Facts
The petitioners challenged the Tahsildar’s order dated 16 January 2025 attaching property connected with the project.
Source reference: para. 1The attachment was executed on 21 March 2025, and the Tahsildar later sought further action towards auctioning flats.
Source reference: para. 8The respondents submitted that the petitioners’ appeal against the Karnataka Real Estate Regulatory Authority’s underlying order had been dismissed on 23 August 2025 and that the order had attained finality.
Source reference: paras. 5, 9The petitioners sought to quash the attachment order under Articles 226 and 227 of the Constitution.
Source reference: cause title; para. 1Issues
1. Whether the Tahsildar’s attachment order warranted interference in the petitioners’ writ petition
Source reference: paras. 1, 3, 102. Whether the petitioners could challenge the consequential attachment order after the underlying order of respondent No. 4 had attained finality
Source reference: para. 9Law Applied
The petition was considered under the High Court’s jurisdiction under Articles 226 and 227 of the Constitution.
Source reference: cause titleThe Court applied the principle that a consequential attachment order could not be challenged at this stage where the underlying order had attained finality and the petitioners had produced no material showing that they had challenged that underlying order.
Source reference: para. 9The judgment cites no specific statute or precedent.
Source reference: no citationReasoning
The Court noted that the attachment had been executed and that steps had been initiated towards auctioning the flats.
Source reference: para. 8It also accepted the respondents’ submission that the appeal challenging respondent No. 4’s underlying order had been dismissed and that the order had attained finality; the petitioners had produced no material showing otherwise.
Source reference: para. 9In those circumstances, the Court declined to interfere with the consequential attachment order.
Source reference: paras. 9–10Holding
The Court dismissed the writ petition and declined to quash the Tahsildar’s attachment order.
It left open the petitioners’ right to challenge respondent No. 4’s order concerning the property, if entitled to do so in law.
Source reference: para. 11Original Court PDF
M/S UNISHIRE PROMOTERS PVT LTDvsSTATE OF KARNATAKA
Click to open original judgment
Original judgment, available to read, download and summarize on LawLens.in
