Karnataka High Court
Manisha Gupta vs The State Of Karnataka on 12 July, 2024
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
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WP No. 22041 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
WRIT PETITION NO. 22041 OF 2023 (GM-RES)
BETWEEN:
1. MANISHA GUPTA
AGED ABOUT 38 YEARS,
D/O N G GUPTA,
R/AT SLS SYMPHONY, NO.223,
2ND CROSS, BHUVANESWARI NAGAR,
BANGALORE-560024.
2. BEGUM RAFIUNNISA
AGED ABOUT 49 YEARS,
D/O SABER ALI, R/AT 32-16,
PLOT NO.16, VENKATADRI HILLS,
HAL COLONY,
RAMARAM ROAD,
JEEDIMETLA, HYDERABAD,
TELANGANA-500055.
Digitally signed
by YAMUNA K L
3. SHERRY JOSHUA
Location: High
Court of AGED ABOUT 70 YEARS,
Karnataka S/O K K JOSHUA,
R/AT 7-B,
SKYLINE ALTON HEIGHTS,
PUTHENANGADY,
KOTTAYAM-686001
KERALA.
4. ANN JOSHUA
AGED ABOUT 64 YEARS,
W/O SHERRY JOSHUA,
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WP No. 22041 of 2023
R/AT 7-B,SKYLINE ALTON HEIGHTS,
PUTHENANGADY,KOTTAYAM-686001
KERALA.
5. ABHISHEK MAKKAR
AGED ABOUT 40 YEARS,
S/O OM PRAKASH MAKKAR,
R/AT NO.#304, 2ND BLOCK,
HERITAGE ESTATE,
DODDABALLAPUR ROAD, YELAHANKA,
BANGALORE-560064.
6. ARCHANA MAKKAR
AGED ABOUT 39 YEARS,
W/O ABHISHEK MAKKAR,
R/AT NO.304,
2ND BLOCK,
HERITAGE ESTATE,
DODDABALLAPUR ROAD,
YELAHANKA, BANGALORE-560064
7. SHREENIWAS JADAL
AGED ABOUT 46 YEARS,
S/O JAGGANATH JADAL,
R/AT 108/3251,
PANTNAGAR, GHATKOPA (E),
MUMBAI-400075.
8. JEETENDRA BHANU KUMAR VERMA
AGED ABOUT 57 YEARS,
S/O SH BHANU KUMAR VERMA,
R/AT FLAT NO.G-01,
FORTUNA CLASSIC APARTMENTS, 12 MAIN,
CANARA BANK LAYOUT,
SAHAKARNAGAR,
BANGALORE-560097.
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WP No. 22041 of 2023
9. SEEMA J VERMA
AGED ABOUT 57 YEARS,
W/O JEETENDRA BHANU KUMAR VERMA,
R/AT FLAT NO.G-01,
FORTUNA CLASSIC APARTMENTS,
12 MAIN, CANARA BANK LAYOUT,
SAHAKARNAGAR, BANGALORE-560097
10. SYED AJMAL AHMED
AGED ABOUT 55 YEARS,
S/O LATE DR. S. A. JALEEL,
R/AT VILLA NO.14,
THE RETREAT, TARABANAHALLI,
JALA HOBLI,
BANGALORE-562157
11. SHREEN FATHIMA
AGED ABOUT 53 YEARS,
W/O SYED AJMAL AHMED,
R/AT VILLA NO.14, THE RETREAT, TARABANAHALLI,
JALA HOBLI, BANGALORE-562157
12. PRASHANT KAPUR
AGED ABOUT 51 YEARS,
S/O PREM KAPUR,
R/AT FAR END,
110, BARNET ROAD,
ARKLEY EN 53LL, UK.
13. DEEPALI KAPUR
AGED ABOUT 45 YEARS,
W/O PRASHANT KAPUR,
R/AT FAR END, 110,
BARNET ROAD,
ARKLEY EN 53LL, UK
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14. ABHRAHAM K VARUGHESE
AGED ABOUT 49 YEARS,
S/O K.A. VARUGHESE,
R/AT KANDENKULATHU,
KUTTAPUZHA P.O.,
THIRUVALLA-689103,
KERALA.
15. KANNAN SUBBARAJ
AGED ABOUT 48 YEARS,
S/O SUBBARAJ V,
R/AT NO.48, OLD NO.27,
N R LAYOUT,
OFF WIND TUNNEL ROAD,
MURUGESH PALYA,
BANGALORE-560017.
