- 1 - NC: 2025:KHC:16211 WP No. 10411 of 2025 C/W WP No. 10394 of 2025 WP No. 10397 of 2025 AND 5 OTHERS IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 10411 OF 2025 (GM-RES) C/W WRIT PETITION NO. 10394 OF 2025 (GM-RES) WRIT PETITION NO. 10397 OF 2025 (GM-RES) WRIT PETITION NO. 10400 OF 2025 (GM-RES) WRIT PETITION NO. 10402 OF 2025 (GM-RES) WRIT PETITION NO. 10406 OF 2025 (GM-RES) WRIT PETITION NO. 10410 OF 2025 (GM-RES) WRIT PETITION NO. 10413 OF 2025 (GM-RES) IN WP No. 10411/2025 BETWEEN: GULAM MUSTAFA ENTERPRISES PVT. LTD., A COMPANY INCORPORATED UNDER THE PROVISION OF THE COMPANIES ACT, HAVING REGISTERED OFFICE AT NO.6, GM PEARL, I STAGE, I PHASE, BTM LAYOUT, BENGALURU - 560 068, REPRESENTED BY ITS DIRECTOR AND AUTHORIZED SIGNATORY GULAM MUKTHIYAR. …PETITIONER (BY SRI. D.R. RAVISHANKAR, SR. ADVOCATE A/W SRI. SWAROOP S, ADVOCATE) AND: 1. THE KARNATAKA REAL ESTATE REGULATORY AUTHORITY, Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC:16211 WP No. 10411 of 2025 C/W WP No. 10394 of 2025 WP No. 10397 of 2025 AND 5 OTHERS REPRESENTED BY ITS SECRETARY, NO.1/4, SILVER JUBLIEE BLOCK, UNITY BUILDING BACKSIDE, CSI COMPOUND, 3RD CROSS, MISSION ROAD, BENGALURU - 560 027. 2. THE SPECIAL TAHASHILAAR, ANEKAL TALUK, PM6V + 2VF, VINAYAKA NAGAR, ANEKAL, KARNATAKA - 562 106. 3. THE DEPUTY COMMISSIONER, BENGALURU DISTRICT, BENGALURU - 560 009. 4. THE DEPUTY TAHASHILDAR JIGANI HOBLI, ANEKAL TALUK, BENGALURU - 562 106. 5. SRI. RAJAT SAXENA S/O. UNKNOWN MAJOR IN AGE, R/A. NO. A-901, NESTER RAGA APARTMENT, CHINNAPPA LAYOUT, MAHADEVAPURA, BENGALURU - 560 048. …RESPONDENTS (BY SRI. MOHAMMED JAFFAR SHAH, AGA FOR R2 TO R4) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ATTACHMENT ORDER PASSED BY THE R-2 DATED 01.02.2025 PASSED IN MSC (RERA) CR 100/2024-25 (ANNX-A) AND ETC., - 3 - NC: 2025:KHC:16211 WP No. 10411 of 2025 C/W WP No. 10394 of 2025 WP No. 10397 of 2025 AND 5 OTHERS IN WP NO. 10394/2025 BETWEEN: GULAM MUSTAFA ENTERPRISES PVT. LTD., A COMPANY INCORPORATED UNDER THE PROVISION OF THE COMPANIES ACT, HAVING REGISTERED OFFICE AT NO.6, GM PEARL, I STAGE, I PHASE, BTM LAYOUT, BENGALURU - 560 068, REPRESENTED BY ITS DIRECTOR AND AUTHORIZED SIGNATORY GULAM MUKTHIYAR. ...PETITIONER (BY SRI. D.R. RAVISHANKAR, SR. ADVOCATE A/W SRI. SWAROOP S, ADVOCATE) AND: 1. THE KARNATAKA REAL ESTATE REGULATORY AUTHORITY, REPRESENTED BY ITS SECRETARY, NO.1/4, SILVER JUBLIEE BLOCK, UNITY BUILDING BACKSIDE, CSI COMPOUND, 3RD CROSS, MISSION ROAD, BENGALURU - 560 027. 2. THE SPECIAL TAHASHILAAR, ANEKAL TALUK, PM6V + 2VF, VINAYAKA NAGAR, ANEKAL, KARNATAKA - 562 106. 3. THE DEPUTY COMMISSIONER, BENGALURU DISTRICT, BENGALURU - 560 009. - 4 - NC: 2025:KHC:16211 WP No. 10411 of 2025 C/W WP No. 10394 of 2025 WP No. 10397 of 2025 AND 5 OTHERS 4. THE DEPUTY TAHASHILDAR JIGANI HOBLI, ANEKAL TALUK, BENGALURU - 562 106. 