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Smt. S Shobha Vs the Authorised Officer — Writ and Judicial Review | Karnataka HC (2026)

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Karnataka HC
2026
Smt. S Shobha Vs the Authorised OfficerSmt. S Shobha v. the Authorised Officer

Dismissed¶33

Smt. S Shobha v. the Authorised Officer

Karnataka HC9 Apr 2026WP/28704/2023

Case brief

AI extract

What is this about?

Karnataka High Court, Bengaluru; WP No. 28704 of 2023 (GM-DRT); NC: 2026:KHC:19876; decided 09-04-2026 by Lalitha Kanneganti J.; petitioner Smt. S Shobha (widow of late Karthik C); respondents include Authorised Officer LIC Housing Finance Ltd, Manjula C, and Tata AIG General Insurance Co Ltd; writ under Article 226 r/w Article 300-A; challenge to notice dated 30.10.23 (Annexure-H) against deceased borrower and demand notices dated 07.11.23 and 27.11.23 (Annexures-J/K); Section 13 SARFAESI Act 2002 measures; pendency of consumer complaint CC No. 243/23 before 4th District Consumer Disputes Redressal Commission Bengaluru (Annexure-G); respondent No.1 withdrew measures; petition dismissed as infructuous; all IAs closed; advocates Muralidhar S R (petitioner) and Vignesh Shetty (R1); no precedent cited.

What did the court decide?

Respondent No.1/Bank has withdrawn the measures taken by them; hence nothing survives for consideration in this writ petition.

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether the notice dated 30.10.23 issued by respondent No.1 against the deceased person and the measures initiated under Section 13 of the SARFAESI Act, 2002 ought to be quashed/withdrawn in view of the pending consumer complaint in CC No. 243/23 before the 4th District Consumer Disputes Redressal Commission at Bengaluru.

Court's answer

Respondent No.1/Bank has withdrawn the measures taken by them; hence nothing survives for consideration in this writ petition.

Ratio / Principle

Accordingly, the writ petition is dismissed as infructuous.

Detailed headnote1 paragraphs

Oral order of the High Court of Karnataka at Bengaluru dated 9 April 2026 (Lalitha Kanneganti J.) in WP No. 28704 of 2023 (GM-DRT), NC: 2026:KHC:19876. The petitioner, widow of the late Karthik C, filed the writ petition under Article 226 r/w Article 300-A of the Constitution praying to quash the impugned notice dated 30.10.23 (Annexure-H) issued by respondent No.1 (The Authorised Officer, LIC Housing Finance Ltd) against the dead person, to direct consideration of her reply notice against the demand notices dated 07.11.23 and 27.11.23 (Annexures-J and K), and to direct withdrawal of measures initiated under Section 13 of the SARFAESI Act, 2002, in view of the pendency of consumer complaint CC No. 243/23 before the 4th District Consumer Disputes Redressal Commission at Bengaluru (Annexure-G). When the matter came on for hearing, learned counsel for the petitioner submitted that respondent No.1/Bank had withdrawn the measures taken by them, leaving nothing surviving; the writ petition was accordingly dismissed as infructuous and all interlocutory applications in the petition were directed to stand closed. No precedent was cited or discussed.

A

1 -

NC: 2026:KHC:19876 WP No. 28704 of 2023

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 9^TH DAY OF APRIL, 2026

BEFORE

THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI

WRIT PETITION NO. 28704 OF 2023 (GM-DRT)

BETWEEN:

SMT. S SHOBHA W/O SRI LATE KARTHIK C, AGED ABOUT 31 YEARS, R/AT NO 3398, 8^TH CROSS, 8TH MAIN, KUMARARASWAMY LAYOUT II STAGE, BENGALURU 560 078. PRESENTLY RESIDING AT 95-1, 16^TH MAIN ROAD, J C NAGAR, KURUBARAHALLI, BENGALURU 560 086.

…PETITIONER

(BY SRI. MURALIDHAR S R.,ADVOCATE)

AND:

Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA

THE AUTHORISED OFFICER, LIC HOUSING FINANCE LTD, NO 15/1, HAYES CENTRE, HAYES ROAD, BENGALURU 560 025.

MANJULA C W/O SRI CHANDRA BABU C, AGED ABOUT 60 YEARS, R/AT NO 48, 2^ND CROSS,

1^ST MAIN ROAD, NEAR RELIANCE FRESH, 1^ST PHASE, MANJUNATH NAGAR, BENGALURU NORTH, RAJAJINAGAR, BENGALURU 560 010.

2 -

NC: 2026:KHC:19876 WP No. 28704 of 2023

HC-KAR

THE DIRECTOR SERVICES AND BUSINESS DEVELOPMENT, DARSHANA HALL, TATA AIG GENERAL INSURANCE CO LTD, 2^ND FLOOR, J P DEVI JAMBUKESHWAR ARCADE, NO 69, MILLERS ROAD, BANGALORE, KARNATAKA 560 052.

