- 1 - HC-KAR NC: 2025:KHC:27742 WP No. 10029 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.10029 OF 2020 (GM-RES) BETWEEN: 1. SMT. LATHA KUMARI W/O. RANJIT KUMAR DUGHAR, AGED ABOUT 50 YEARS, R/AT NO.205, FLAT NO. 113, 2ND FLOOR, PRAKASH COMPLEX, TANNERY ROAD, FRAZER TOWN, BENGALURU-560 005. 2. SMT. S. VIJAYA DUGHAR W/O. SURENDRA KUMAR, AGED ABOUT 56 YEARS, R/AT NO.11, KALATHI PILLAI STREET, SOWCARPET, CHEENAI-600 001. 3. SMT. A. PUSHPA DUGHAR W/O. AJIT KUMAR DUGHAR, AGED ABOUT 49 YEARS, R/AT NO.11, KALATHI PILLAI STREET, SOWCARPET, CHEENAI-600 001. …PETITIONERS (BY SRI. CHANDAN, ADVOCATE) AND: 1. UNION OF INDIA MINISTRY OF PERSONNEL PUBLIC Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:27742 WP No. 10029 of 2020 GRIEVANCES AND PENSIONS, 5TH FLOOR, SARDAR PATEL BHAWAN, PARLIAMENT STREET, NEW DELHI-110 001, REPRESENTED BY ITS SECRETARY. 2. CENTRAL BUREAU OF INVESTIGATION NO. 36, BELLARY ROAD, GANGANAGAR, BENGALURU-560 032, REP BY ITS SUPERINTENDENT OF POLICE. 3. THE ENFORCEMENT DIRECTORATE BENGALURU ZONAL OFFICE, 3RD FLOOR, 3RD BLOCK, BMTC, SHANTHI NAGAR, TTMC, K.H. ROAD, BENGALURU-560 027, REP BY ITS JOINT DIRECTOR. 4. THE SPECIAL OFFICER AND COMPETENT AUTHORITY IMA REVENUE DEPARTMENT, C WING, 2ND FLOOR, B.M.T.C. COMPLEX, K.H. ROAD, SHANTHI NAGAR, BENGALURU-560 027, REP. BY ITS REGIONAL COMMISSIONER. 5. M/S. FRONTLINE PHARMA A UNIT OF IMAFL HEALTH CARE SERVICES PVT. LTD., HAVING ITS REGISTERED OFFICE AT OFFICE AT NO.5, LADY CURZON ROAD, SHIVAJINAGAR, BENGALURU-560 001, REP BY ITS CHAIRMAN, SRI. MOHAMMED MANSOOR KHAN, - 3 - HC-KAR NC: 2025:KHC:27742 WP No. 10029 of 2020 S/O. ABID ALI KHAN, AGED ABOUT 44 YEARS. …RESPONDENTS (BY SRI. PREM KUMAR ADVOCATE FOR R1 (MA FILED NOTICE NOT ORDERED) SRI. MADHUKAR DESHPANDE, CGSC FOR R3; SRI. M. SRINIVAS KUMAR, HCGP FOR R4) THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE NOTICE DTD.19.3.2020 ISSUED BY THE R-4 PRODUCED AT ANNEURE- F, DIRECT THE R-3 AND 4 TO HAND OVER VACANT POSSESSION OF THE SCHEDULE PROPERTY TO THE CUSTODY OF THE PETITIONERS FORTHWITH AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The petitioners are before this Court seeking for the following reliefs: "(a) Issue a writ of certiorari to quash the notice dated 19/03/2020 bearing no. IMA/CR/RENT/16/2019-20 issued by the respondent no.4, produced ANNEXURE:-"F"., and; at (b) Issue a writ of mandamus directing the respondent no.3 and 4 to hand over vacant possession of the schedule property to the custody of the petitioners forthwith and; - 4 - HC-KAR NC: 2025:KHC:27742 WP No. 10029 of 2020 (c) Issue a writ of mandamus directing the respondent authorities 1 to 4 to make payment of arrears of rent for 16 months till date amounting to Rs.10,00,000/-(Rupees Ten Lakhs only) and also to pay future rents to the petitioners until the disposal of this writ petition along with the accruing amount until the final payment with bank rate interest with costs of this petition and; (d) Pass such other order/issue necessary directions as this Hon'ble Court may deem fit to grant in the facts and circumstances of the above case, in the interest of justice and equity." 2. A memo dated 22.07.2025 signed by petitioner Nos.1, 2 and 3, as also by the learned counsel for the petitioners has been filed, which is taken on record and reads as under: "The Petitioners most humbly submit as follows: 1. Petitioners submit that, the Petition has become infructuous in respect of prayers (a) & (b) as the Respondent No. 1 to 4 have handed over possession of the property of which Respondent No. 5 was a tenant against whom the Respondents 1 to 4 had initiated various proceedings. However, Respondent No. 5 is still due and liable to pay the rental dues in respect of the property of which it was a tenant. 2. Petitioners further submit that, as they were prosecuting the present case, they were unable to file suitable proceedings against Respondent No. 5 to recover the rents that were legally due and payable by Respondent No. 5." Therefore, the Petitioners hereby withdraw the present Writ Petition as infructuous in respect of prayer (a) & (b) and seek the leave of this Hon'ble Court to grant them liberty to proceed against Respondent No. 5 for recovery of rents which are due to them." - 5 - HC-KAR NC: 2025:KHC:27742 WP No. 10029 of 2020 3. Accepting the said memo, the petition is dismissed as withdrawn. 4. Reserving liberty to the petitioners to file such proceedings as may be permissible on respondent No.5 for recovery of rents and other dues allegedly due by them to the petitioners. 5. Pending IAs shall stand disposed of. 6. The petitioners shall be entitled to the benefit of Section 14 of the Limitation Act, for the time spent during the prosecution of the above writ petition. Sd/- (SURAJ GOVINDARAJ) JUDGE BKN List No.: 1 Sl No.: 26