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:35298
WP No. 21711 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. 21711 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 REPRESENTED BY ITS SECRETARY,
COURT 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:35298
WP No. 21711 of 2023
3. SMT. K VIJAYALAKSHMI
W/O SRI. K SWAMINATHAN
AGED ABOUT 65 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 TOA)
QUASHING THE IMPUGNED ORDER DATED 12/09/2023 IN
COMPLAINT NO. 13072/2023 PASSED BY THE KARNATAKA
REAL ESTATE REGULATORY AUTHORITY, BANGALORE I.E. R2
HEREIN, VIDE ANNEXURE-A. AND B) DIRECTING THE
KARNATAKA REAL ESTATE REGULATORY AUTHORITY, I.E. R2
HEREIN TO CONSIDER THE PASS APPROPRIATE ORDERS ON
AN INTERLOCUTORY APPLICATION FILED BY THE PETITIONER
UNDER SEC. 35(2)(iii)(iv) OF REAL ESTATE REGULATION AND
DEVELOPMENT ACT, 2016, VIDE ANNEXURE -X.
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 -3- NC: 2023:KHC:35298 WP No. 21711 of 2023 will be taken up for consideration at the hands of the K- RERA.
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.: 4