Karnataka High Court
M/S Unishire Promoters Pvt Ltd vs State Of Karnataka on 27 September, 2023
Author: Krishna S Dixit
Bench: Krishna S Dixit
-1-
NC: 2023:KHC:35297
WP No. 21662 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 27TH DAY OF SEPTEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE KRISHNA S DIXIT
WRIT PETITION NO. 21662 OF 2023 (GM-RES)
BETWEEN:
M/S UNISHIRE PROMOTERS PVT LTD.,
A COMPANY REGISTERED UNDER
THE INDIAN COMPANIES ACT, 1956,
AND HAVING ITS ADMINISTRATIVE
OFFICE AT NO 36, UNISHIRE SQUARE,
RAILWAY PARALLEL ROAD, NEHRU NAGAR,
BENGALURU 560 020.
PRESENTLY AT NO. 42, CASTLE STREET,
ASHOK NAGAR, BENGALURU 560 025.
REP BY ITS AUTHORISED SIGNATORY
SRI PRATIK K MEHTA
...PETITIONER
(BY SRI. G S VENKAT SUBBA RAO.,ADVOCATE)
Digitally signed AND:
by SHARADA
VANI B
1. STATE OF KARNATAKA
Location:
HIGH COURT REPRESENTED BY ITS SECRETARY,
OF DEPARTMENT OF HOUSING,
KARNATAKA GOVT OF KARNATAKA,
ROOM NO 213, 2ND FLOOR,
VIKASA SOUDHA, BENGALURU 560 001.
2. THE SECRETARY
KARNATAKA REAL ESTATE
REGULATORY AUTHORITY NO 1/14, 2ND FLOOR,
SILVER JUBILEE BLOCK,
UNITY BUILDING, CSI COMPOUND,
3RD CROSS, MISSION ROAD,
BENGALURU 560 027.
-2-
NC: 2023:KHC:35297
WP No. 21662 of 2023
3. S SWAMINATHAN,
S/O SRI R SHANTHARAM,
AGED ABOUT 67 YEARS,
RESIDING AT NO 73/74,
2ND MAIN ROAD, ROYAL ENCLAVE,
SREERAMPURA, JAKKUR POST,
BENGALURU 560 064.
...RESPONDENTS
(BY MS. NILOUFER AKBAR., AGA FOR R1)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
QUASH THE IMPUGNED ORDER DTD 12.09.2023 PASSED BY
THE KARNATAKA REAL ESTATE REGULATORY AUTHORITY,
BANGALORE, I.E., R2 HEREIN VIDE ANNEXURE-A AND DIRECT
THE KARNATAKA REAL ESTATE REGULATORY I.E., R2 HEREIN
TO CONSIDER AND PASS APPROPRIATE ORDERS ON AN
INTERLOCUTORY APPLICATION FILED BY THE PETITIONER U/S
35(2)(iii)(iv) OF REAL ESTATE REGULATION AND
DEVELOPMENT ACT, 2016 VIDE ANNEXURE-V.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
The short grievance of the petitioner is as to non- consideration of his interlocutory application filed u/s.35(2)(iii)(iv) of RERA Act, 2016, a copy whereof avails as Annexure-H. The prayer is for an "order to pass order"
and therefore the respondents need not be issued notice in the matter since they would be heard when the application will be taken up for consideration at the hands of the K- RERA.-3-
NC: 2023:KHC:35297 WP No. 21662 of 2023
2. There is force in the submission of learned counsel for the petitioner that applications of the kind should be taken up on a war footing before any coercive orders are passed on the main matter.
In view of the above, K-RERA is requested to take up petitioner's subject application for consideration in accordance with law and pass appropriate orders thereon within a period of six weeks, all contentions having been kept open. Till such consideration takes place, the hearing of main matter may be deferred.
All contentions are kept open.
Sd/-
JUDGE Snb/ List No.: 1 Sl No.: 3