5. SRI. AMIT SEN, S/O. AJOY SEN, AGED ABOUT 38 YEARS, R/A NO.405, SRINIDHI GREENS, GUNJUR, BENGALURU - 560 087. ...RESPONDENTS (BY SRI. MOHAMMED JAFFAR SHAH, AGA FOR R2 TO R4) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ATTACHMENT ORDER PASSED BY THE R-2 DATED 06.02.2025 PASSED IN MSC (RERA) CR 62/2024-25 (ANNX-A) AND ETC., IN WP NO. 10397/2025 BETWEEN: GULAM MUSTAFA ENTERPRISES PVT. LTD., A COMPANY INCORPORATED UNDER THE PROVISION OF THE COMPANIES ACT, HAVING REGISTERED OFFICE AT NO.6, GM PEARL, I STAGE, I PHASE, BTM LAYOUT, BENGALURU - 560 068, REPRESENTED BY ITS DIRECTOR AND AUTHORIZED SIGNATORY GULAM MUKTHIYAR. ...PETITIONER (BY SRI. D.R. RAVISHANKAR, SR. ADVOCATE A/W SRI. SWAROOP S, ADVOCATE) - 5 - NC: 2025:KHC:16211 WP No. 10411 of 2025 C/W WP No. 10394 of 2025 WP No. 10397 of 2025 AND 5 OTHERS AND: 1. THE KARNATAKA REAL ESTATE REGULATORY AUTHORITY, REPRESENTED BY ITS SECRETARY, NO.1/4, SILVER JUBLIEE BLOCK, UNITY BUILDING BACKSIDE, CSI COMPOUND, 3RD CROSS, MISSION ROAD, BENGALURU - 560 027. 2. THE SPECIAL TAHASHILAR ANEKAL TALUK, PM6V + 2VF, VINAYAKA NAGAR, ANEKAL, KARNATAKA - 562 106. 3. THE DEPUTY COMMISSIONER BENGALURU DISTRICT, BENGALURU - 560 009. 4. THE DEPUTY TAHASHILDAR JIGANI HOBLI, ANEKAL TALUK, BENGALURU - 562 106. 5. SRI. SHIVAKUMAR KOLAHAD S/O. UNKNOWN MAJOR IN AGE, R/A. NO. 402, C BLOCK, ITTINA MAHAVEER APARTMENTS, NEELADRI NAGAR, ELECTRONIC CITY 1, BENGALURU - 560 100. ...RESPONDENTS (BY SRI. MOHAMMED JAFFAR SHAH, AGA FOR R2 TO R4) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE - 6 - NC: 2025:KHC:16211 WP No. 10411 of 2025 C/W WP No. 10394 of 2025 WP No. 10397 of 2025 AND 5 OTHERS ATTACHMENT ORDER PASSED BY THE R-2 DATED 06.02.2025 PASSED IN MSC (RERA) CR 66/2024-25 (ANNX-A) AND ETC., IN WP NO. 10400/2025 BETWEEN: GULAM MUSTAFA ENTERPRISES PVT. LTD., A COMPANY INCORPORATED UNDER THE PROVISION OF THE COMPANIES ACT 1956, HAVING REGISTERED OFFICE AT NO.6, GM PEARL, I STAGE, I PHASE, BTM LAYOUT, BENGALURU - 560 068, REPRESENTED BY ITS DIRECTOR AND AUTHORIZED SIGNATORY GULAM MUKTHIYAR. ...PETITIONER (BY SRI. D.R. RAVISHANKAR, SR. ADVOCATE A/W SRI. SWAROOP S, ADVOCATE) AND: 1. THE KARNATAKA REAL ESTATE REGULATORY AUTHORITY, REPRESENTED BY ITS SECRETARY, NO.1/4, SILVER JUBLIEE BLOCK, UNITY BUILDING BACKSIDE, CSI COMPOUND, 3RD CROSS, MISSION ROAD, BENGALURU - 560 027. 2. THE SPECIAL TAHASHILAAR, ANEKAL TALUK, PM6V + 2VF, VINAYAKA NAGAR, ANEKAL, KARNATAKA - 562 106. - 7 - NC: 2025:KHC:16211 WP No. 10411 of 2025 C/W WP No. 10394 of 2025 WP No. 10397 of 2025 AND 5 OTHERS 3. THE DEPUTY COMMISSIONER, BENGALURU DISTRICT, BENGALURU - 560 009. 4. THE DEPUTY TAHASHILDAR JIGANI HOBLI, ANEKAL TALUK, BENGALURU - 562 106. 5. SRI. MUKHTAR AHMAD PARREY, S/O. ABDUL GANI PARREY, AGED ABOUT 40 YEARS 6. SMT. ANJILA PARREY W/O. MUKHTAR AHMAD PARREY AGED ABOUT 41 YEARS (5) AND (6) R/A. NO. 134, 4TH CROSS, LAKSHMI LAYOUT, ARAKERE, BG ROAD, BENGALURU - 560 076. ...RESPONDENTS (BY SRI. MOHAMMED JAFFAR SHAH, AGA FOR R2 TO R4) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ATTACHMENT ORDER PASSED BY THE R-2 DATED 06.02.2025 PASSED IN MSC (RERA) CR 68/2024-25 (ANNX-A) AND ETC., IN WP NO. 10402/2025 BETWEEN: ALLAM INFINITE INDIA PVT. LTD., A COMPANY INCORPORATED UNDER THE PROVISION OF THE COMPANIES ACT, - 8 - NC: 2025:KHC:16211 WP No. 10411 of 2025 C/W WP No. 10394 of 2025 WP No. 10397 of 2025 AND 5 OTHERS HAVING REGISTERED OFFICE AT NO.44/1, AZEEM PEARL, DICKENSON ROAD, YELLAPPA CHETTY LAYOUT, BENGALURU - 560 042, REPRESENTED BY ITS DIRECTOR AND AUTHORIZED SIGNATORY D.V. SRINIVAS RAO. ...PETITIONER (BY SRI. D.R. RAVISHANKAR, SR. ADVOCATE A/W SRI. SWAROOP S, ADVOCATE) AND: 1. THE KARNATAKA REAL ESTATE REGULATORY AUTHORITY, REPRESENTED BY ITS SECRETARY, NO.1/4, SILVER JUBLIEE BLOCK, UNITY BUILDING BACKSIDE, CSI COMPOUND, 3RD CROSS, MISSION ROAD, BENGALURU - 560 027. 2. THE SPECIAL TAHASHILAAR, ANEKAL TALUK, PM6V + 2VF, VINAYAKA NAGAR, ANEKAL, KARNATAKA - 562 106. 3. THE DEPUTY COMMISSIONER, BENGALURU DISTRICT, BENGALURU - 560 009. 4. THE DEPUTY TAHASHILDAR JIGANI HOBLI, ANEKAL TALUK, BENGALURU - 562 106. 5. JAYSHREE PILLAI, S/O. DANDAPANI PILLAI, - 9 - NC: 2025:KHC:16211 WP No. 10411 of 2025 C/W WP No. 10394 of 2025 WP No. 10397 of 2025 AND 5 OTHERS AGED ABOUT 50 YEARS, R/A. NO.304, BLUE BELLS, PRAKRUTHI TOWNSHIP, BABUSAPALYA, NEAR VINCENT PALLOTTI SCHOOL, BENGALURU - 560 043. ...RESPONDENTS (BY SRI. MOHAMMED JAFFAR SHAH, AGA FOR R2 TO R4) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ATTACHMENT ORDER PASSED BY THE R-2 DATED 06.02.2025 PASSED IN MSC (RERA) CR 14/2024-25 (ANNX-A). IN WP NO. 10406/2025 BETWEEN: GM INFINITE DWELLING INDIA PVT. LTD., A COMPANY INCORPORATED UNDER THE PROVISION OF THE COMPANIES ACT, 1956 HAVING REGISTERED OFFICE AT NO.44/1, AZEEM PEARL, DIKENSON ROAD, YELLAPPA GARDEN, YELLAPPA CHETTY ROAD, BENGALURU - 560 042, REPRESENTED BY ITS DIRECTOR AND AUTHORIZED SIGNATORY JAWID HUSSAIN. ...PETITIONER (BY SRI. D.R. RAVISHANKAR, SR. COUNSEL A/W SRI. SWAROOP S, ADVOCATE) - 10 - NC: 2025:KHC:16211 WP No. 10411 of 2025 C/W WP No. 10394 of 2025 WP No. 10397 of 2025 AND 5 OTHERS AND: 1. THE KARNATAKA REAL ESTATE REGULATORY AUTHORITY, REPRESENTED BY ITS SECRETARY, NO.1/4, SILVER JUBLIEE BLOCK, UNITY BUILDING BACKSIDE, CSI COMPOUND, 3RD CROSS, MISSION ROAD, BENGALURU - 560 027. 2. THE SPECIAL TAHASHILAAR, ANEKAL TALUK, PM6V + 2VF, VINAYAKA NAGAR, ANEKAL, KARNATAKA - 562 106. 3. THE DEPUTY COMMISSIONER, BENGALURU DISTRICT, BENGALURU - 560 009. 4. THE DEPUTY TAHASHILDAR JIGANI HOBLI, ANEKAL TALUK, BENGALURU - 562 106. 5. M/S. PATEL ENGINEERING LTD. A COMPANY REGISTERED UNDER COMPANIES ACT 1956, HAVING ITS REGISTERED OFFICE AT PATEL ESTATE ROAD, JOGESHWARI, MUMBAI - 400 102, REPRESENTED BY ITS DIRECTOR, RUPEN PATEL 6. SRI. SRIKANTH SG S/O. UNKNOWN MAJOR IN AGE, - 11 - NC: 2025:KHC:16211 WP No. 10411 of 2025 C/W WP No. 10394 of 2025 WP No. 10397 of 2025 AND 5 OTHERS 7. ASHA KRISHNASWAMY W/O. UNKNOWN MAJOR IN AGE R/A. NO. 179, 6TH CROSS, 1ST C CROSS, REMCO BHEL LAYOUT, VIJAYANAGAR, BENGALURU - 560 040. ...RESPONDENTS (BY SRI. MOHAMMED JAFFAR SHAH, AGA FOR R2 TO R4) THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ATTACHMENT ORDER PASSED BY THE R-2 DATED 06.02.2025 PASSED IN MSC (RERA) CR 78/2024-25 (ANNX-A) AND ETC., IN WP NO. 10410/2025 BETWEEN: GULAM MUSTAFA ENTERPRISES PVT. LTD., A