Karnataka High Court
Orchids Elite Developers Private ... vs State Of Karnataka on 4 August, 2023
Bench: Krishna S.Dixit
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NC: 2023:KHC:27416
WP No. 16188 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MR JUSTICE KRISHNA S DIXIT
WRIT PETITION NO. 16188 OF 2023 (GM-RES)
BETWEEN:
ORCHIDS ELITE DEVELOPERS PRIVATE LIMITED
(FORMERLY KNOWN AS PRISHA
PROPERTIES PRIVATE LIMITED)
A COMPANY REGISTERED UNDER
THE COMPANIES ACT 1956,
HAVING REGISTERED OFFICE AT
FLAT NO.A-001, HANGING GARDEN, 77/2
NAGAWARA VILLAGE BANGALORE - 560 077.
ALSO ADMIN OFFICE AT,
NO.820, 8TH CROSS, 80 FEET ROAD,
KORAMANGALA, BANGALORE - 560 092.
REP BY ITS AUTHORIZED SIGNATORY
SRI.P. RAVI SHANKAR.
...PETITIONER
Digitally (BY SRI. K R KRISHNAMURTHY.,ADVOCATE)
signed by
SHARADA
VANI B
Location:
AND:
HIGH
COURT OF
KARNATAKA 1. STATE OF KARNATAKA
BY PRINCIPAL SECRETARY
DEPARTMENT OF REVENUE
M.S.BUILDING, DR. B.R. AMBEDKAR VEEDHI
BANGALORE - 560 001.
2. DISTRICT REGISTRAR OFFICE
NO. 122/22, 4TH FLOOR,
MONARK CHAMBER, INFANTRY ROAD,
BANGALORE - 560 001.
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WP No. 16188 of 2023
3. NESTOYA HOMES PRIVATE LIMITED
A COMPANY REGISTERED UNDER
THE COMPANIES ACT 2013.,
REGISTERED OFFICE AT NO. 589,
I FLOOR C BLOCK, AECS LAYOUT MAIN ROAD,
KUNDALAHALLI, BENGALURU - 560 037.
REPRESENTED BY ITS DIRECTOR,
SRI. VURA VENKTESHWARAULU
4. SRI. VURA VENKTESHWARAULU
S/O SRI. CHANDRAIAH VURA,
AGED ABOUT 57 YEARS,
R/AT FLAT NO. 82606, NIKOO-1,
BHARATHIYA CITY, TANISANDRA,
BENGALURU - 560064.
5. SRI. VOORA RAVICHANDRA
S/O SRI. VURA VENKTESHWARULU
AGED ABOUT 44 YEARS,
R/AT FLAT NO. 82606
NIKOO-1, BHARATHIYA CITY
TANISANDRA, BENGALURU - 560 064.
6. M/S AVENUE HOMES
A PARTNERSHIP FIRM REGISTERED
UNDER THE INDIAN PARTNERSHIP ACT 1932,
HAVING REGISTERED ADDRESS AT SY.NO. 77/2
NAGAVARA VILLAGE, KASABA HOBLI,
BENGALURU - 560 045.
...RESPONDENTS
(BY SRI.B V KRISHNA/. AGA FOR R1 & R2;
NOTICE TO R3 TO R6 IS D/W V.C.O DATED 04/08/2023)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
DIRECT TO R-2 TO CONSIDER THE PROTEST LETTER DTD
05/12/2022 FILED BY THE PETITIONER VIDE ANNEXURE-A AND
TO CONDUCT AN INQUIRY/ INVESTIGATION INITIATE
APPROPRIATE ACTION IN ACCORDANCE WITH LAW
THIS PETITION COMING ON FOR PRELIMINARY HEARING,
THIS DAY, THE COURT MADE THE FOLLOWING:
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WP No. 16188 of 2023
ORDER
The short grievance of the Petitioner is as to non-
consideration of his Protest Petition dated 05.12.2023 a
copy whereof avails at Annexure-A as against the
registration of Partnership Firm at the instance of
Respondent No.3. Learned counsel for the Petitioner
argues that one way or the other, the said Representation
ought to have been considered in accordance with law and
result thereof informed to his client. He presses into
service the mandate of Article 350 of the Constitution of
India in support of his submission.
2. Learned AGA accepted notice for Respondent
Nos. 1 & 2; he having opposed the Petition initially, now
agrees to instruct his client namely the 2nd Respondent
District Registrar to take a call on the subject Protest
Petition in accordance with law and within a reasonable
period.
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WP No. 16188 of 2023
Ordered accordingly and Writ Petition is disposed off,
all contentions having been kept open. Time for
compliance is six weeks.
It hardly needs to be stated that all the stake holders
i.e., Respondent Nos. 3 to 6would be issued notice and
heard since notice to them is dispensed with, here.
It is open to the 2nd Respondent to solicit any
information/documents from the side of Petitioner or put
respondents as are required for the consideration of
subject Protest petition; however, in the guise of such
solicitation, no delay shall be brooked.
Registry to send a copy of this judgment to the
private respondents by Speed post immediately.
Costs made easy.
Sd/-
JUDGE
Bsv
