Smt. Premaleela Vs the Authorised Officer — Banking and Recovery | Karnataka HC (2026)

Smt. Premaleela Vs the Authorised Officer — Banking and Recovery | Karnataka HC (2026)

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NC: 2026:KHC:36048 WP No. 16628 of 2026

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15^TH DAY OF JULY, 2026

BEFORE

THE HON'BLE MS. JUSTICE JYOTI M WRIT PETITION NO. 16628 OF 2026 (GM-DRT)

BETWEEN:

SMT. PREMALEELA, W/O. SRI. S.SHIVANNA, AGED ABOUT 76 YEARS, RESIDING AT NO.5, 20TH MAIN, 1ST CROSS, MARENAHALLI, VIJAYANAGAR, BENGALURU - 560 040. (BY SRI. NARENDRA PATGAR, ADVOCATE)

…PETITIONER

AND:

Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA

THE AUTHORISED OFFICER, THE BHAVASARA KSHATRIYA CO-OPERATIVE BANK LIMITED, SAHAKARA SADANA, NO.63/67, 24TH CROSS, KILARI ROAD, BENGALURU - 560 053. …RESPONDENT (BY SRI. K.V.LOKESH, ADVOCATE)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS.

THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING, THIS DAY, AN ORDER IS MADE AS UNDER:

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NC: 2026:KHC:36048 WP No. 16628 of 2026

HC-KAR

ORAL ORDER

Sri.Narendra Patgar, counsel for the petitioner and Sri.K.V.Lokesh, counsel for caveator / respondent appeared in person.

Though the matter is listed today for preliminary

hearing, it is heard.

3. This petition is filed seeking following reliefs:

(i) Issue a writ of certiorari or other appropriate writ quashing the sale notice dated 24.04.2026 (Ref.No.BKCB:ADMN:16:2026-27) as illegal and in contravention of the SARFAESI Act, 2002 Annexure-A insofar as petitioner is concerned.

(ii) Issue a writ of certiorari or other appropriate writ quashing the possession notice dated 27.05.2026 Annexure-B (Ref No.BKCB: ADMN: 58 : 2026-27) and any Magistrate's order pursuant thereto insofar as petitioner is concerned.

(iii) Issue a writ of mandamus restraining the respondent bank from taking physical

3 - NC: 2026:KHC:36048 WP No. 16628 of 2026

HC-KAR

possession of, or selling, the schedule properties.

(iv) Direct the respondent bank to produce complete audited account statement for loan accounts BMRTL 19 and BMRTL 20 from disbursement to date, and to demonstrate compliance with RBI Circular No.RBI/202324/53 dated 18.08.2023, Annexure-K.

(v) Grant such other and further relief as this Hon'ble Court may deem fit in the interest of justice and equity.

Counsel for the respective parties urged several contentions.

Sri.Lokesh K.V., counsel for the respondent submits a memo has been filed annexing the true copy of the application filed under Section 17 of the SARFAESI Act. Counsel on instructions submits that the petitioner has already approached the DRT for redressal of his grievance by filing S.A.No.410/2026. Hence, the petitioner cannot prosecute parallelly and therefore submits that the petition may be dismissed. Submission is noted. Memo is placed on record.

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NC: 2026:KHC:36048 WP No. 16628 of 2026

HC-KAR

A perusal of the same, reflects that the petitioner has already approached the DRT for redressal of his grievance. Hence, he cannot parallelly prosecute the proceedings before this Court. Hence, there is no need to exercise discretionary powers.

Accordingly, the petition is dismissed .

Sd/(JYOTI M) JUDGE

SS List No.: 1 Sl No.: 9