- 1 - HC-KAR NC: 2025:KHC-D:7265 WP No. 103424 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 2ND DAY OF JUNE 2025 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO. 103424 OF 2025 (GM-RES) BETWEEN: SKYTOWN BUILDERS AND DEVELOPERS, 2ND FLOOR, DEV PLAZA, ABOVE SHIRUR PARK MORE, 80 FT MAIN ROAD, SHIRUR PARK, DHARWAD-580031. REPRESENTED BY ITS MANAGING PARTNER, CHETAN S/O. SHREEDHAR PAWAR, AGE: 35 YEARS, OCC: BUILDER AND DEVELOPER, R/O. NAVANAGAR, HUBBALLI-580025. …PETITIONER (BY SRI. ABHISHEK KALLED, ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER, DHARWAD, D.C. OFFICE, DIST: DHARWAD-580 001. 2. THE TAHASILDAR, HUBBALLI, HUBBALLI-580020. 3. THE VILLAGE ACCOUNTANT, UNKAL CIRCLE, HUBBALLI-580031, HUBBALLI. 4. KARNATAKA REAL ESTATE REGULATORY, #1/14, 2ND FLOOR, SILVER JUBILEE BLOCK, UNITY BUILDING BACKSIDE, CSI COMPOUND, 3RD CROSS MISSION ROAD, BENGALURU-560027. 5. SHREEPAD SHINDGIKAR, AGE: 32 YEARS, OCC: CIVIL ENGINEER, R/O. NO.6A, KESHAV NAGAR, SBI COLONY, VIJAYALAKSHMI M KANKUPPI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:7265 WP No. 103424 of 2025 NEAR UDAY HOSTEL, DHARWAD-580001. 6. RAHUL SHINDGIKAR, AGE: 30 YEARS, OCC: CIVIL ENGINEER, R/O. NO.6A, KESHAV NAGAR, SBI COLONY, NEAR UDAY HOSTEL, DHARWAD-580001. …RESPONDENTS (BY SRI. M.M. KHANNUR, AGA FOR R1-R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO i. ISSUE A WRIT ORDER IN THE NATURE OF CERTIORARI TO QUASH THE ANNEXURE-B DATED 02/12/2024 PASSED BY THE 4TH RESPONDENT IN THE INTEREST OF JUSTICE AND EQUITY. ii. ISSUE A WRIT ORDER IN THE NATURE OF CERTIORARI TO QUASH THE ANNEXURE-D DATED 17/05/2025 ISSUED BY THE 3RD RESPONDENT IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR) 1. This petition is filed by the petitioner who is the builders and developers under the name of Skytown Builders and Developers for the relief of quashing the order dated 02.12.2024 passed by the 4th respondent - Karnataka Real Estate Regulatory Authority and consequently to quash the order dated 17.05.2025 issued by the 3rd respondent i.e., the Village Accountant. The - 3 - HC-KAR NC: 2025:KHC-D:7265 WP No. 103424 of 2025 petitioner moved this petition in the Vacation Bench on 29th May 2025. The petitioner is aggrieved by the orders passed by 4th respondent on the complaint filed by the respondent Nos.5 and 6 which came to be allowed in favour of respondent Nos.5 and 6 directing the petitioner to pay an amount of ₹34,81,663/- along with interest from 31.08.2019 to 08.04.2024. Subsequently the order is passed by the respondent No.3 which is an auction notice. 2. Before going into the merits of the matter or issuance of notice to the respondent Nos.5 and 6, the private parties, who are the complainants before the RERA, it is seen that Section 43(5) and Section 44(2) under Chapter 7 of the Real Estate (Regulation and Development) Act, 2016 contemplates Real Estate Appellate Tribunal. These above said provisions clearly lay down the procedure for preferring appeal against any order made by the Authorities or by the adjudicating officer before the Appellate Tribunal. Therefore in all fairness and as the statute provides for an appeal remedy - 4 - HC-KAR NC: 2025:KHC-D:7265 WP No. 103424 of 2025 to be exhausted by the petitioner before the appropriate appellate authority. The petitioner files a memo along with the notification dated 21st April 2025 whereby summer vacation was declared for the Appellate Tribunal from Monday the 5th of May 2025 to Saturday the 31st of May 2025. Hence he preferred writ petition before this Court. 3. In view of the fact that summer vacation has come to an end and the Courts are re-opened, the petitioner could be relegated to the Appellate Tribunal to redress his grievance by filing necessary appeal against the impugned order which is in question herein as there is alternative efficacious remedy available to the petitioner. This Court does not find need to issue notice to the private parties- respondent Nos.5 and 6. Accordingly I pass the following: ORDER i. This petition is disposed off. Liberty is reserved to the petitioner to approach to the - 5 - HC-KAR NC: 2025:KHC-D:7265 WP No. 103424 of 2025 Real Estate Appellate Tribunal for redressal of his grievance. ii. The time spent herein before this Court shall be condoned. iii. This Court has not expressed any opinion on the merits of the matter. iv. The Appellate Tribunal shall consider and deal with the matter independently as no opinion is expressed by this Court, including the limitation. Sd/- (PRADEEP SINGH YERUR) JUDGE KGK / CT-MCK List No.: 1 Sl No.: 35