Disposed¶40

Shailaja R v. the Authorized Officer

Karnataka HC23 Apr 2026WP/12871/2026

Case brief

AI extract

What is this about?

Maintainability of writ petition against private housing finance company; Aadhar Housing Finance Limited possession notice dated 17.07.2025 (Annex-B) challenged under Articles 226 and 227, Constitution of India; reliance on Apex Court decision in Phoenix ARC Private Limited v. Vishwa Bharathi Vidya Mandir (C.A. Nos.257-259/2022); writ disposed with liberty to pursue appropriate remedy; Karnataka High Court GM-DRT; certiorari; interlocutory applications closed.

What did the court decide?

Liberty to the petitioners to avail the appropriate remedy in accordance with law; all I.As. in the writ petition to stand closed. ¶40

Shailaja R Vs the Authorized Officer — Writ and Judicial Review | Karnataka HC (2026)

¶1

¶2

NC: 2026:KHC:22322 WP No. 12871 of 2026

¶3

HC-KAR

¶4

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶5

DATED THIS THE 23^RD DAY OF APRIL, 2026

¶6

BEFORE

¶7

THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 12871 OF 2026 (GM-DRT)

¶8

BETWEEN:

¶9

SHAILAJA R W/O RAMALINGE GOWDA, AGED ABOUT 51 YEARS.

¶10

RAMULINGU S/O DODDALINGEGOWDA, AGED ABOUT 67 YEARS, (SENIOR CITIZEN BENEFIT NOT CLAIMED)

¶11

BOTH ARE R/O KURUBARA STREET VATALU VILLAGE, P.NO.12, TIRUMAKUDAL NARASIPURA, MYSORE - 571 124.

¶12

…PETITIONERS

¶13

(BY SRI. P SHASHIDHARA.,ADVOCATE)

¶14

AND:

¶15

Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA

¶16

THE AUTHORIZED OFFICER AADHAR HOUSING FINANCE LIMITED NO.2742/1-A, 1^ST FLOOR, TEMPLE ROAD, V V MOHALLA, MYSORE - 570 002.

¶17

…RESPONDENT

¶18

THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED POSSESSION NOTICE ISSUED BY THE RESPONDENT DTD. 17.07.2025 VIDE ANNX-B TO THE WRIT PETITION AND ETC.

¶19

¶20

NC: 2026:KHC:22322 WP No. 12871 of 2026

¶21

HC-KAR

¶22

THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

¶23

CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI

¶24

ORAL ORDER

¶25

The present writ petition is filed seeking the following

¶26

prayer:

¶27

"WHEREFORE, it is respectfully prayed that this Hon'ble Court may be pleased to:

¶28

(a) Issue Writ of certiorari or any other writ or order or direction, in the nature of writ, quashing the impugned possession notice issued by the respondent dated 17.07.2025 vide Annexure-B to the Writ petition.

¶29

(b) Issue any order or direction in the nature of writ as this Hon'ble Court may deem fit under the facts and circumstances of the case including as to the cost by allowing this writ petition in the interest of justice and equity."

¶30

The writ petition is filed against the Aadhar Housing

¶31

Finance Limited. In the light of the Judgment passed by the Hon’ble Apex Court in Civil Appeal Nos.257-259/2022 between

¶32

Phoenix ARC Private Limited Vs. Vishwa Bharathi Vidya

¶33

Mandir and others arising out of WP.Nos.35564-35566/2015 dated 27.03.2018, the present writ petition is not maintainable against the respondent/Private Finance Company.

¶34

¶35

NC: 2026:KHC:22322 WP No. 12871 of 2026

¶36

HC-KAR

¶37