Karnataka High Court
Mrs Vaishali Ajay Thete vs The Principal Secretary on 11 July, 2024
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
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NC: 2024:KHC:26799
WP No. 28695 of 2023
C/W WP No. 24179 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
WRIT PETITION NO. 28695 OF 2023 (GM-RES)
C/W
WRIT PETITION NO. 24179 OF 2023 (GM-RES)
IN WP NO. 28695 OF 2023
BETWEEN:
1. SMT. POORVIKA ANOOP RAO KORDCAL
W/O ANOOP RAO KORDCAL,
AGED 36 YEARS,
2. SRI. ANOOP RAO KORDCAL
S/O NAGARAJA RAO KORDCAL,
AGED 37 YEARS,
BOTH THE PETITIONERS ARE R/AT:
NO.1818/4040A, GROUND FLOOR,
SS LAYOUT "A" BLOCK, 6TH CROSS,
DAVANAGERE - 577004
...PETITIONERS
Digitally signed (BY SRI. AMIT ANAND., ADVOCATE)
by NANDINI D
Location: High AND:
Court of
Karnataka
1. THE PRINCIPAL SECRETARY
REVENUE DEPARTMENT,
GOVERNMENT OF KARNATAKA,
ROOM NO. 505, 5TH FLOOR,
GATE-3, M.S BUILDING,
DR. B.R AMBEDKAR VEEDHI,
BENGALURU-560001.
2. THE DEPUTY COMMISSIONER
BANGALORE URBAN DISTRICT,
KANDAYA BHAVAN, KEMPEGOWDA ROAD,
BENGALURU-560009.
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WP No. 28695 of 2023
C/W WP No. 24179 of 2023
3. THE TAHSILDAR
BENGALURU NORTH ADDITIONAL TALUK OFFICE,
HOTEL SHARAVATHI BUILDING, 3RD FLOOR,
YELAHANKA NEW TOWN,
BENGALURU-560064
4. THE SPECIAL TAHSILDAR
THASILDAR OFFICER, YELAHANKA TALUK,
BENGALURU-560064.
5. KARNATAKA REAL ESTATE REGULATORY AUTHORITY
NO. 1/14, SECOND FLOOR,
SILVER JUBILEE BLOCK, BEHIND UNITY BUILDING,
C.S.I COMPOUND, 3RD CROSS, MISSION ROAD,
BENGALURU-560027.
6. M/S TRISHUL DEVELOPERS
A PARTNERSHIP FIRM REGISTERED UNDER
THE INDIA PARTNERSHIP ACT, 1932
OFFICE AT "MITTAL TOWERS",
OFFICE NO. 109, "B" WING, FIRST FLOOR,
NO.6, M G ROAD, BENGALURU-560001
REP. BY ITS PARTNER:
MR. NIRAJ MITTAL, MR. O P MITTAL,
MRS. UMA MITTAL AND MRS. JYOTHI MITTAL,
MOBILE NO. 9845030080/8660783512
E MAIL ADDRESS: [email protected]
[email protected]
7. R. NARAYANASWAMY
S/O LATE N RAMAIAH,
AGED ABOUT 77 YEARS,
8. R. BASAVARAJU
S/O LATE N RAMAIAH,
AGED ABOUT 72 YEARS,
9. R. ADINARAYANA
S/O LATE N RAMAIAH,
AGED ABOUT 67 YEARS,
10. R. NAGARAJA
S/O LATE N. RAMAIAH,
AGED ABOUT 65 YEARS,
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WP No. 28695 of 2023
C/W WP No. 24179 of 2023
RESPONDENTS 7 TO 10 (LANDOWNERS) ARE
R/AT NO.117, BASAVESHWARA NILAYA,
MUNESHWARA TEMPLE ROAD,
JAKKUR, JAKKUR POST, BENGALURU-560064
MOBILE NO. 80952 62702
EMAIL. [email protected]
...RESPONDENTS
(BY SRI. S.H.RAGHAVENDRA, AGA FOR R1 TO R4,
SRI. GOWTHAM DEV C.ULLAL, ADV. FOR R5,
R7 TO R10 SERVED AND UNREPRESENTED.
