Karnataka High Court
Smt. Ashwini. M vs The State Of Karnataka on 14 December, 2023
Author: M.G.S. Kamal
Bench: M.G.S. Kamal
-1-
NC: 2023:KHC:45462
WP No. 19931 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE M.G.S. KAMAL
WRIT PETITION NO.19931 OF 2023 (GM-ST/RN)
BETWEEN:
SMT. ASHWINI M.
W/O. K. MAHAVEER JAIN
AGED ABOUT 42 YEARS
R/AT HOUSE NO.2-177/B,
'SIRISAMPADA', VIKAS NAGAR,
VALPADI VILLAGE AND POST,
MOODABIDRI TALUK,
D.K. DISTRICT-574 227
REP. BY HER GPA HOLDER,
MAHAVEER JAIN K.
S/O. LATE KUMARAYYA KAMBLI
AGED ABOUT 55 YEARS.
Digitally ...PETITIONER
signed by
SHAKAMBARI (BY SRI RAJASHEKAR S., ADVOCATE)
Location: High
Court of AND:
Karnataka
1. THE STATE OF KARNATAKA
DEPARTMENT OF REVENUE
M.S. BUILDING, DR. B.R. AMBEDKAR VEEDHI
BENGALURU-560 001
REP. BY ITS PRINCIPAL SECRETARY.
2. THE MEMBER SECRETARY AND
DIRECTOR GENERAL OF REGISTRATION
AND COMMISSIONR OF STAMPS
8TH FLOOR, KANDAYA BHAVAN,
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NC: 2023:KHC:45462
WP No. 19931 of 2023
KEMPEGOWDA ROAD,
BENGALURU-560 009.
3. THE DISTRICT REGISTRAR
SOUTH CANARA DISTRICT
OFFICE OF THE DEPUTY COMMISSIONER
MANGALURU
D.K. DISTRICT-575 001.
...RESPONDENTS
(BY SMT. RASHMI PATEL, HCGP)
THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF
THE CONSTITUTION OF INDIA, PRAYING TO a) QUASH THE
IMPUGNED MEMORANDUM/ENDORSEMENT DATED 22.08.2023
VIDE NO.MU/CAC/337/2022-2023 ISSUED BY THE
RESPONDENT NO.2 VIDE ANNEXURE-A AND b) DIRECTING THE
RESPONDENT NO.2 TO FIX THE PRICE/RATE FOR THE PROJECT
VIZ., 'SIRISAMPADA', FORMED IN SY.NO.185/12 AND 13 OF
VALPADI VILLAGE AND POST, MOODABIDRI TALUK, D.K.
DISTRICT PUT UP BY THE PETITIONER AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING
IN 'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner is before this Court seeking quash
of the Memorandum/ Endorsement dated 22.08.2023
issued by the respondent No.2 and for a direction to the
respondent No.2 to fix the price for the project, namely,
'Sirisampada' formed part in Sy.No.185/12 & 13 of Valpadi
village and Post, Moodabidri Taluk, D.K.District which is
put up by the petitioner.
NC: 2023:KHC:45462
2. Learned counsel for the petitioner reiterating
the grounds urged in the memorandum of petition submits
that impugned Memorandum/ Endorsement dated
22.08.2023 issued by the respondent No.2 calling upon
the petitioner to furnish the information of having been
obtained registration under the RERA authority is
unsustainable to the facts of the case as the subject
property is not situated in the 'Planning Area' as defined
under Section 2(zh) of the RERA Act. He also refers to the
judgment of the Coordinate Bench of this Court passed in
the case of Mrs. Lona Saritha D'Souza Vs. State of
Karnataka in W.P.No.771/2021 disposed of on
05.04.2021 wherein, in an identical facts situation, the
Coordinate Bench of this Court had quashed the
endorsement of similar nature.
3. Learned HCGP does not dispute the aforesaid
factual and legal aspect of the matter.
NC: 2023:KHC:45462
4. In that view of the matter, petition is allowed.
The impugned Memorandum/ Endorsement produced at
Annexure-A dated 22.08.2023 issued by the respondent
No.2 is set aside/quashed. Respondent No.2 is directed to
consider the requisition of the petitioner for the purpose of
fixation of the price of the project of the petitioner, in
accordance with law within a period of six weeks from the
date of receipt of the certified copy of this order.
Sd/-
JUDGE
