Karnataka High Court
Shiddalingayya Veerapurmath vs Bangalore District Commissioner on 12 June, 2024
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
-1-
NC: 2024:KHC:20834
WP No. 13029 of 2021
C/W WP No. 2584 of 2021
WP No. 14646 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
WRIT PETITION NO. 13029 OF 2021 (GM-RES)
C/W
WRIT PETITION NO. 2584 OF 2021(GM-RES)
WRIT PETITION NO. 14646 OF 2021(GM-RES)
IN WRIT PETITION NO. 13029 OF 2021:
BETWEEN:
SHIDDALINGAYYA VEERAPURMATH
R/AT NO.431 1ST FLOOR, PANCHI VIHAR
TALACAUVERY LAYOUT, AMRUTHA HALLI
VIJAYAPURA - 560 092.
...PETITIONER
(BY SRI. SHIVARAJ N ARALI., ADVOCATE)
AND:
1. BANGALORE DISTRICT COMMISSIONER
K G ROAD NEAR DISTRICT REGISTRAR OFFICE
Digitally signed by
R HEMALATHA AMBEDKAR VEEDHI
Location: HIGH SAMPANGI RAMA NAGARA
COURT OF BENGALURU, KARNATAKA - 560 009.
KARNATAKA
2. TAHSILDAR, K R PURAM
DURAVANI NAGAR
KRISHNARAJAPURA
DURVANI NAGAR
KRISHNARAJAPURA
BENGALURU - 560 036.
3. THE SECRETARY
REAL ESTATE REGULATORY
AUTHORITY KARNATAKA
2ND FLOOR SILVER JUBLI BLOCK
-2-
NC: 2024:KHC:20834
WP No. 13029 of 2021
C/W WP No. 2584 of 2021
WP No. 14646 of 2021
UNITY BUILDING, CSI COMPOUND
3RD CROSS, MISSION ROAD
BENGALURU, KARNATAKA - 560 027.
4. VASANTHI HOUSING LIMITED
A COMPANY HAVING REGISTERED OFFICE AT
VASANTHI HOUSE H NO.8-2-269/S/41
SAGAR SOCIETY, BANJARA HILLS
ROAD NO.2, HYDERABAD - 500 034.
ALSO AT
NO.85/2 D BLOCK SAHAKAR NAGAR
BENGALURU - 560 092
BY ITS CHAIRMAN AND CEO
MR PV RAVINDRA KUMAR
...RESPONDENTS
(BY SMT. NAVYA SHEKHAR, AGA FOR R1 & R2
SRI. GAUTHAMDEV C ULLAL, ADVOCATE FOR R3;
SRI. GURUDAS S KANNUR, SENIOR ADVOCATE FOR
SRI. K P M VARGHESE, ADVOCATE FOR R4)
THIS W.P IS FILED UNDER ARTICLES 226 AND 227 OF THE
CONSTITUTION OF INDIA PRAYING TO ISSUE DIRECTION TO THE
R2 TO RECOVER THE AMOUNT WITHIN NEXT THREE MONTHS,
THE AMOUNT OF RS.72,72,725/- WITH 10.25 PERCENT P.A.
INTEREST FROM 1.05.2017 AS ORDERED VIDE ANNEXURE-B
ORDER DT 31.10.2018 PASSED BY THE R3 RERA IN COMPLAINT BY
WAY OF ARREARS OF LAND REVENUE BY ATTACHING THE
PROPERTY OF THE DEFAULTER THEREIN, AS PER SECTIONS 165-
168 OF KARNATAKA LAND REVENUE ACT, 1961 FROM R4 AND
ETC.
IN WRIT PETITION NO. 2584 OF 2021:
BETWEEN:
SHIVARAJ N ARALI
NO.431, 1ST FLOOR, PANCHI VIHAR
1ST MAIN ROAD, TALACAVERY LAYOUT
AMRUTHHALLI, BENGALURU-560 092.
...PETITIONER
(BY SRI. SHIVARAJ N ARALI, ADVOCATE)
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NC: 2024:KHC:20834
WP No. 13029 of 2021
C/W WP No. 2584 of 2021
WP No. 14646 of 2021
AND:
1. BANGALORE DISTRICT COMMISSIONER
KG ROAD NEAR DISTRICT
REGISTRAR OFFICE, AMBEDKAR VEEDHI
SAMPANGI RAMA NAGARA
BENGALURU, KARNATAKA-560 009.
