Karnataka High Court
M/S Trishul Developers vs The Karnataka Real Estate Regulatory ... on 23 April, 2024
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
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NC: 2024:KHC:16208
WP No. 1859 of 2024
C/W WP No. 7236 of 2024
WP No. 9670 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF APRIL, 2024
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
WRIT PETITION NO. 1859 OF 2024 (GM-RES)
C/W
WRIT PETITION NO. 7236 OF 2024 (GM-RES)
WRIT PETITION NO. 9670 OF 2024 (GM-RES)
IN WRIT PETITION NO. 1859 OF 2024
BETWEEN:
SRI. MATHEW THOMAS
S/O LATE T.P.JOHN
AGED ABOUT 84 YEARS
RESIDENT OF NO.2, 'ARISTOS'
SOBHA CITY, THANISANDRA MAIN ROAD
BENGALURU - 560 064.
...PETITIONER
Digitally signed (BY SRI. CHAITANYA S. G., ADVOCATE)
by NAGAVENI
Location: HIGH AND:
COURT OF
KARNATAKA
1. STATE OF KARNATAKA
REP. BY ITS CHIEF SECRETARY
GOVERNMENT OF KARNATAKA
VIDHANA SOUDHA
BENGALURU - 560 001.
2. THE REGISTRAR
RERA APPELLATE TRIBUNAL
NO.1/14, 2ND FLOOR
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NC: 2024:KHC:16208
WP No. 1859 of 2024
C/W WP No. 7236 of 2024
WP No. 9670 of 2024
SILVER JUBILEE BLOCK
UNITY BUILDING, CSI COMPOUND
MISSION ROAD, BENGALURU - 560 027.
...RESPONDENTS
(BY SRI. K.SHASHIKIRAN SHETTY, ADVOCATE GENERAL FOR
SMT. NAVYASHEKHAR, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO a)
DIRECT R1 TO CONSIDER THE REPRESENTATION AT
ANNEXURE C AND APPOINT A CHAIRPERSON TO THE RERA
APPELLATE TRIBUNAL, BANGALORE AND ETC.,
IN WRIT PETITION NO. 7236 OF 2024
BETWEEN
M/S. TRISHUL DEVELOPERS
A PARTNERSHIP FIRM REGISTERED
UNDER PARTNERSHIP ACT, 1932
MITTAL TOWERS, NO.109 'B' WING
1ST FLOOR, NO. 6, M.G.ROAD
BENGALURU - 560 001
REPRESENTED BY ITS PARTNER
NIRAJ MITTAL
...PETITIONER
(BY SRI. YACHAN H. U., ADVOCATE)
AND
1. THE KARNATAKA REAL ESTATE
REGULATORY AUTHORITY
2ND FLOOR, SILVER JUBILEE BLOCK
UNITY BUILDING, CSI COMPOUND
3RD CROSS, MISSION ROAD
BENGALURU - 560 027.
REPRESENTED BY MEMBER.
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NC: 2024:KHC:16208
WP No. 1859 of 2024
C/W WP No. 7236 of 2024
WP No. 9670 of 2024
2. MR. BALAN PARAVANTAVIDA
S/O KANARAN
AGED ABOUT 65 YEARS.
3. SANGEETHA BALAN
WIFE OF MR. BALAN PARAVANTAVIDA
RESPONDENTS NO.2 AND 3 ARE
RESIDING AT: P.O.BOX 7182
ALEXANDRIA, VA 22307
USA
...RESPONDENTS
(BY SRI. K.SHASHIKIRAN SHETTY, ADVOCATE GENRAL FOR
SMT. NAVYA SHEKHAR, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
SET ASIDE THE IMPUGNED ORDER DTD 11.01.2024 PASSED
BY THE KARNATAKA REAL ESTATE REGULATORY AUTHORITY IN
CMP/210119/0007420
IN WRIT PETITION NO. 9670 OF 2024
BETWEEN
M/S. AKRUTI HOMES
BANGALORE PRIVATE LIMITED
HAVING ITS OFFICE AT
NO. 126, PALM MEADOWS I
RAMAGONDANAHALLI, WHITEFIELD
BENGALURU - 560 066
REPRESENTED BY ITS
PROCUREMENT MANAGER
P.SHARATH REDDY
...PETITIONER
(BY SRI. JOSEPH ANTHONY, ADVOCATE)
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NC: 2024:KHC:16208
WP No. 1859 of 2024
C/W WP No. 7236 of 2024
WP No. 9670 of 2024
AND
1 . KARNATAKA REAL ESTATE
REGULATORY AUTHORITY
2ND FLOOR, SILVER JUBILEE BLOCK
UNITY BUILDING, CSI COMPOUND
3RD CROSS, MISSION ROAD
BENGALURU - 560 027.