16. HEMAPRIYA KANNAN
AGED ABOUT 41 YEARS,
W/O KANNAN SUBBARAJ,
R/AT NO.48, OLD NO.27, N.R.LAYOUT,
OFF WIND TUNNEL ROAD,
MURUGESH PALYA,
BANGALORE-560017.
17. PHALAKSH SHRISHAIL
AGED ABOUT 46 YEARS,
S/O SHRISHAILAPPA CHANNABASAPPA WALISHETTY,
R/AT NO.2908, 9TH FLOOR,
2ND BLOCK,
SOBHA MAYFLOWER PARTMENT,
BELLANDUR OUTER RING ROAD,
GREEN LANE LAYOUT,
BENGALURU-560103
18. MEENAKSH C HANDI
AGED ABOUT 41 YEARS,
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W/O PHALAKSH SHRISHAIL,
R/AT NO. 2908, 9TH FLOOR, 2ND BLOCK,
SOBHA MAYFLOWER PARTMENT BELLANDUR OUTER
RING ROAD, GREEN LANE LAYOUT,
BENGALURU-56103.
19. RAJESH VERMA
AGED ABOUT 53 YEARS,
S/O L.R. VERMA,
R/AT FD 23, HAL SENIOR OFFICERS
ENCLAVE OLD MADRAS ROAD,
BANGALORE-560093.
20. TOVINAKERE DWARAKANATH VIVEK
AGED ABOUT 47 YEARS,
S/O T.R. DWARAKANATH,
R/AT F4-001,
SNN RAJ GREENBAY APTS,
IST MAIN, EAST LANE, ELECTRONICS CITY PHASE 2,
BENGALURU-560100.
21. AMOL AGARWAL
AGED ABOUT 39 YEARS,
S/O A P AGARWAL,
R/AT APT 3023, CASA SERENITA,
SOBHA CITY,
THANISANDRA MAIN ROAD,
R K HEGDE NAGAR,
BANGALORE-560077.
22. SHIVANGI AGRAWAL
AGED ABOUT 36 YEARS,
W/O AMOL AGARWAL,
R/AT APT 3023, CASA SERENITA, SOBHA CITY,
THANISANDRA MAIN ROAD,
R K HEGDE NAGAR,
BANGALORE-560077.
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23. T.C. GEORGE
AGED ABOUT 53 YEARS,
S/O LATE THOMAS K GEROGE,
R/AT CHERUTHITTA GARDEN SIXER LANE, OLD
GUEST HOUSE ROAD, THIRUVANKULAM-682305,
KOCHI, KERALA.
24. SUMITHA BENJAMIN
AGED ABOUT 47 YEARS,
W/O T.C. GEROGE,
R/AT CHERUTHITTA GARDEN SIXER LANE,
OLD GUEST HOUSE ROAD,
THIRUVANKULAM-682305,
KOCHI, KERALA.
25. HARISH RAWAT
AGED ABOUT 56 YEARS,
S/O SHRI.M.S. RAWAT,
R/AT B-19,
ALLAHABAD BANK APARTMENTS,
MAYUR VIHAR, EAST DELHI,
DELHI-110096
26. MEENA RAWAT
AGED ABOUT 56 YEARS,
W/O SHRI. HARISH RAWAT,
R/AT B-19,
ALLAHABAD BANK APARTMENTS,
MAYUR VIHAR, EAST DELHI,
DELHI-110096.
27. DHARMENDRAKUMAR HARIHAR DESAI
AGED ABOUT 44 YEARS,
S/O HARIHAR DESAI,
R/AT BRAHMIN STREET,
AT AND POST, ERU, NAVSARI-396450
DISTRICT-NAVSARI GUJARAT.
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28. RUPA DHARMENDRA DESAI,
AGED ABOUT 43 YEARS,
W/O DHARMENDRA DESAI,
R/AT BRAHMIN STREET,
AT AND POST ERU, NAVSARI-396450,
DISTRICT NAVSARI GUJARAT.
29. SANGEETA JAISWAL
AGED ABOUT 45 YEARS,
D/O RADHEY MOHAN DESAI,
R/AT 90/1, MILL ROAD,
GANDHIPURAM IST STREET ERODE,
TAMIL NADU-638003.
