Facts
Respondent No. 4’s order concerning amounts due to respondent No. 5 led to action by the revenue authorities.
Source reference: no citationThe Deputy Commissioner passed an order on 10 April 2024, and the Tahsildar subsequently issued the impugned attachment order on 16 January 2025.
Source reference: para. 7–8The attachment was executed and possession of the subject land was taken on 21 March 2025; further steps toward auctioning flats were also initiated
Source reference: para. 7–8The petitioners challenged the Tahsildar’s attachment order under Articles 226 and 227.
Source reference: para. 7–8Respondent No. 5 submitted that the petitioners’ appeal against respondent No. 4’s original order had been dismissed on 23 August 2025 and that the order had attained finality
Source reference: para. 5, 9Issues
1. Whether the petitioners could challenge the Tahsildar’s consequential attachment order when the underlying order of respondent No. 4 had attained finality
Source reference: para. 92. Whether the attachment order warranted interference in the writ petition
Source reference: para. 1, 10Law Applied
The Court cited no specific statutory provision, precedent, or separately articulated legal test.
Source reference: no citationIts reasoning applied the principle that, where an underlying order has attained finality, a party cannot at that stage challenge a consequential attachment order as bad in law
Source reference: para. 9Reasoning
The Court noted that the attachment had been executed and that the authorities had proceeded with steps toward auctioning the flats
Source reference: para. 8It also accepted that the petitioners had not produced material showing a challenge to respondent No. 4’s order, which had attained finality following dismissal of their appeal
Source reference: para. 9In those circumstances, the petitioners could not use the writ petition to challenge the consequential attachment order, and the Court found no ground for interference
Source reference: para. 9–10Holding
The Court dismissed the writ petition and declined to interfere with the Tahsildar’s attachment order
It left open the petitioners’ right to challenge respondent No. 4’s order concerning the property, if they were otherwise entitled to do so in law
Source reference: para. 11Original Court PDF
M/S UNISHIRE PROMOTERS PVT LTDvsSTATE OF KARNATAKA
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