Karnataka High Court
Sri C Nagaraj vs Karnataka Real Estate Regulatoruy ... on 26 June, 2024
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
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WP No. 5847 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 26TH DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
WRIT PETITION NO. 5847 OF 2024 (GM-RES)
BETWEEN:
1. SRI. C. NAGARAJ,
S/O LATE CHENNARUDRIAYYA,
AGED ABOUT 63 YEARS.
2. SMT. LATHA CHANDRASHEKAR,
D/O C. NAGARAJ,
AGED ABOUT 38 YEARS.
3. SMT. ASHA SANTHOSH,
D/O C. NAGARAJ,
AGED ABOUT 36 YEARS.
4. SMT. SUMA RENUKESH,
D/O C NAGARAJ,
AGED ABOUT 31 YEARS.
Digitally 5. SRI. RAVI N TITO,
signed by
S/O C NAGARAJ,
YAMUNA K L
AGED ABOUT 29 YEARS.
Location:
High Court of
Karnataka 6. SMT. BHARATHI DEVANATH,
W/O LATE K.C. DEVANATH,
AGED ABOUT 48 YEARS.
7. SMT. SPOORTHI D.K,
D/O LATE K.C. DEVANATH,
AGED ABOUT 25 YEARS.
8. SRI. PRAJWAL D.K,
S/O LATE K.C. DEVANATH,
AGED ABOUT 25 YEARS.
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WP No. 5847 of 2024
9. SRI. KUCHANGI C.V. VASANTH KUMAR,
S/O SMT. UMA KUMARI,
AGED ABOUT 51 YEARS,
10. SRI. K.C. SHANKAR,
S/O K.G. CHANNABASAVAIAH,
AGED ABOUT 47 YEARS,
11. SRI. K.G. CHANNABASAVAIAH,
S/O LATE GUBBAIAH,
AGED ABOUT 82 YEARS,
12. SMT. TARA MANJUNATH,
D/O LATE PREMA RAJASHEKAR,
AGED ABOUT 55 YEARS,
13. SMT. ASHA MAHESH,
W/O LATE K.R. MAHESH,
AGED ABOUT 45 YEARS,
14. SRI. K.R. DINESH,
S/O LATE PREMA RAJASHEKAR,
AGED ABOUT 49 YEARS,
15. DR. HIMANSHU M,
S/O LATE AKKAMAHADEVI,
AGED ABOUT 30 YEARS,
16. DR. G. MOHAN KUMAR,
H/O LATE AKKAMAHADEVI,
AGED ABOUT 30 YEARS,
17. SMT. SUJATHA SHIVASHANKAR,
D/O SUJATHA SHIVASHANKAR,
AGED ABOUT 58 YEARS,
18. SMT. SIDDALAKSHMI SASTRY,
D/O SUJATHA SHIVASHNAKAR,
AGED ABOUT 27 YEARS,
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WP No. 5847 of 2024
19. MISS. KARUNASHASTRY @ KARUNA G.S,
D/O LATE G.T. SHIVASHANKAR,
AGED ABOUT 23 YEARS.
RESPONDENT NO. 1 TO 19 ARE
REPRESENTED BY THEIR GPA HOLDER,
M/S TIRUMAL CONSTRUCTIONS.
20. M/S. TIRUMAL CONSTRUCTIONS,
REGISTERED PARTNERSHIP FIRM,
HAVING ITS OFFICE AT NO.326,
5TH MAIN, 10TH CROSS, 4TH STAGE,
VINAYAKA LAYOUT, NAGARABHAVI,
BANGALORE - 560 072,
REPRESENTED BY ITS PARTNER
MR. PRAVEEN MOHAN.
...PETITIONERS
(BY SRI. CHETHAN KUMAR K, ADVOCATE)
AND:
1. KARNATAKA REAL ESTATE
REGULATORY AUTHORITY,
NO.1/14, 2ND FLOOR,
SILVER JUBILEE BLOCK,
UNITY BUILDING BACKSIDE,
CSI COMPOUND, 3RD CROSS,
MISSIONS ROAD, BANGALORE - 560 027,
REPRESENTED BY CHAIRMAN.
2. SRI. B. PRASHANTH,
NO.79/99, 4TH MAIN, BAPUJI NAGAR,
GOVERNMENT ELECTRIC FACTORY,
BANGALORE SOUTH,
BANGALORE URBAN - 560 026.
...RESPONDENTS
(BY SRI. DEVAIAH I.S, ADVOCATE FOR R1;
SRI. R. VIJAY KUMAR, ADVOCATE FOR R2)
THIS WP IS FILED UNDER ARTICLES OF 226 AND 227 OF
THE CONSTITUTING OF INDIA PRAYING TO QUASH THE
IMPUGNED ORDER DATED 11/01/2024 IN CMP NO. 8297/2022-
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WP No. 5847 of 2024
23, CMP NO. 6502/2022-23 AND CMP NO. 6518/2022-23
PASSED BY THE LEARNED R1 (RERA) VIDE ANNEXURE-J AND
ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
In this petition, petitioners are seeking for the following
relief:
"WHEREFORE, the petitioner prays
that this Hon'ble Court may be pleased
to:
a) Issue a Writ of certiorari or any
other suitable writ, order or directions as
the case may be quash the impugned
order dated 11.01.2024 in CMP
NO.8297/2022-23, CMP No.6502/2022-
the learned Respondent NO.1(RERA)
vide Annexure-J.
b) Grant such other relief or reliefs
as this Hon'ble Court deems fit to grant,
including awarding the costs of the
proceedings throughout in the interests
of justice and equity."
2. Heard the learned counsel for the petitioners and
learned counsel for the respondents.
3. Though several contentions have been urged by both
sides in support of their respective claims, a perusal of the
impugned order will indicate that respondent No.1-Authority
has directed the matter to be heard by the Full Bench of the
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Authority in terms of the provisions of the Real Estate
Regulations and Development Act, 2016. It is needless to state
that while adjudicating upon the matter, respondent No.1-
Authority would bear in mind the judgment of the Karnataka
Real Estate Appellate Tribunal in Appeal No.(K-REAT)-43/2021
c/w Appeal No.(K-REAT)-64/2021 dated 15.06.2022, as well as
the order passed by this Court in WP.No.6893/2023 dated
27.09.2023 and proceed further in accordance with law.
3. Under these circumstances, the impugned order does
not warrant interference by this Court in the present petition,
hence, I pass the following:
ORDER
i) Accordingly, the petition is disposed of
directing respondent No.1-Authority to
conclude the proceedings after giving sufficient
and reasonable opportunity to both parties and
in accordance with law and within a period of
two months from the date of receipt of a copy
of this order.
ii) All rival contentions on all aspects of the
matter are kept open.
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iii) Parties are directed to appear before the
RERA Authority on 08.07.2024.
iv) In view of disposal of the petition, interim
order passed in the present petition shall stand
vacated.
v) Registry is directed to return the Demand
Draft Bearing No.145887 dated 04.04.2024 for
a sum of Rs.25,000/- back to the petitioner.
Sd/-
JUDGE
PHM
CT: BHK
