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2026 DAILYLAW 6931 (KAR)

SRI. PEJAVAR SHRIKANTA RAO v. STATE BANK OF INDIA

WP/2844/2026 · 2026-03-10

Lalitha Kanneganti

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:14506 WP No. 2844 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF MARCH, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 2844 OF 2026 (GM-DRT) BETWEEN: SRI. PEJAVAR SHRIKANTA RAO S/O PEJAVAR PADMANABHA RAO AGED ABOUT 56 YEARS R/AT. DOOR NO. 5-12-1210/8, FLAT NO. 104, FIRST FLOOR, BHANDARY'S VIJAYA ENCLAVE, MANNAGUDDA WARD, KODIALBAIL, MANGALURU – 575 003 …PETITIONER (BY SRI. MAHESHKIRAN SHETTY S., ADVOCATE) AND: STATE BANK OF INDIA BANKING CORPORATION, CONSTITUTED UNDER THE STATE BANK OF INDIA'S ACT, 1955 HAVING ITS CORPORATE CENTRE Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:14506 WP No. 2844 of 2026 AT MUMBAI, INTER ALIA AT MALLIKATTA BRANCH, MANGALURU- 575 002 REPRESENTED BY ITS AUTHORISED OFFICER, STATE BANK OF INDIA STRESSED ASSET RECOVERY BRANCH, BENGALURU …RESPONDENT (BY SRI.HANUMANTHA RAO, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT OR DIRECTION TO QUASH POSSESSION NOTICE DATED 10.01.2025 ISSUED BY THE RESPONDENT BANK VIDE ANNEXURE-B. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 3 - HC-KAR NC: 2026:KHC:14506 WP No. 2844 of 2026 ORAL ORDER The present writ petition is filed seeking the following prayer: “WHEREFORE, it is respectfully prayed that this Hon’ble Court be pleased to: a) Issue a Writ in the nature of Certiorari or any other appropriate Writ or direction to quash possession notice dated 10.01.2025 issued by the Respondent Bank vide Annexure-B; b) Issue a Writ in the nature of Certiorari or any other appropriate Writ or direction to quash the order passed in Criminal Misc. 129/2025 by the Principal Senior Civil Judge and CJM, Mangaluru dated 03.05.2025 vide Annexure-G; c) Issue a Writ in the nature of Certiorari or any other appropriate Writ or direction to quash the property vacating notice issued by the Respondent Bank bearing reference No. SARB/HBL/37623972964/196 dated 23.09.2025 vide Annexure-C; d) Issue a Writ in the nature of Mandamus or any other appropriate Writ or order or direction directing the Respondent Bank to regularize the loan account No. 37623972964 of the Petitioner; e) Pass any other order or direction as this Hon'ble Court deems fit to pass under the facts and circumstances of the case, in the interest of justice and equity.” Learned counsel appearing for the petitioner seeks liberty to avail the appropriate remedy. In that view of the matter, this Court is passing the following: - 4 - HC-KAR NC: 2026:KHC:14506 WP No. 2844 of 2026 ORDER i. Accordingly, the writ petition is disposed of giving liberty to petitioner to avail the appropriate remedy before the DRAT in accordance with law. ii. Petitioner is entitled for the benefit of Section 14 of the Limitation Act, 1963. iii. All pending I.As., in the petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE TS List No.: 1 Sl No.: 48