REPRESENTED BY ITS SECRETARY.
2 . MR. VEERA RAGHAVAN SUNDARAM
FLAT NO. NK-102, NORTH BLOCK
SHRIRAM SMRITHI APARTMENTS
SARJAPURA ATTIBELE ROAD
BENGALURU - 562 107.
3 . MRS. VEENA VASUDEVAN
FLAT NO. NK-102, NORTH BLOCK
SHRIRAM SMRITHI APARTMENTS
SARJAPURA ATTIBELE ROAD
BENGALURU - 562 107.
4 . B.M.GOVINDAREDDY
S/O LATE MUNISWAMY REDDY
BIDARAGUPPA VILLAGE AND POST
ATTIBELE HOBLI, ANEKAL TALUK
BENGALURU - 562 107.
....RESPONDENTS
(BY SRI. K.SHASHIKIRAN SHETTY, ADVOCATE GENERAL FOR
SMT. NAVYA SHEKHAR, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
SET ASIDE THE IMPUGNED ORDER IN CMP/220802/0009838
DATED JANUARY 24, 2024 PASSED BY THE RESPONDENT NO.1
(ANNEXURE A)
THESE WRIT PETITIONS, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
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NC: 2024:KHC:16208
WP No. 1859 of 2024
C/W WP No. 7236 of 2024
WP No. 9670 of 2024
ORDER
Heard Sri Chaitanya S.G., learned counsel for petitioners, Sri K. Shashikiran Shetty, learned Advocate General along with Smt. Navyashekhar, learned Additional Government Advocate for the respondents.
2. Sri K. Shashikiran Shetty, learned Advocate General in compliance of the order passed by this Court from time to time produces a notification dated 20.04.2024, by which the Karnataka Real Estate Appellate Tribunal is constituted by appointing a Member. He would further submit that insofar as the Chairperson is concerned, the process of appointment would conclude within a fortnight.
3. It is his further submission that all the files pending before this Court can now be transferred to the Appellate Tribunal as the Appellate Tribunal, is now functional and the Chairperson would soon be appointed. The submission is placed on record.
4. In the light of the said submission, the prayer in the W.P.No.1859/2024 seeking constitution of the tribunal is rendered infructuous. Therefore, W.P.No.1859/2024 stands -6- NC: 2024:KHC:16208 WP No. 1859 of 2024 C/W WP No. 7236 of 2024 WP No. 9670 of 2024 disposed as having become infructuous, with a direction to the respondents - State to appoint the Chairperson, within four weeks from the date of receipt of a copy of the order.
5. The challenge, in the companion writ petitions in W.P.Nos.9670/2024 and 7236/2024, are to the orders passed by the Karnataka Real Estate Regulatory Authority, which will have to be challenged only before the Appellate Tribunal, these writ petitions are disposed, reserving liberty to the petitioners to knock at the doors of the Appellate Tribunal, since the Karnataka Real Estate Appellate Tribunal, which is now functional.
6. Interim order granted by this Court if any, shall continue till the matters are taken up by the Appellate Tribunal or for a period of 12 weeks, whichever is earlier.
Ordered accordingly.
Sd/-
JUDGE NVJ List No.: 1 Sl No.: 24 CT:SS