COMPANY INCORPORATED UNDER THE PROVISION OF THE COMPANIES ACT, HAVING REGISTERED OFFICE AT NO.6, GM PEARL, I STAGE, I PHASE, BTM LAYOUT, BENGALURU - 560 068, REPRESENTED BY ITS DIRECTOR AND AUTHORIZED SIGNATORY GULAM MUKTHIYAR. ...PETITIONER (BY SRI. D.R. RAVISHANKAR, SR. COUNSEL A/W SRI. SWAROOP S, ADVOCATE) AND: 1. THE KARNATAKA REAL ESTATE - 12 - NC: 2025:KHC:16211 WP No. 10411 of 2025 C/W WP No. 10394 of 2025 WP No. 10397 of 2025 AND 5 OTHERS REGULATORY AUTHORITY, REPRESENTED BY ITS SECRETARY, NO.1/4, SILVER JUBLIEE BLOCK, UNITY BUILDING BACKSIDE, CSI COMPOUND, 3RD CROSS, MISSION ROAD, BENGALURU - 560 027. 2. THE SPECIAL TAHASHILAAR, ANEKAL TALUK, PM6V + 2VF, VINAYAKA NAGAR, ANEKAL, KARNATAKA - 562 106. 3. THE DEPUTY COMMISSIONER, BENGALURU DISTRICT, BENGALURU - 560 009. 4. THE DEPUTY TAHASHILDAR JIGANI HOBLI, ANEKAL TALUK, BENGALURU - 562 106. 5. AMAL VINAYAK S/O. VP MURALEEDHARAN AGED ABOUT 35 YEARS 6. DEEPTHI PS W/O. AMAL VINAYAK AGED ABOUT 32 YEARS (5) AND (6) R/A SAI VINAYAK, KANIYARAM, MANATHAVADI PO, WAYANAD - 670 645. ...RESPONDENTS (BY SRI. MOHAMMED JAFFAR SHAH, AGA FOR R2 TO R4) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ATTACHMENT ORDER PASSED BY THE R-2 DATED - 13 - NC: 2025:KHC:16211 WP No. 10411 of 2025 C/W WP No. 10394 of 2025 WP No. 10397 of 2025 AND 5 OTHERS 06.02.2025 PASSED IN MSC (RERA) CR 65/2024-25 (ANNX-A) AND ETC., IN WP NO. 10413/2025 BETWEEN: ALLAM INFINITE INDIA PVT. LTD., A COMPANY INCORPORATED UNDER THE PROVISION OF THE COMPANIES ACT, HAVING REGISTERED OFFICE AT NO.44/1, AZEEM PEARL, DICKENSON ROAD, YELLAPPA CHETTY LAYOUT, BENGALURU - 560 042, REPRESENTED BY ITS DIRECTOR AND AUTHORIZED SIGNATORY D.V. SRINIVAS RAO. ...PETITIONER (BY SRI. D.R. RAVISHANKAR, SR. COUNSEL A/W SRI. SWAROOP S, ADVOCATE) AND: 1. THE KARNATAKA REAL ESTATE REGULATORY AUTHORITY, REPRESENTED BY ITS SECRETARY, NO.1/4, SILVER JUBLIEE BLOCK, UNITY BUILDING BACKSIDE, CSI COMPOUND, 3RD CROSS, MISSION ROAD, BENGALURU - 560 027. 2. THE SPECIAL TAHASHILAAR, ANEKAL TALUK, PM6V + 2VF, VINAYAKA NAGAR, ANEKAL, KARNATAKA - 562 106. - 14 - NC: 2025:KHC:16211 WP No. 10411 of 2025 C/W WP No. 10394 of 2025 WP No. 10397 of 2025 AND 5 OTHERS 3. THE DEPUTY COMMISSIONER, BENGALURU DISTRICT, BENGALURU - 560 009. 4. THE DEPUTY TAHASHILDAR JIGANI HOBLI, ANEKAL TALUK, BENGALURU - 562 106. 5. SAHARUH HASSAN NADAF, S/O HASAN BABALAL NADAF, AGED ABOUT 30 YEARS, R/A NO.2/8, IV FLOOR, SPENCER ROAD, COLES PARK, FRAZER TOWN, BENGALURU - 560 025. ...RESPONDENTS (BY SRI. MOHAMMED JAFFAR SHAH, AGA FOR R2 TO R4) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ATTACHMENT ORDER PASSED BY THE R-2 DATED 06.02.2025 PASSED IN MSC (RERA) CR 16/2024-25 (ANNX-A) AND ETC., THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioners in all these petitions call in question an order of attachment dated 06.02.2025, which is common in all these cases. The order of attachment is against the Company or its Director. Since the issue in the lis is common and - 15 - NC: 2025:KHC:16211 WP No. 10411 of 2025 C/W WP No. 10394 of 2025 WP No. 10397 of 2025 AND 5 OTHERS between the same parties, the petitions are taken up together and considered by this common order. 