Research › Search › Judgment

High Court of Karnataka · body

2026 DAILYLAW 6737 (KAR)

SRI. MOHAMMED ARIF v. SHREE SEETHARAGHAVSOUHARDA SAHAKARA BANK NIYAMITHA

WP/5660/2026 · 2026-03-16

Lalitha Kanneganti

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:15563 WP No. 5660 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF MARCH, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 5660 OF 2026 (GM-DRT) BETWEEN: SRI. MOHAMMED ARIF S/O ABDUL JABBAR AGED ABOUT 40 YEARS VETERINARY DOCTOR, R/AT VETERINARY HOSPITAL QUARTERS, SINGANAMANE, BHADRAVATHI TALUK, SHIVAMOGGA DISTRICT-577 115 …PETITIONER (BY SRI. GOPALAKRISHNAMURTHY C., ADVOCATE) AND: 1. SHREE SEETHARAGHAVSOUHARDA SAHAKARA BANK NIYAMITHA BUS STAND ROAD HOSADURGA TOWN AND TALUK, CHITRADURGA DISTRICT -577 527 REPRESENTED BY SRI. RAVI NAIK, AUTHORISED OFFICER, AND ALSO WORKING AT NO.27 SAI KRUPA DR.RAJKUMAR ROAD RAJAJINAGARA, 6TH BLOCK BENGALURU-560 010 Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:15563 WP No. 5660 of 2026 2. THE DEPUTY DIRECTOR [ADMINISTRATION] THE DEPARTMENT OF THE ANIMAL HUSBANDRY AND VETERINARY, BHADRAVATHI TALUK, SHIVAMOGGA DISTRICT-577115. 3. SRI.SADIQ PASHA S/O MOHAMMED ISMAIL SAB, MAJOR, R/AT OLD TOWN, KHAJI MOHALLA, BHADRAVATHI, SHIMOGGA DISTRICT-577 301 …RESPONDENTS (BY SRI. MANJUNATH K., HCGP FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT OF CERTIORARI BY QUASHING THE IMPUGNED ORDER PASSED BY THE SENIOR CIVIL JUDGE AND CJM AT SHIVAMOGGA IN CRL.MISC.NO.96/2024 DTD 30-08-2024 ANNEXURE-N AND ORDER PASSED BY THE OF THE COLLECTOR (N-441) AND THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:15563 WP No. 5660 of 2026 CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER The present writ petition is filed seeking the following prayer: "Wherefore, the petitioners respectfully pray that this Hon'ble Court be pleased to call for records to issue a writ of certiorari or any other writ/s or direction or order: a. Issue writ of certiorari by quashing the impugned order passed by the Senior Civil judge and CJM at Shivamogga in Crl.Misc.No.96/2024 dated 30.08.2024 Annexure-N and other passed by the Collector (N-441) and the Assistant Registrar of Cooperative Societies. Amaldari Application No.ka.ra.sow.sow.som.sa.ni./sa.som.sa.ni./ va.a/141/2025-26 dated 28.11.2025 Annexure-Q. Notice in number.Hu Ni Shi:Papaae:Vi Ni-1vi Va-28:2025-26/792 issued by the Office of Deputy Director Animal Husbandry and Veterinary Department, Shivamogga dated 27.10.2025 to the petitioner vide Annexure-S. b. Pass any such other order or direction as deemed fit to be granted in the facts and circumstances of the case." 2. The petitioner is questioning the order passed by the Magistrate under Section 14 of the SARFAESI Act. The remedy available to the petitioner is before the DRT, but not - 4 - HC-KAR NC: 2026:KHC:15563 WP No. 5660 of 2026 before this Court. In that view of the matter, this Court is passing the following: ORDER i. The writ petition is disposed of giving liberty to the petitioners to avail the appropriate remedy. ii. The petitioner shall have the benefit of Section 14 of the Limitation Act. iii. All pending I.As., in the writ petition shall stand closed. Sd/- (LALITHA KANNEGANTI) JUDGE PKN List No.: 1 Sl No.: 22