Karnataka High Court

WP/29818/2026 of MR.SANTHOSH G Vs STATE OF KARNATAKA on 28 September 2026

Cites 0, Cited by 0

CNR: KAHC010653102026 NC: 2026:KHC:53794 WP No. 29818 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT PETITION NO. 29818 OF 2026 (GM-DRT) BETWEEN: MR. SANTHOSH G, S/O. LATE K. GANGADHARA, AGED

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 28TH DAY OF SEPTEMBER, 2026

BEFORE

THE HON'BLE MR. JUSTICE C.M. POONACHA

WRIT PETITION NO. 29818 OF 2026 (GM-DRT)

BETWEEN:

MR. SANTHOSH G,

S/O. LATE K. GANGADHARA,

AGED ABOUT 49 YEARS,

R/AT NO.232, NANJA REDDY COLONY,

OPPOSITE KASTURI NAGAR, J.B. NAGAR,

NEW THIPPASANDRA, BENGALURU - 560075.

…PETITIONER

(BY SRI KRISHNA S VYAS, ADVOCATE)

AND:

1.

STATE OF KARNATAKA,

DEPARTMENT OF HOME,

VIDHANA SOUDHA,

DR. B.R. AMBEDKAR VEEDHI,

BENGALURU 560001,

REP. BY ITS PRINCIPAL SECRETARY.

2.

M/S. EDELWEISS ASSET RECONSTRUCTION

COMPANY LIMITED,

ACTING IN ITS CAPACITY AS TRUSTEE

OF EARC TRUST SC-371,

EDELWEISS HOUSE, OFF C.S.T. ROAD,

KALINA, SANTACRUZ EAST,

MUMBAI - 400098, MAHARASHTRA,

HC-KAR

REP. BY ITS AUTHORISED OFFICER,

REGISTERED UNDER COMPANIES ACT.

3.

MR. KRISHNA K.S.,

S/O. SRI SIDDALINGA SHETTY,

AGED MAJOR,

R/AT NO.83/4, 11TH MAIN, 10TH CROSS,

GOVINDARAJ NAGAR, OPPOSITE RAHEJA PARK,

BENGALURU -560040.

…RESPONDENTS

(BY SRI A.S HARISHA, AGA FOR R-1)

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF

THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN

THE NATURE OF CERTIORARI QUASHING THE ORDER DATED

26.09.2025 PASSED BY THE LEARNED CHIEF JUDICIAL

MAGISTRATE, BENGALURU RURAL DISTRICT, BENGALURU, IN

CRL. MISC. NO.1374/2025 UNDER SECTION 14 OF THE

SECURITISATION

AND

RECONSTRUCTION

OF

FINANCIAL

ASSETS AND ENFORCEMENT OF SECURITY INTEREST ACT, 2002, PRODUCED AS ANNEXURE-A, INSOFAR AS THE SAME

CONCERNS AND HAS BEEN IMPLEMENTED AGAINST THE

SCHEDULE PROPERTY BELONGING TO THE PETITIONER AND

ETC.

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

CORAM: HON'BLE MR. JUSTICE C.M. POONACHA

Citations and Judicial Treatment

No citing decisions in the index yet

Cited by

0

Decisions in the index citing it

Cites

0

Decisions referred to

In this index

0

Of the decisions it cites

Overruled / Questioned

0

No negative treatment found

Loading the citing and cited decisions…

ORAL ORDER

1. The present writ petition is filed seeking for the following reliefs:

HC-KAR

"a. Call for the entire records in Crl. Misc. No. 1374/2025 from the Court of the learned Chief Judicial Magistrate, Bengaluru Rural District, Bengaluru;

b. Issue a Writ in the nature of Certiorari quashing the order dated 26.09.2025 passed by the learned Chief Rural District, Judicial Magistrate, Bengaluru Rural District, Bengaluru, in Crl. Misc.No.1374/2025 under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, produced as Annexure-A, insofar as the same concerns and has been implemented against the Schedule Property belonging to the Petitioner;

c. Award costs of the present proceedings in favour of the Petitioner."

2. It is forthcoming that the petitioner seeks to impugn the proceedings that have been initiated pursuant to measures having been undertaken under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 20021.

3. Learned counsel for the petitioner submits that the property in respect of which the measures have been taken under the Act, 2002 are also assailed and that the property of the petitioner is being proceeded against.

1 hereinafter referred to as the 'Act, 2002'

HC-KAR

4. The question as to the identity of the property of the petitioner vis-à-vis the property in respect of which measures under the Act have been taken is a disputed question of fact, consideration of which is not expedient to be undertaken in proceedings under Article 226 of the Constitution of India.

5. Accordingly, the present petition is disposed of.

6. This order will not preclude the petitioner from availing remedies as may be permissible under law.

7. At this stage, learned counsel for the petitioner seeks for a time bound direction for disposal of the proceedings before the Tribunal. It is open for the petitioner to make such a request before the Tribunal in that regard in accordance with law.

(C.M. POONACHA) JUDGE

BS List No.: 1 Sl No.: 19

You have used today's free searches. Sign in, for free, to keep searching without a limit.

Compass reads the judgments for you and finds the paragraphs for and against your question. Sign in to use it.

My Vault follows judgments for you and records every later decision that cites them. Sign in to keep one.

Sign in to download the court's PDF. The full text stays free to read here.

Sign in, for free, to download the court copy. Reading the full text here stays open to everyone.

Search and read Indian judgments without limits, save them to My Vault and find the relevant paragraphs with Compass.

Open the sign-in page instead