THIS WP IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA PRAYING TO ISSUE DIRECTION TO THE
R1 TO 4 TO COMPLETE THE RECOVERY PROCESS WITHIN A
PARTICULAR TIME FRAME IN PURSUANCE OF THE
COMMUNICATION BEARING NO.RERA/REVENUE/5130/2023-24,
DTD. 01.07.2023 ANNEXURE-B, ISSUED BY THE KARNATAKA REAL
ESTATE REGULATORY AUTHORITY TO THE R2, IN RESPECT OF
THE PETITIONERS.
IN WP NO. 24179 OF 2023
BETWEEN:
1. MRS. VAISHALI AJAY THETE
W/O AJAY B. THETE,
AGE 48 YEARS,
2. MR. AJAY B. THETE
S/O BALACHANDRA V. THETE,
AGE 53 YEARS,
BOTH THE PETITIONERS ARE RESIDING AT
NO. 10, G-3, SHRISHTI RESIDENCY,
60 FEET ROAD, SV LAYOUT,
RMV 2ND STAGE, SANJAY NAGAR,
BENGALURU - 560 094.
MOBILE NO. 9880877772
E-MAIL. ADDRESS: [email protected]
...PETITIONERS
(BY SRI. AMIT ANAND., ADVOCATE)
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WP No. 28695 of 2023
C/W WP No. 24179 of 2023
AND:
1. THE PRINCIPAL SECRETARY
REVENUE DEPARTMENT,
GOVERNMENT OF KARNATAKA,
ROOM NO. 505, 5TH FLOOR,
GATE-3, M S BUILDING,
DR. B.R. AMBEDKAR VEEDHI,
BENGALURU - 560 001.
2. THE DEPUTY COMMISSIONER
BANGALORE URBAN DISTRICT,
KANDAYA BHAVAN, KEMPEGOWDA ROAD,
BENGALURU - 560 009.
3. THE TAHSILDAR
BENGALURU NORTH ADDITIONAL TALUK OFFICE,
HOTEL SHARAVATHI BUILDING,
3RD FLOOR, YELAHANKA NEW TOWN,
BENGALURU - 560 064.
4. THE SPECIAL TAHSILDAR
THASILDAR OFFICER, YELAHANKA TALUK,
BENGALURU 560 064.
5. THE ASSISTANT TAHSILDAR
THASILDAR OFFICER, YELAHANKA TALUK,
BENGALURU - 560 064.
6. M/S TRISHUL DEVELOPERS,
A PARTNERSHIP FIRM REIGISTERED UNDER
THE INDIAN PARTNERSHIP ACT, 1932
OFFICE AT "MITTAL TOWERS",
OFFICE NO.109, "B" WING,
FIRST FLOOR, NO. 6, M G ROAD,
BENGALURU - 560 001
REPRESENTED BY ITS PARTNER:
MR. NIRAJ MITAL, MR. O P MITTAL,
MRS. UMA MITTAL AND MRS. JYOTHI MITTAL,
MOBILE NO. 9845030080/8660783512
E-MAIL. ADDRESS:
[email protected]
[email protected]
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NC: 2024:KHC:26799
WP No. 28695 of 2023
C/W WP No. 24179 of 2023
7. R. NARAYANASWAMY
S/O LATE N. RAMAIAH,
AGED ABOUT 77 YEARS,
8. R. BASAVARAJU
S/O LATE N. RAMAIAH,
AGED ABOUT 72 YEARS,
9. R. ADINARAYANA
S/O LATE N. RAMAIAH,
AGED ABOUT 67 YEARS,
10. R. NAGARAJA
S/O LATE N. RAMAIAH,
AGED ABOUT 65 YEARS,
11. KARNATAKA REAL ESTATE
REGULATORY AUTHORITY
NO.1/14, GROUND FLOOR,
SILVER JUBILEE BLOCK,
BEHIND UNITY BUILDING,
CSI COMPOUND, 3RD CROSS,
MISSION ROAD,
BENGALURU-560027
...RESPONDENTS
(BY SRI. S.H.RAGHAVENDRA, AGA FOR R1 TO R5,
SRI. GOWTHAM DEV C.ULLAL, ADV. FOR R11.)