2. TAHSILDAR, YELHANKA
NO.15, 4TH FLOOR YELAHANKA
ABOVE SHARAVATHI HOTEL
BANGALORE-560 064.
3. THE SECRETARY
REAL ESTATE REGULATORY
AUTHORITY KARNATAKA
2ND FLOOR SILVER JUBLI BLOCK
UNITY BUILDING CSI COMPOUND
3RD CROSS MISSION ROAD
BENGALURU KARNATAKA-560 027.
4. VASATHI HOUSING LIMITED
A COMPANY HAVIN REGISTERED OFFICE AT
VASATHI HOUSE, H.NO.8-2-269/S/41
SAGAR SOCIETY, BANJARA HILLS
ROAD NO.2, HYDERABAD-500 034
ALSO AT
NO.85/2, D BLOCK, SAHAKAR NAGAR
BENGALURU-560 092
BY ITS CHAIRMAN AND CEO
MR. P V RAVINDAR KUMAR
...RESPONDENTS
(BY SMT. NAVYA SHEKHAR, AGA FOR R1 & R2
SRI. GAUTHAMDEV C ULLAL, ADVOCATE FOR R3;
SRI. GURUDAS S KANNUR, SENIOR ADVOCATE FOR
SRI. K P M VARGHESE, ADVOCATE FOR R4)
THIS W.P IS FILED UNDER ARTICLES 226 AND 227 OF THE
CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-2 TO
RECOVER WITHIN NEXT THREE MONTHS, THE AMOUNT OF
RS.71,79,231/- WITH 10.25 PERCENT P.A. INTEREST FROM
01.05.2017 AS ORDERED VIDE ANNX-B ORDER DTD 31.10.2018
PASSED BY R-3 RERA IN COMPLAINT NO.CMP/180619/0000931, BY
WAY ARREARS OF LAND REVENUE BY ATTACHING THE
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NC: 2024:KHC:20834
WP No. 13029 of 2021
C/W WP No. 2584 of 2021
WP No. 14646 of 2021
PROPERTY OF THE DEFAULTER THEREIN, AS PER SECTIONS 165
TO 168 OF KARNATAKA LAND REVENUE ACT, 1961.
IN WRIT PETITION NO. 14646 OF 2021:
BETWEEN:
SRI S CHANDRASHEKAR
S/O T R SURENDRANATH
AGED ABOUT 48 YEARS,
OCCUPATION. IT PROFESSIONAL
R/O FLAT NO. 412, DIVYA MSR GATEWAY
NO.72, MSR MAIN ROAD, GOKULA MATHIKERE
BENGALURU - 560 054.
...PETITIONER
(BY SRI. SHIVARAJ N ARALI.,ADVOCATE)
AND:
1. BANGALORE DISTRICT COMMISSIONER
KG ROAD, NEAR DISTRICT REGISTRAR OFFICE
AMBEDKAR VEEDHI
SAMPANGI RAMA NAGARA
BENGALURU, KARNATAKA - 560 009.
2. THE TAHSILDAR
K R PURAM, DURAVANI NAGAR
KRISHNARAJAPURA DURAVANI NAGAR,
KRISHNARAJAPURA, BENGALURU - 560 036.
3. THE SECRETARY
REAL ESTATE REGULATORY
AUTHORITY KARNATAKA
2ND FLOOR, SILVER JUBLI BLOCK,
UNITY BUILDING, CSI COMPOUND,
3RD CROSS, MISSION ROAD, BENGALURU
KARNATAKA - 560 027.
4. VASATHI HOUSING LIMITED
A COMPANY HAVING REGISTERED OFFICE
AT VASATHI HOUSE H.NO.8-2-269/S/41 SAGAR
SOCIETY, BANJARA HILLS, ROAD NO.2
HYDERABAD - 500 034
ALSO AT
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NC: 2024:KHC:20834
WP No. 13029 of 2021
C/W WP No. 2584 of 2021
WP No. 14646 of 2021
NO. 85/2, D BLOCK, SAHAKAR NAGAR
BENGALURU - 560 092
BY ITS CHAIRMAN AND CEO
MR. P V RAVINDRA KUMAR.
