- 1 - HC-KAR NC: 2025:KHC:46822 WP No. 5557 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 5557 OF 2021 (GM-ST/RN) BETWEEN: ASIF KHAN @ ASIF FAREED KHAN SON OF LATE MR FAREED KHAN AGE ABOUT 46 YEARS HAVING PERMANENT ADDRESS AT 23-9 -744/43 FLAT NO 303 3RD FLOOR, MANGALA GATEWAY MANGALADEVI TEMPLE ROAD MANGALORE - 575001 CURRENTLY RESIDING AT VILLA NO 123A/12 VR 24C STREET ALBADA NEAR ALWASL PARK UNITED ARAB EMIRATES …PETITIONER (BY SRI. PRAKASH B N., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP BY THE SECRETARY TO GOVERNMENT DEPARTMENT OF STAMPS AND REGISTRATION MS BUILDING, BENGALURU - 560001 2. THE INSPECTOR GENERAL OF REGISTRATION AND COMMISSIONER OF STAMPS, KANDAYA BHAVAN 8TH FLOOR, AMBEDKAR VEEDHI BENGALURU- 560009 Digitally signed by ARUNKUMAR M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:46822 WP No. 5557 of 2021 3. THE DIRECTORATE OF ENFORCEMENT GOVERNMENT OF INDIA REP BY ITS ASSSISTANT DIRECTOR MR BASAVARAJ R MAGDUM BENGALURU ZONAL OFFICE 3RD FLOOR B BLOCK BMTC SHANTHI NAGAR, TTMC K H ROAD BENGALURU - 560027 REP BY THE SPECIAL PUBLIC PROSECUTOR CENTRAL GOVERNMENT COUNSEL AND SPECIAL PROSECUTOR FOR IMA CASES DIRECTORATE OF ENFORCEMENT BENGALURU - 560026 …RESPONDENTS (BY SRI. MAHANTESH SHETTER, AGA FOR R1 AND R2; SRI. MADHUKAR DESHPANDE., ADVOCATE FOR R3) THIS W.P. FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED MEMORANDUM DTD.22.07.2019 ISSUED BY THE R-2 ANNEXURE-A IN SO FAR AS PROPERTY OF THE PETITIONER BEARING RESIDENTIAL APARTMENT BEARING NO.KL-1301 IN THE THIRTEEN FLOOR MEASURING BUILT-UP AREA OF ABOUT 1567 SQURE FEET, CONSISTING OF THREE BEDROOMS, SITUATED IN THE L BLOCK OF THE RESIDENTIAL COMPLEX, AJMERA INFINITY CONSTRUCTED ON THE COMPOSITE PROPERTY BEARING SY NO.100,156, 89/1, 90/1, 90/2, 91/1, 91/2 OF DODDATHOGUR VILLAGE BEGUR HOBLI, BANGALORE (SAID PROPERTY ) IS CONCERNED., AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH - 3 - HC-KAR NC: 2025:KHC:46822 WP No. 5557 of 2021 ORAL ORDER In this writ petition, the petitioner is assailing the Memorandum dated 22.07.2019 (Annexure-A) issued by the respondent No.2, restraining the petitioner, from creating third party interest in respect of the residential apartment bearing No.L-1301, 13th Floor, ‘Ajmera Infinity’, constructed on the composite property bearing Survey Nos.100, 156, 89/1, 90/1, 90/2, 91/1, 91/2 of Doddathogur Village, Begur Hubli, Bengaluru. 2. Heard the learned counsel Sri.M.J.Alva, for the writ petitioner and Sri.Mahantesh Shetter, learned AGA for respondent Nos.1 and 2 and Sri.Madhukar Deshpande, learned counsel for respondent No.3. 3. It is submitted by the learned counsel appearing for the petitioner that, the respondent No.2 has issued the impugned Memorandum at Annexure-A, restraining the petitioner, not to create any third party interest in respect of the subject property and same is - 4 - HC-KAR NC: 2025:KHC:46822 WP No. 5557 of 2021 without any basis and accordingly sought for interference of this Court. 4. Per contra, Sri.Madhukar Deshpande, learned counsel appearing for respondent No.3, on instruction submitted that, the respondent No.3, has not taken any action in so far as the attachment of the property mentioned in the prayer of writ petition i.e., the residential apartment at No.L-1301, 13th Floor, ‘Ajmera Infinity’, constructed on the composite property bearing Survey Nos.100, 156, 89/1, 90/1, 90/2, 91/1, 91/2 of Doddathogur Village, Begur Hubli, Bengaluru. 5. In that view of the matter, as the property mentioned in the prayer to the writ petition has not been attached by the respondent No.3 till date, I am of the view that, the impugned Memorandum at Annexure-A in respect of the property mentioned in the prayer column of the writ petition does not survive for consideration. - 5 - HC-KAR NC: 2025:KHC:46822 WP No. 5557 of 2021 6. Further, there is no impediment for the respondent – authorities to take action against the petitioner in a manner known to law, if they find any material against the petitioner in due course. 7. With these observations, the writ petition stands disposed of. SD/- (E.S.INDIRESH) JUDGE JJ List No.: 1 Sl No.: 6