THIS WP IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA PRAYING TO DIRECTION TO THE R1 TO
R5 TO COMPLETE THE RECOVERY PROCESS WITHIN A
PARTICULAR TIME FRAME IN PURSUANCE OF THE
COMMUNICATION BEARING NO. RERA/REVENUE/9926/2022-23,
DATED 20/04/2023 (ANNEXURE-B), ISSUED BY THE KARNATAKA
REAL ESTATE REGULATORY AUTHORITY TO THE R2, IN RESPECT
OF THE PETITIONERS.
THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
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WP No. 28695 of 2023
C/W WP No. 24179 of 2023
ORDER
In W.P.No.28695/2023, the petitioners seek the following reliefs:
"a. Issue an appropriate writ, order, or direction to the respondents 1 to 4 complete the recovery process within a particular timeframe in pursuance of the communication bearing No.RERA / REVENUE / 5130 / 2023-24, dated 01.07.2023 (Annexure-B), issued by the Karnataka Real Estate Regulatory Authority to the 2nd respondent, in respect of the petitioners, in the interest of justice and equity.
b. Pass such other order as this Hon'ble Court deems fit on the facts and circumstances of the case, including the award of costs, in the interest of justice and equity."
In W.P.No.24179/2023, the petitioners seek the following reliefs:
"a. Issue an appropriate writ, order, or direction to the respondents 1 to 5 to complete the recover process within a particular timeframe in pursuance of the communication bearing No. RERA/ REVENUE/9926/2022-23, dated 20.04.2023 (Annexure-'B') issued by the Karnataka Real Estate -7- NC: 2024:KHC:26799 WP No. 28695 of 2023 C/W WP No. 24179 of 2023 Regulatory Authority to the 2nd respondent, in respect of the petitioners, in the interest of justice and equity.
b. Issue an appropriate writ, order, or direction to the respondents 1 to 5 to complete the recovery process within a particular timeframe in pursuance of the communication bearing No.RERA/REVENUE/9738/ 2023-24, dated 27.07.2023 (Annexure-D), issued by the Karnataka Real Estate Regulatory Authority to the 2nd respondent in respect of the petitioners, in the interest of justice and equity. c. Pass such other order as this Hon'ble Court deems fit on the facts and circumstances of the case, including the award of costs, in the interest of justice and equity."
2. Learned counsel for the petitioners submits that despite the judgment dated 03.10.2022 vide Annexure-A passed by respondent No.2-Authority and the recovery order at Annexure-B dated 01.07.2023, respondent Nos.1,2 and 4 are not taking steps to give effect and implement the said order and as such, the petitioners are before this Court by way of present petition. -8-
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3. Per contra, learned AGA for respondent Nos.1, 2 and 4 submits that if reasonable time is granted, respondent Nos.1,2 and 4 would take steps to implement the aforesaid order at Annexures- A and B in accordance with law.
4. In view of the facts and circumstances of the case, I deem it just and proper to dispose of this petition directing respondent Nos.1,2 and 4 to take necessary steps to give effect and implement the order at Annexures- A and B dated 03.10.2022 and 01.07.2023 respectively in accordance with law and also in the light of the judgment of this Court passed in WP.No.5244/2022 dated 20.06.2024 within a period of three months from the date of receipt of a copy of this order.
Sd/-
JUDGE SSD List No.: 1 Sl No.: 37