.2018 issued by the Director-General & - 3 - HC-KAR NC: 2026:KHC:464 WP No. 20141 of 2022 Inspector-General of Police (DG&IGP), Karnataka laying down the guidelines for rendering necessary assistance in the matter of this nature. He also relies upon the order of Co-ordinate Bench of this Court dated 23.09.2021 passed in W.P.No.12739/2021 in support of his submission. Hence, seeks for allowing of the petition. 4. Learned AGA submits that if a fresh representation is made by the petitioner, same will be considered in accordance with law. 5. Petition is allowed. 6. Petitioner shall make a fresh representation within 15 days from the date of receipt of certified copy of this order. The respondent Nos.1 and 2 shall render necessary assistance in terms of the notification dated 14.11.2018 without any further delay in the matter. Sd/- (M.G.S. KAMAL) JUDGE RL List No.: 1 Sl No.: 14