Dismissed¶¶31

Sri Rajesh Nair v. Hdfc Bank Limited

Karnataka HC3 Jun 2026WP/2692/2022

Case brief

AI extract

What is this about?

Karnataka High Court (Bengaluru); Justice Jyoti M; WP No. 2692 of 2022 (GM-DRT); decided 03.06.2026. Petitioner Rajesh Nair vs respondent HDFC Bank Limited; writ petition under Article 226 seeking certiorari against possession notice dated 18.01.2022 (Annexure-A) issued by respondent bank. Held: such relief cannot be granted under writ jurisdiction; a possession notice cannot be challenged by filing a writ petition (Apex Court settled law, 'catena of decisions'). Writ petition dismissed. Relevant to searches on writ-petition maintainability against possession notices and choice of proper remedy/forum.

What did the court decide?

The relief sought by the petitioners (quashing of the possession notice dated 18.01.2022) cannot be granted under writ jurisdiction. ¶¶27

Sri Rajesh Nair Vs Hdfc Bank Limited — Writ and Judicial Review | Karnataka HC (2026)

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NC: 2026:KHC:25977 WP No. 2692 of 2022

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3^RD DAY OF JUNE, 2026

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BEFORE

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THE HON'BLE MS. JUSTICE JYOTI M WRIT PETITION NO. 2692 OF 2022 (GM-DRT)

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BETWEEN:

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SRI. RAJESH NAIR, S/O. LATE MUKUNDAN NAIR, AGED 50 YEARS, R/AT FLAT NO.302, 3RD FLOOR, BLOCK A, ELEGANCE LALBAGH VIEW APARTMENT, SIDDAPURA, BENGALURU-560011.

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…PETITIONER

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(BY SMT. SANDHYA U.PRABHU, ADVOCATE)

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AND:

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HDFC BANK LIMITED, REPRESENTED BY ITS AUTHORIZED OFFICER, GROUND FLOOR, RASHTROTHANA BHAVAN, MUNICIPAL NO.3/1, WARD NO.77, NRUPATHUNGA ROAD, BENGALURU-560 001. …RESPONDENT

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Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA

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(BY SMT. SHREEDEVI, ADVOCATE FOR SRI. JAI PATIL, ADVOCATE)

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

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

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NC: 2026:KHC:25977 WP No. 2692 of 2022

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HC-KAR

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ORAL ORDER

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Smt.Sandhya U Prabhu, counsel for the petitioner and Smt.Shreedevi, counsel on behalf of Sri.Jai Patil, counsel for the respondent appeared in person.

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The writ petition is filed seeking following reliefs:

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(i) Issue Writ of Certiorari quashing the possession notice issued by respondent bank dated 18.01.2022 produced at Annexure-A.

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(ii) Such further and other reliefs as this Hon'ble Court may consider fit and proper in the facts and circumstances of the case.

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Counsel for the respective parties urged several

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contentions. Heard the arguments and perused the papers with care.

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The petitioner's grievance is about the issuance of the possession notice. The relief sought by the petitioners cannot be granted under writ jurisdiction. The Apex Court has settled the law in a catena of decisions that a possession notice

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NC: 2026:KHC:25977 WP No. 2692 of 2022

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HC-KAR

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cannot be challenged by filing a writ petition. The petition is devoid of merits. Accordingly, the writ petition is dismissed .

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Sd/(JYOTI M) JUDGE

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List No.: 1 Sl No.: 30