- 1 - HC-KAR NC: 2025:KHC:40386 WP No. 20309 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 20309 OF 2024 (GM-RES) BETWEEN: SRI. S. RAGHAVENDRA S/O LATE Y. SAMPANGI AGED ABOUT 41 YEARS RESIDENT OF NO. 1519-A NEAR PETROL BUNK, BEGUR VILLAGE, BEGUR HOBLI BENGALURU - 560 068. …PETITIONER (BY SRI. BASAVARAJU P, ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF REVENUE M.S. BUILDING AMBEDKAR VEEDHI BENGALURU - 560 001 REP. BY PRINCIPAL SECRETARY. 2. THE DEPUTY COMMISSIONER BENGALURU URBAN DISTRICT KANDAYA BHAVAN, K.G. ROAD BENGALURU - 560 009. 3. THE SPECIAL TAHASILDAR BENGALURU SOUTH TALUK Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:40386 WP No. 20309 of 2024 GROUND FLOOR, KANDAYA BHAVAN K G ROAD, BENGALURU - 560 009. 4. THE ADDITINAL TAHASILDAR NADA KACHERI, JAYANAGARA HOBLI BENGLAURU SOUTH TALUK GROUND FLOOR, KANDAYA BHAVAN, K.G. ROAD, BENGALURU - 560 009. 5. THE REVENUE INSPECTOR BEGUR HOBLI, BENGALURU SOUTH TALUK GROUND FLOOR, KANDAYA BHAVANA K.G. ROAD, BENGALURU - 560 009. 6. DR. NIRANJAN S/O CHANDRASHEKAR Y.N, AGED ABOUT 48 YEARS, RESIDENT OF NO. 106 TIRUMALA ELITE, ARAKERE 80 FT ROAD, 6TH STAGE BENGALURU - 560 076. 7. M/S. SHREE MOOKAMBIKA BUILDERS AND DEVELOPERS, NO. 2258, "ROOPA NIVAS" 1ST MAIN, 4TH CROSS, BDA KALLAPPA LAYOUT, H A L III STAGE VIMANAPURA, BENGALURU - 560 017. 8. THE KARNATAKA REAL ESTATE AUTHORITY NO 1/14, GROUND FLOOR SILVER JUBILEE BLOCK UNITY BUILDING, C.S.I COMPOUND 3RD CROSS, MISSION ROAD - 3 - HC-KAR NC: 2025:KHC:40386 WP No. 20309 of 2024 BENGALURU - 560 027 REP. BY ITS SECRETARY …RESPONDENTS (BY SRI. SIDDARTH BABURAO, AGA FOR R-1 TO R-5; NOTICE TO R-7 AND R-8 IS DISPENSED WITH V/O.DT.30.07.2024; R6 - SERVED) *** THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO- DIRECT AND QUASH THE FINAL NOTICE BEARING NO. M.S.C(RERA)/CR/47/2023-24 DATED 11.06.2024 ISSUED BY THE RESPONDENT NO.3 VIDE ANNEXURE-A AND SEIZURE AND ATTACHMENT WARRANT BEARING NO. M.S.C.(RERA)/CR/47/ 2023-24 DATED 15.07.2024 ISSUED BY THE RESPONDENT NO.3 VIDE ANNEXURE-B, ETC., THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. Petitioner is before this Court seeking for the following reliefs: "a) To issue a Writ in the nature of Certiorari or any other appropriate Writ/Direction and quash the final notice bearing No.M.S.C.(RERA) CR /47/ 2023-24 dated 11/06/2024 issued by the respondent No.3 vide Annexure-A and Seizure & Attachment Warrant bearing No.M.S.C. (RERA)/CR/47/2023-24 dated 15/07/2024 - 4 - HC-KAR NC: 2025:KHC:40386 WP No. 20309 of 2024 issued by the respondent No.3 vide Annexure B; and b) To issue a Writ in the nature of Prohibition or any other appropriate Writ/Direction prohibiting the respondent Nos.1 to 5 from proceeding with further action pursuant to the seizure and attachment warrant bearing No.M.S.C.(RERA) CR/47/2023-24 dated 15/07/2024 issued by the respondent No.3 vide Annexure B and, c) To allow the writ petition as prayed for and pass such other suitable order/s, as this Hon'ble Court may deems to fit and proper to pass in the above said circumstances of the case in the interest of justice and equity." 2. Learned counsel for the petitioner has filed a memo, seeking permission of the Court to withdraw the writ petition. The said memo reads as follows: "The petitioner submits that, the present writ petition filed questioning the issuance of final notice dated 11/06/2024 vide Annexure A and attachment Warrant dated 15/07/2024 vide annexure-B and sought for issuance of Writ in the nature of Certiorari as against Respondents, since as on the day of filing the writ petition, the Hon'ble presiding Officer at Real Estate Appellate Tribunal had not assumed the Post, when the appeal was pending. Further, now the real Estate Appellate Tribunal constituted and hearing the appeal filed by the petitioner in Appeal No.15/2024, the respondent contended before the Tribunal that, the writ petition is - 5 - HC-KAR NC: 2025:KHC:40386 WP No. 20309 of 2024 pending, the Tribunal advised the petitioner to withdraw the above writ petition with a liberty to challenge the impugned notices and order of attachment, in the interest of justice and equity." 3. Placing the memo on record, the writ petition is dismissed as withdrawn, reserving liberty to avail the alternative remedy available to the petitioner. SD/- (SURAJ GOVINDARAJ) JUDGE BMV* List No.: 1 Sl No.: 102 CT: BHK