- 1 - HC-KAR NC: 2025:KHC:31887 WP No. 34603 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 34603 OF 2024 (GM-RES) BETWEEN: 1. SRIHARI PATHAK S/O JAYARAM PATHAK AGED ABOUT 36 YEARS 2. PRATHIBA PATHAK W/O SRIHARI PATHAK AGED ABOUT 34 YEARS PETITIONERS NO. 1 TO 2 R/AT NO. 2992/1 NEW NO. 27/1 3RD MAIN ROAD VIVIPURAM DEVARAJA MOHALLA MYSORE. 3. PATHAK DEVELOPERS PVT LTD OFFICE AT NO. 2997/2 RUKMA COMPLEX KALIDASA ROAD, MYSORE REPRESENTED BY DIRECTOR REG INCORPORATED UNDER THE COMPANIES ACT 1956 …PETITIONERS (BY SMT. VARSHA HITTINHALLI., ADVOCATE) Digitally signed by VANAMALA N Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:31887 WP No. 34603 of 2024 AND: 1. TAHASILDAR OFFICE OF TAHSILDAR MYSORE TALUK MYSORE. 2. REGIONAL COMMISSIONER MYSORE DIVISION HUNNUR ROAD MYSORE 570005. 3. KARNATAKA REAL ESTATE REGULATORY AUTHORITY 2ND FLOOR, SILVER JUBILEE BLOCK 3RD CORSS ROAD, CSI COMPOUND MISSION ROAD, SAMPANGI RAMA NAGARA BENGALURU - 560 027. 4. SMT. SHILPA KAMATH W/O DR SHASHIDHAR KAMATH AGED MAJOR NO. 377, 2ND MAIN GOKULAM 3RD STAGE MYSORE 570002. …RESPONDENTS (BY SRI.SHAMANTH NAIK., HCGP FOR R1 AND R2; SRI. S.D.N. PRASAD, ADVOCATE FOR R4; NOTICE TO R3 IS DISPENSED WITH VIDE ORDER DATED 30.07.2025) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO - 3 - HC-KAR NC: 2025:KHC:31887 WP No. 34603 of 2024 A. DIRECTION SETTING ASIDE THE IMPUGNED ORDER DATED 30.09.2020 ISSUED BY THE RESPONDENT NO.3 IN COMPLAINT BEARING CMP NO.180303/0000536 BEFORE THE KARNATAKA REAL ESTATE AND REGULATORY AUTHORITY (PRODUCED AS ANNEXURE- A) AND ALL PROCEEDINGS ARISING THEREFORM; B. DIRECTION SETTING ASIDE THE IMPUGNED NOTICE DATED 21.10.2024 ISSUED BY THE RESPONDENT NO.1 (ANNEXURE-B) BEARIGNG NO. SAM. TAHMYS/MSC9R- 12)01/2021-22 E- 286915. C. DIRECTION SETTING ASIDE THE IMPUGNED ORDER (NOT DATED) ISSUED BY THE RESPONDENT NO.3 IN EXECUTION PROCEEDINGS IN CMP NO. 180303/0000536 (ANNEXURE-C). D. DIRECTION SETTING ASIDE IMPUGNED ORDER DATED 25.03.2021 ALONG WITH THE RECOVERY CERTIFICATE ISSUED BY THE RESPONDENT NO.3 (ANNEXURE-D); SANKYE:RERA/KANDAYA/536/2020-21/4037; ALL THE NOTICES, ORDERS PASSED BY THE RESPONDENTS PURSUANT TO THE ORDER DATED 30.09.2020 PASSED BY THE RESPONDENT NO.3 (ANNEXURE ); SANKEY; RERA/KANDAYA/536/2020-21. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD - 4 - HC-KAR NC: 2025:KHC:31887 WP No. 34603 of 2024 ORAL ORDER The petitioners, who have to answer the order dated 30.09.2020 by the Karnataka Real Estate Regulatory Authority, Bengaluru, have filed this petition calling in question not just this order but also the subsequent proceedings. On the previous occasion, Sri S.D.N. Prasad, the learned counsel for the forth respondent had pointed out that this petition will not be maintainable because of this Court's order in W.P. No. 14879/2025, and the petition is listed today for response in the light of the afore. Sri S.D.N.Prasad, in reiteration of his earlier submission, invites this Court's attention to the order dated 07.07.2025 in W.P. No. 14879/2025 and submits that this Court has refused to interfere because the petitioners, notwithstanding the undertaking, have defaulted and the learned counsel also submits that the petitioners have an alternative - 5 - HC-KAR NC: 2025:KHC:31887 WP No. 34603 of 2024 remedy under the Real Estate (Regulation And Development) Act, 2016. The question for consideration is whether this Court must intervene in the circumstances emphasized by Sri S.D.N.Prasad, and this Court is not inclined to if the petitioners have violated the undertaking resulting in dismissal of the petition though some liberty is reserved. The petitioners must avail statutory remedy, and without prejudice to such right, the petition stands disposed of. Sd/- (B M SHYAM PRASAD) JUDGE NV