2. Heard Shri D.R. Ravishankar, learned Senior counsel along with Shri Swaroop S., learned counsel appearing for the petitioner and Shri Mohammed Jaffar Shah, learned Additional Government Advocate appearing for respondents No.2 to 4. 3. For the sake of convenience, facts obtaining in WP.No.10411/2015 are narrated. 4. Respondents No.5 and 6 are the private respondents in all these cases, book an apartment unit in the apartment complex that is said to be constructed by the Company. The agreement towards the purchase of the apartment is entered into with the homebuyers, at different dates, beginning from 14.12.2021. The homebuyers then approach the Real Estate Regulatory Authority ('the RERA' for short) complaining that there is a delay in delivery of the apartment and therefore, they should be granted interest on such delay. The petitioner is said to have remained absent - 16 - NC: 2025:KHC:16211 WP No. 10411 of 2025 C/W WP No. 10394 of 2025 WP No. 10397 of 2025 AND 5 OTHERS throughout in those proceedings. The RERA passes an order determining the amount that is to be paid to the homebuyers to attach the property of the petitioners. Then comes the impugned attachment order issued by the Tahsildar - respondent No.2 on 06.02.2025. The attachment notices are identical in all the companion petitions. Challenging the multiple attachment notices so issued, the petitioners in all these cases are before this Court. 5. Shri D. R. Ravishankar learned Senior counsel appearing for the petitioners would take this Court through a notice of attachment seeking to demonstrate that the notice of attachment does not even contain the property or the dimension of the property. They are bald and vague notices. Such notices would not stand the scrutiny of law. He would seek quashment of the notices. 6. Per contra, the learned Additional Government Advocate would seek leave of this Court to withdraw all these notices and issue fresh notice depicting every detail in the notice itself qua the orders that are passed by the RERA. - 17 - NC: 2025:KHC:16211 WP No. 10411 of 2025 C/W WP No. 10394 of 2025 WP No. 10397 of 2025 AND 5 OTHERS 7. In the light of the said submission of the learned Additional Government Advocate, keeping these petitions pending would not arise. Therefore, I reserve liberty to the State to issue fresh notices, which would contain all the details of the properties that are subject matter of attachment. 8. Likewise, I reserve liberty to the petitioners, as well to challenge those notices that would be issued, if they are so aggrieved. But as a matter of form, in the light of the submission of the learned Additional Government Advocate, all the impugned notices in these petitions stand obliterated, reserving liberty to both the petitioners and respondent - State, as observed in the course of the order. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE JY List No.: 1 Sl No.: 64 CT: BHK