30. MOHAMMED NURAIN MEGOON
AGED ABOUT 40 YEARS,
S/O MEGOON MOHAMED NASEER,
R/AT MEGOON HOUSE, MAIN ROAD,
YEDTHERE, BAINDOOR-576214
DISTRICT UDUPI, KARNATAKA.
31. UMMA SARIYA
AGED ABOUT 33 YEARS,
S/O MOHAMMED NURAIN MEGOON,
R/AT MEGOON HOUSE, MAIN ROAD,
YEDTHERE, BAINDOOR-576214
DISTRICT UDUPI, KARNATAKA.
32. NITIN SHET
AGED ABOUT 39 YEARS,
R/AT 18, BLOCK-3,
JEEVAN GRIHA COLONY,
IST PHASE, J P NAGAR,
BANGALORE-560078.
...PETITIONERS
(BY SRI. REYNOLD D'SOUZA., ADVOCATE)
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AND:
1. THE STATE OF KARNATAKA
THROUGH THE SPECIAL DEPUTY COMMISSIONER,
BENGALURU URBAN DISTRICT,
BENGALURU-560009.
2. THE SPECIAL TAHSILDAR
BANGALORE NORTH TALUK,
KANDHAYA BHAVAN, K.G.ROAD,
BENGALURU-560009
3. THE KARNATAKA REAL ESTATE REGULATORY
AUTHORITY ,
THROUGH ITS CHAIRMAN,
SECOND FLOOR,
SILVER JUBILEE BLOCK, 3RD CROSS ROAD,
CSI COMPOUND, MISSION ROAD,
SAMPANGI RAMA NAGARA,
BENGALURU, KARNATAKA-560027.
4. OZONE URBANA INFRA DEVELOPERS PRIVATE
LIMITED,
A COMPANY INCORPORATED UNDER COMPANIES
ACT, 1956, HAVING ITS REGISTERED OFFICE AT
NO.38,
ULSOOR ROAD,
BENGALURU-560042
...RESPONDENTS
(BY SRI. S.H.RAGHAVENDRA., AGA FOR R1 AND R2,
SRI.K.V.GIRISH., ADVOCATE FOR R3,
SRI.VANDANA P.L., ADVOCATE FOR R4)
THIS WP IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA, 1950 PRAYING TO-DIRECT R1 AND
2 TO ENFORCE PAYMENT OF AMOUNTS DUE FROM R4 IN
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ACCORDANCE WITH THE PROCEDURE FOR RECOVERY
PROVIDED UNDER THE PROVISIONS OF KARNATAKA LAND
REVENUE ACT, 1964 AND RULES THEREUNDER, FOR
ENFORCEMENT OF THE DIRECTIONS OF R3 AT ANNEXURE-A
ISSUED U/S 40(1) OF REAL ESTATE (REGULATION AND
DEVELOPMENT) ACT, 2016 AND RULE 25 OF REAL ESTATE
(REGULATION AND DEVELOPMENT) RULES, 2017.
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
In this petition, petitioners seek for the following reliefs:
"A. Issue an appropriate writ, order or direction in the nature of writ of mandamus or any other writ, directing Respondents No. 1 Respondent No. 2 to enforce payment of amounts due from Respondent No.4 in accordance with the procedure for recovery provided under the provisions of Karnataka Land Revenue Act, 1964 and rules thereunder, for enforcement of the directions of Respondent No.3 at Annexure- A issued under Section 40(1) of Read Estate (Regulation and Development) Act, 2016 and Rule 25 of Real Estate (Regulation and Development) Rules, 2017;
B. Grant such other relief/s, as this Hon'ble Court may deem fit in the facts and circumstances of this case, in the interests of Justice and Equity."
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2. Heard learned counsel for the petitioners and learned counsel for the respondents and perused the material on record.
3. In addition to reiterating the various contentions urged in the memorandum of petition and referring to the material on record, learned Counsel for the petitioner invited my attention to the orders passed by The Karnataka Real Estate Regulatory Authority ("RERA") dated 26.12.2022 followed by Execution orders dated 19.03.2024 pursuant to which the RERA Authority has issued a Revenue Recovery Certificates (for short 'RRC') addressed to the Jurisdictional Deputy Commissioner to take further steps in this regard.