...RESPONDENTS
(BY SMT. NAVYA SHEKHAR, AGA FOR R1 & R2
SRI. GAUTHAMDEV C ULLAL, ADVOCATE FOR R3;
SRI. GURUDAS S KANNUR, SENIOR ADVOCATE FOR
SRI. K P M VARGHESE, ADVOCATE FOR R4)
THIS W.P IS FILED UNDER ARTICLES 226 AND 227 OF THE
CONSTITUTION OF INDIA PRAYING TO DIRECT THE R2 TO
RECOVER THE AMOUNT WITHIN NEXT THREE MONTHS, THE
AMOUNT OF RS.94,10,152/- WITH 10.25 PERCENT P.A INTEREST
FROM 1.05.2017 AS ORDERED VIDE ANNEXURE-B ORDER DT
09.11.2018 PASSED BY THE R3 RERA IN COMPLAIT NO.CMP /
180902/0001213, BY WAY OF ARREARS OF LAND REVENUE BY
ATTACHING THE PROPERTY OF THE DEFAULTER THEREIN, AS
PER SECTIONS 165-168 OF KARNATAKA LAND REVENUE ACT,
1961 FROM R4 AND ETC.
THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
In W.P.No.13029/2021:
The Adjudicating Officer of the Real Estate Regulatory Authority (RERA), Bangalore, Karnataka, passed an order dated 31st October 2018 in Complaint No.1806622/0000944. This order directed the 4th respondent to return the entire amount received from the complainant without any deductions, along with interest at the rate of 10.25% on the principal sum, starting from 1st May 2017 until the full amount is realized. Upon realization of the entire amount, the petitioner-complainant is required to execute a cancellation deed in favor of the respondent No.4-Developer.-6-
NC: 2024:KHC:20834 WP No. 13029 of 2021 C/W WP No. 2584 of 2021 WP No. 14646 of 2021 In W.P.No.14646/2021:
2. The Adjudicating Officer of RERA, Bangalore, Karnataka, passed an order dated 9th November 2018 in Complaint No.CMP/180902/0001213. This order directed the 4th respondent to return the full amount received from the complainant without any deductions, along with interest at the rate of 10.25% on the principal sum, starting from 1st May 2017 until the full amount is realized. Additionally, upon realization of the entire amount, the petitioner-complainant is required to execute a cancellation deed in favor of the respondent No.4-Developer.
In W.P.No.2584/2021:
3. The Adjudicating Officer of RERA, Bangalore, Karnataka, passed an order dated 31st October 2018 in Complaint No.180619/0000931. This order directed the 4th respondent to return the entire amount received from the complainant without any deductions, along with interest at the rate of 10.25% on the principal sum, starting from 1st May 2017 until the full amount is realized. Upon realization of the entire amount, the petitioner-
complainant is required to execute a cancellation deed in favor of the respondent No.4-Developer.
4. Since respondent No.4-Developer failed to pay the amount directed by RERA, the petitioners filed execution cases before RERA. In these execution proceedings, RERA directed respondent No.1 to recover the amount due to the petitioners-complainants as arrears of land revenue. However, respondent No.1, the Deputy -7- NC: 2024:KHC:20834 WP No. 13029 of 2021 C/W WP No. 2584 of 2021 WP No. 14646 of 2021 Commissioner, and respondent No.2, the Special Tahsildar, did not take effective steps to recover the amount from respondent No.4 as arrears of land revenue. This inaction prompted the petitioners to approach this Court through these petitions.
5. Sri Gurudas S. Kannur, learned Senior Counsel representing the counsel for respondent No.4, has filed memos enclosing photocopies of the demand drafts along with a calculation memo towards full and final settlement of the petitioner's claims in accordance with the RERA order.
6. The learned counsel for the petitioners submits that whether the amount paid via the demand drafts satisfies the RERA order can be considered before RERA in the execution proceedings.
7. Therefore, the petitions stand disposed of, granting liberty to respondent No.4 to approach RERA for depositing the amount due to the petitioners-complainants in compliance with the RERA order.
8. The petitioners are at liberty to file an application to invoke Rule 17 of the Karnataka Real Estate (Regulatory and Development) Rules, read with Section 18 of the Karnataka Real Estate (Regulatory and Development) Act, 2017. If such an application is filed, RERA shall pass an appropriate order in accordance with the law after hearing the parties.
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9. Respondent No.4 is directed to deposit the demand drafts with RERA within one week from the date of receipt of the certified copy of this order. Thereafter, RERA is to adjudicate the applications filed by the petitioners within 15 days from the date of filing.
10. It is needless to state that, upon realization of the amount by the petitioners-complaintants in accordance with the RERA order, they are obligated to execute a cancellation deed as directed by RERA.
All contentions are kept open.
Sd/-
JUDGE HR