Karnataka High Court
Mamata Kumari Choudhary vs Ozone Urbana Infra Developers Pvt Ltd on 11 August, 2022
Author: Krishna S.Dixit
Bench: Krishna S.Dixit
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF AUGUST, 2022
BEFORE
THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT
WRIT PETITION NO.8561 OF 2022(GM-RES)
BETWEEN:
1. MAMATA KUMARI CHOUDHARY,
AGED ABOUT 35 YEARS,
D/OF MR.JAGANATH CHOUDHARY,
RESIDING AT NO.31, DREAMLAND,
1ST FLOOR, 1ST CROSS, OPP TO ASHWIN
VIDYALAYA, NETAJI NAGAR, MATHIKERE,
BANGALORE - 560 054.
2. ASHOK KUMAR SAHU,
AGED ABOUT 45 YEARS,
S/O MR.SARATA CHANDRA SAHU,
RESIDING AT NO.31, DREAMLAND,
1ST FLOOR, 1ST CROSS, OPP TO ASHWIN
VIDYALAYA, NETAJI NAGAR, MATHIKERE,
BANGALORE - 560 054.
...PETITIONERS
(BY SRI. VASANTH ADITHYA J, ADVOCATE)
AND:
OZONE URBANA INFRA DEVLOPERS PVT LTD.,
MR.SHANTHA KUMAR V,
REPRESENTED BY ITS AUTHORISED SIGNATORY,
INCORPORATED UNDER THE INDIAN COMPANIES
ACT, 1956,
REGISTERED OFFICE AT NO.38, ULSOOR ROAD,
BANGALORE - 560 042.
...RESPONDENT
(NOTICE TO RESPONDENT D/WITH V.C.O DATED 11.08.2022)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE
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RESPONDENT (OZONE URBANA INFRA DEVELOPERS PRIVATE
LIMITED ) TO PAY THE COMPENSATION DUE ACCRUED AS PER
THE ORDER DTD.22.10.2019 BY BEFORE THE ADJUDICATION
OFFICER RERA PRESIDED BY SRI.A. PALAKSHAPPA
ADJUDICATING OFFICER IN COMPLAINT ORDER DTD.22.10.2019
AT ANNEXURE-D FROM JANUARY 2021 AND CONTINUE TO PAY
THE COMPENSATION TILL THE DISPOSAL OF THE
EXECUTION/CONTEMPT PETITION BEFORE THE RERA COURT
AND ETC.,
THIS PETITION COMING ON FOR PRELIMINARY HEARING,
THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER
The short grievances of the petitioners is as to non- implementation of the order dated 22.10.2019 in respect of which complaint dated 22.10.2019 at Annexure-D has remained undisposed off by RERA court. Because of the innocuous prayer, notice to respondent is dispensed with.
2. The Apex Court in a catena of decisions has recognized the right to speedy justice as being part of Articles 14 & 21 of the Constitution of India. The statutory authorities like the RERA have to grant redressal to the grievances of the citizens on a war footing. This having not happened, the petitioners are justified in knocking at the doors of Writ Court.
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In the above circumstances, the petition is disposed off requesting the RERA Court to take up for consideration petitioners' subject complaint/execution/contempt petition for consideration on merits expeditiously. All contentions are kept open.
Sd/-
JUDGE cbc