IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9^TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 19002 OF 2022 (GM-DRT)

BETWEEN:

SRI. K.R. RAJESHA S/O RAVINDRA NAIDU @ R K NAIDU AGED ABOUT 52 YEARS, R/AT NO.24A, 52/1, 59^TH CROSS

4^TH BLOCK RAJAJINAGAR BANGALORE - 560 010 …PETITIONER (BY SRI. NAIK N.R., ADVOCATE)

AND:

1. THE COMMISSIONER BANGALORE DEVELOPEMENT AUTHORITY BANGALORE - 560 020 Digitally signed by MEGHA 2. SRI SRINIVAS S MOHAN Location: HIGH S/O SRI SHIVARAM COURT OF KARNATAKA MAJOR R./AT NO.17, SINCHANA NILAYA

1^ST MAIN ROAD, 4^TH CROSS LAKKANNA LAYOUT MARIYAPPANA PALYA BENGALURU - 560 056

3. THE MANAGER CANARA BANK J P NAGAR 2^ND PHASE BRANCH J P NAGAR BANGALORE - 560 078

4. THE ASSISTANT RECOVERY MANAGEMENT BRANCH-I CANARA BANK SPENCER'S TOWER-86 M G ROAD, BENGALURU - 560 001 BY ITS CHIEF MANAGER …RESPONDENTS (BY SRI. G. LAKSHMEESH RAO, ADVOCATE FOR R1 SRI. VIGNESH SHETTY, ADVOCATE FOR R4 R2 AND R3 ARE SERVED)

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO STOP RECOVERY OF PHYSICAL POSSESSION OF THE SCHEDULE PREMISES WHICH IS SUBJECT MATTER OF LOAN AMOUNT RECEIVED BY THE R2 BY VIRTUE OF ORDER PASSED IN DRC NO.352/2019 IN O.A.NO.1003/2018 DATED 07.09.2022 BY THE DEBT RECOVERY TRIBUNAL-II AT BANGALORE WHICH IS PRODUCED AT ANNEXURE-N AND ETC.

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

CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI

ORAL ORDER

The present writ petition is filed seeking the following prayer:

“The petitioner prays this Hon’ble Court be pleased to;

a) To stop recovery of physical possession of the schedule premises which is subject matter of loan amount received by the 2^nd respondent by virtue of order passed in DRC No.352/2019 in O.A.No.1003/2018 dated 07.09.2022 by the Debt Recovery Tribunal-II at Bangalore, which is produced at Annexure-N.

b) Direct the 3^rd and 4^th respondent to recover the loan amount by getting other properties belongs to the 2^nd respondent who is principal borrower and stop all further proceedings in respect of the schedule property which is acquired by the Bangalore Development Authority.

c) To call for records and grant such other relief/s deems fit by this Hon'ble Court.”

2. It is the case of the writ petitioner that the land measuring to an extent of 5 acres 31 guntas in Sy.No.38/2 which belongs to one Smt.Chikkamma was acquired by the Bangalore Development Aauthority. Thereafter, subsequent sales have taken place in respect of the said property. The 2^nd respondent purchased this property under registered Sale Deed dated 16.08.2013 from his vendor. The 2^nd respondent put up the construction of cellar floor and first floor and let out the building to various tenants. The 2^nd respondent availed the loan from the 3^rd respondent-Bank for a sum of Rs.1,50,00,000/- and he had executed a registered Memorandum of Deposit of Titles on 03.08.2015 in favour of the 3^rd respondent. The petitioner is surprised that, while looking after the title to the property, Bank had not verified about the fact that land is acquired by the 1^st respondent and Final Notification has been issued on 19.01.1994 and was published in Karnataka Gazette on 03.03.1994. This fact is suppressed and the loan was granted in respect of acquired property. It is stated that, the 2nd respondent is not ready and willing to pay the installments towards loan availed by him. The account was declared as Non Performing Asset (NPA) and notice was issued to the 2^nd respondent on 04.02.2019. Inspite of the same, the 2nd respondent has not come forward to pay the amount, hence, the Symbolic Possession Notice has been issued under Section

13(4) of SARFAESI Act on 10.06.2019. Inspite of that no amount is paid and then an order was passed under Section 14 of SARFAESI Act on 01.04.2019.

3. It is the case of the petitioner that, he is a tenant of the ground floor premises and taken possession under lease agreement dated 18.