- 1 - NC: 2025:KHC:3407 WP No. 2038 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 2038 OF 2025 (GM-RES) BETWEEN: M/S. GULAM MUSTAFA ENTERPRISES PVT. LTD., A COMPANY INCORPORATED UNDER THE PROVISIONS OF COMPANIES ACT HAVING ITS REGISTERED OFFICE AT NO. 6, GM PEARL, 1 STAGE, I PHASE, BTM LAYOUT, BANGALORE - 560 068. REPRESENTED BY ITS AUTHORIZED SIGNATORY, SRI. GULAM MUKTHIYAR, S/O. LATE. GULAM RASOOL, AGED ABOUT 46 YEARS, DOING BUSINESS AT NO.6, GM PEARL, 1ST STAGE, 1ST PHASE, BTM LAYOUT, BANGALORE - 560 068. …PETITIONER (BY SRI. VIVEK SUBBA REDDY, SENIOR COUNSEL FOR SRI. CHANDPASHA, ADVOCATE) AND: 1. THE SECRETARY, THE REAL ESTATE REGULATORY AUTHORITY, KARNATAKA, HAVING ITS OFFICE AT 2ND FLOOR, SILVER JUBILEE BLOCK, UNITY BUILDING, CSI COMPOUND, 3RD CROSS, MISSION ROAD, BANGALORE - 560 027. Digitally signed by DHARMALINGAM Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:3407 WP No. 2038 of 2025 2. THE DEPUTY COMMISSIONER, BANGALORE DISTRICT, BANGALORE - 560 009. 3. THE SPECIAL TAHSILDAR, ANEKAL TALUK, KANDAYA BHAVAN, 1ST FLOOR, K.G. ROAD, BANGALORE - 560 009. 4. THE DEPUTY TAHSILDAR, NAADA KACHERI, JIGANI HOBLI, ANEKAL TALUK, BANGALORE - 562 106. 5. MR. MUKTHAR AHMAD PARREY S/O MR. ABDUL GANI PARREY AGED ABOUT 42 YEARS 6. MRS. ANJILA PARRY W/O MR. MUKTHAR AHMAD PARREY AGED ABOUT 41 YEARS BOTH RESIDING AT NO. 134, LAKSHMI LAYOUT, ARAKERE, BG ROAD, BANGALORE - 560 076. …RESPONDENTS (BY SRI. SHAMATH NAIK, HCGP FOR R1 TO R4) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) QUASH THE ORDER BEARING NO. M.S.C. (RERA) CR.13/24.25 DATED 23/10/2024 PASSED BY THE 3RD RESPONDENT SPECIAL TAHSILDAR, ANEKAL TALUK, BANGALORE VIDE ANNX-A AND ETC., - 3 - NC: 2025:KHC:3407 WP No. 2038 of 2025 THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE R DEVDAS ORAL ORDER Learned High Court Government Pleader is directed to take notice for respondent Nos.1 to 4. Notice to respondent Nos.5 and 6 are not necessary for the following reasons. 2. Learned Senior Counsel Sri. Vivek Subba Reddy, appearing for the petitioner submits that the Real Estate Regulatory Authority has passed the impugned order at Annexure-B without notice to the petitioner. The Authority has directed the petitioner herein to pay a sum of Rs.11,45,607/- along with interest. Pursuant to the order, the respondent- Thasildar has issued a notice at Annexure-A dated 23.10.2024, calling upon the petitioner to pay the said amount within a period of ten days. 3. However, learned High Court Government Pleader submits that there is an appeal provision in terms of Sub Section 5 of Section 43 of the Real Estate (Regulation and - 4 - NC: 2025:KHC:3407 WP No. 2038 of 2025 Development) Act, 2016, to prefer an appeal before the Appellate Tribunal, if the petitioner is aggrieved of any such order passed by the authority. 4. The writ petition is accordingly disposed of while reserving liberty to the petitioner to approach the Appellate Tribunal. However, the respondent-Thasildar is hereby directed not to precipitate the matter for a period of three weeks to enable the petitioner to approach the Appellate Tribunal. In view of the disposal of the main matter, I.A.No.1/2025 does not survive for consideration and the same stands disposed of. Sd/- (R DEVDAS) JUDGE rv List No.: 1 Sl No.: 16 CT: BHK