…RESPONDENTS

(BY SRI.VIGNESH SHETTY.,ADVOCATE FOR R1)

THIS WRIT PETITION IS FILED UNDER ARTICLE 226 R/W ARTICLE 300-A OF THE CONSTITUTION OF INDIA, PRAYING TO QUASHING THE IMPUGNED NOTICE ISSUED BY THE R1 NOTICE AGAINST THE DEAD PERSON VIDE DTD 30.10.23 PLACED AT ANNEXURE-H IN VIEW OF THE PENDENCY OF THE CONSUMER COMPLAINT IN CC NO. 243/23 BEFORE THE 4^TH DISTRICT CONSUMER DISPUTES COMMISSION AT BENGALURU AS PER ANNEXURE-G AND DIRECT THE R1 TO CONSIDER THE REPLY NOTICE ISSUED BY THE PETITIONER, HEREIN AGAINST THE DEMAND NOTICE , VIDE DTD 07.11.23 AND 27.11.23 AS PER ANNEXURE-J AND K AND DIRECTING THE RESPONDENT NO. 1 TO WITHDRAW THE MEASURES INITIATED UNDER SECTION 13 OF THE SARFASEI ACT, 2002 IN VIEW OF THE PENDENCY OF THE CONSUMER COMPLAINT IN CC NO. 243/23 BEFORE THE 4TH DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION AT BENGALURU AS PER ANNEXURE-G

THIS WRIT PETITION, COMING ON FOR DISMISSAL, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI

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NC: 2026:KHC:19876 WP No. 28704 of 2023

HC-KAR

ORAL ORDER

Learned counsel for the petitioner submits that

respondent No.1/Bank has withdrawn the measures taken by them. Hence, nothing survives for consideration in this writ petition.

Accordingly, the writ petition is dismissed as

infructuous .

i. All I.As. in this petition shall stand closed.

SD/(LALITHA KANNEGANTI) JUDGE

MEG List No.: 1 Sl No.: 65

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the notice dated 30.10.23 issued by respondent No.1 against the deceased person and the measures initiated under Section 13 of the SARFAESI Act, 2002 ought to be quashed/withdrawn in view of the pending consumer complaint in CC No. 243/23 before the 4th District Consumer Disputes Redressal Commission at Bengaluru.medium confidence¶24
The court held
Respondent No.1/Bank has withdrawn the measures taken by them; hence nothing survives for consideration in this writ petition.ratio¶32

Statutes considered

3 provisions across 2 enactments

AI extract

Constitution of IndiaArticle 226¶24 Article 300-A¶24
SARFASEI Act, 2002Section 13¶24

Procedural history

How this case reached the court

AI extract

Order under challenge
Notice dated 30.10.23 (Annexure-H) issued by respondent No.1 against the deceased person, which the petitioner prayed to quash.¶24
The Authorised Officer, LIC Housing Finance Ltd · 30.10.23
Prior proceeding
Consumer complaint in CC No. 243/23 pending before the 4th District Consumer Disputes Redressal Commission at Bengaluru (Annexure-G).¶24
Prior proceeding
Respondent No.1 issued demand notices dated 07.11.23 and 27.11.23 (Annexure-J and K); the petitioner issued a reply notice and sought that respondent No.1 consider it.¶24
Prior proceeding
Respondent No.1 initiated measures under Section 13 of the SARFAESI Act, 2002; the petitioner sought that these be withdrawn in view of the pending consumer complaint.¶24

Parties & counsel

AI extract

petitioner
Smt. S Shobha W/o Sri Late Karthik C¶10
Muralidhar S R
respondent
The Authorised Officer, LIC Housing Finance Ltd¶15
Vignesh Shetty
respondent
Manjula C W/o Sri Chandra Babu C¶16
respondent
The Director Services and Business Development, Darshana Hall, Tata AIG General Insurance Co Ltd¶21

Coram

AI extract

Lalitha Kannegantiauthor¶26

Case details

As recorded by the court registry

Court: Karnataka HC
Decided on: 9 Apr 2026 · April
Registered: 19 Dec 2023
Case no.: WP/28704/2023
CNR: KAHC010662572023
Topic: Writ and Judicial Review
Bench: Lalitha Kanneganti
Disposal: DISMISSED
Case type: GM-DRT

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Cite this judgement

Smt. S Shobha v. the Authorised Officer, WP/28704/2023 (KA), decided on 9 April 2026.

The High Court of Karnataka publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes3

Constitution of IndiaArticle 226 · Article 300-A
SARFASEI Act, 2002Section 13

View all statutes

Procedural history4

Notice dated 30.10.23 (Annexure-H) issued by respondent No.1 against the deceased person, which the petitioner prayed to quash.The Authorised Officer, LIC Housing Finance Ltd · 30.10.23
Consumer complaint in CC No. 243/23 pending before the 4th District Consumer Disputes Redressal Commission at Bengaluru (Annexure-G).
Respondent No.1 issued demand notices dated 07.11.23 and 27.11.23 (Annexure-J and K); the petitioner issued a reply notice and sought that respondent No.1 consider it.

View full history

Bench / Coram

Lalitha Kanneganti

Parties & counsel