4. Learned counsel for the petitioners submit that despite the aforesaid orders passed by the RERA Authority, Execution orders and the Revenue Recovery Certificates, Jurisdictional Tahasildar is not taking steps pursuant thereto and as such, the petitioners are before this Court by way of the present petition. In support of his submission, learned counsel for the petitioners places reliance upon the judgment of Co- ordinate Bench of this Court in the case of Naveen Kumar D.T
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NC: 2024:KHC:27353 WP No. 22041 of 2023 & Others Vs The State of Karnataka & Others - WP.No.1569/2024 dated 22.01.2024 disposed of the petition and as such the present petition also deserves to be disposed of in terms of the aforesaid orders.
5. Per contra, learned counsel for the respondent No.3 submits in the event the respondent Nos.1 & 2 are directed to take necessary steps pursuant to the Revenue Recovery Certificates, directions may be issued to the respondent Nos.1 & 2 to provide an opportunity to the respondent No.3 and proceed further in accordance with law.
6. As rightly contended by the learned counsel for the petitioner, in Naveen Kumar D.T's case supra, this Court held as under:
ORDER "The petitisoners are before this Court seeking the following prayer:
"A. Issue an appropriate writ, order or direction in the nature of writ of mandamus or any other writ, directing Respondents No.1 and Respondent No.2 to enforce payment of amounts due from Respondent No.3
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NC: 2024:KHC:27353 WP No. 22041 of 2023 in accordance with the procedure for recovery provided under the provisions of Karnataka Land Revenue Act, 1964 and rules there under, for enforcement of the directions of K-RERA Revenue/9591/2022-23, dt- 13/2/2023 issued under Section 40 (1) of Real Estate (Regulation and Development) Act, 2016 and Rule 25 of Real Estate (Regulation and Development) Rules, 2017;
B. GRANT such other relief's, as this Hon'ble Court may deem fit in the facts and circumstances of this case, in the interests of justice and equity"
2. Heard the learned counsel for the petitioners Sri.Akash Bantia, and the learned HCGP Sri.Kiran Kumar, appearing for the respondents.
3. Learned counsel for the petitioners submits that the issue in the lis stands answered by the co-ordinate Bench of this Court in W.P.No.6545/2023 disposed on 30.05.2023, wherein the co-ordinate Bench has held as follows:
"The short grievance of the Petitioner is as to the longevity of the Execution Process involving implementation of the orders of Karnataka Real Estate Regulatory Authority (K-RERA). Learned counsel for the
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NC: 2024:KHC:27353 WP No. 22041 of 2023 Petitioner submits that the implementation of those orders cannot be a Five Year Plan as it has to be accomplished in accordance with the intent of Parliament in enacting the Real Estate (Regulation and Development) Act of 2016.
2. Learned AGA appearing for the Respondents opposes the Petition contending that already the process for implementation is set on initiated and that would take by its very nature some long period and that its accomplishment no assurance can be given as to within what period the same would be done. This is bit difficult to countenance. At least, as a concession to the shortness of human life the matters of this kind should be accomplished on a war footing should the property be available. If no property avails, the question of implementation would not arise.
In view of the above, this Writ Petition is allowed in part; the Respondent Nos. 1 & 2 are directed to accomplish the implementation of the subject K-RERA orders and report compliance to the Registrar General of this Court within an outer limit of three months failing
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NC: 2024:KHC:27353 WP No. 22041 of 2023 which heavy costs personably payable may be levied on an appropriate application being moved by the Petitioner.
Now, no costs."
4. The petitioners are also similarly situated home buyers, in their arm, an order passed by RERA of the kind that was considered by the co-ordinate Bench in the aforesaid writ petition (supra).
5. Learned HCGP would submit that three months time was granted therein, but would seek another month at the hands of this Court.
6. The submission is placed on record.
7. The order shall be complied with, within an outer limit of four months.
With the aforesaid observations, the writ petition stands disposed of.
7. It is an undisputed fact that the aforesaid petition was filed by the writ petitioner therein who is identical / similarly situated to the present petitioner and directions were issued to the respondents including the respondent No.4 therein who is none other than respondent No.4 in the present petition. Under these circumstances, I deem it just and appropriate to dispose of the present petition directing
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NC: 2024:KHC:27353 WP No. 22041 of 2023 respondent Nos.1 & 2 to take further steps pursuant to the Revenue Recovery Certificate at Annexure-C and proceed further in accordance with law within a period of 3 months from the date of receipt of a copy of this order. It is further directed that the respondent Nos.1 & 2 shall comply with the directions issued in the present order after providing an opportunity in this regard to the respondent No.4.
Sd/-
JUDGE KBM List No.: 1 Sl No.: 100