Karnataka High Court
M/S. Allam Infinite India Pvt. Ltd vs The Secretary on 25 January, 2025
Author: R Devdas
Bench: R Devdas
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NC: 2025:KHC:3410
WP No. 2017 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 25TH DAY OF JANUARY, 2025
BEFORE
THE HON'BLE MR JUSTICE R DEVDAS
WRIT PETITION NO. 2017 OF 2025 (GM-RES)
BETWEEN:
M/S. ALLAM INFINITE INDIA PVT. LTD.,
A COMPANY INCORPORATED UNDER THE PROVISIONS OF
COMPANIES ACT,
HAVING ITS REGISTERED OFFICE AT
NO. 44/1, AZEEM PEARL, DICKENSON ROAD, YELLAPPA
CHETTY LAYOUT, BANGALORE - 560 042.
REPRESENTED BY ITS AUTHORIZED SIGNATORY, SRI.
DUGGI VENKATA SRINIVAS RAO,
DOING BUSINESS AT NO.6, GM PEARL,
1ST STAGE, 1ST PHASE, BTM LAYOUT,
BANGALORE - 560 068.
...PETITIONER
Digitally signed by (BY SRI. VIVEK SUBBA REDDY, SENIOR COUNSEL FOR
DHARMALINGAM SRI. CHANDPASHA, ADVOCATE)
Location: HIGH
COURT OF
KARNATAKA AND:
1. THE SECRETARY,
THE REAL ESTATE REGULATORY AUTHORITY,
KARNATAKA,
HAVING ITS OFFICE AT 2ND FLOOR,
SILVER JUBILEE BLOCK, UNITY BUILDING,
CSI COMPOUND, 3RD CROSS,
MISSION ROAD, BANGALORE - 560 027.
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NC: 2025:KHC:3410
WP No. 2017 of 2025
2. THE DEPUTY COMMISSIONER,
BANGALORE DISTRICT,
BANGALORE - 560 009.
3. THE SPECIAL TAHSILDAR,
ANEKAL TALUK, KANDAYA BHAVAN,
1ST FLOOR, K.G. ROAD,
BANGALORE - 560 009.
4. THE DEPUTY TAHSILDAR,
NAADA KACHERI, JIGANI HOBLI,
ANEKAL TALUK, BANGALORE - 562 106.
5. MR. DIGVIJAY BARAPATRE
S/O MR. VILAS BARAPATRE
AGED ABOUT 34 YEARS,
6. MRS. POOJITHA KR
W/O DIGVIJAY BARAPATRE
AGED ABOUT 30 YEARS,
BOTH RESIDING AT NO. 201,
SWAMI SAMARTHA SAHANIWAS 1,
BESA PIPLA ROAD, NAGPUR - 440 034.
...RESPONDENTS
(BY SRI. MOHAMMED JAFFAR SHAH, AGA FOR R1 TO R4)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO A) QUASH THE
ORDER BEARING NO. M.S.C. (RERA) CR.76/23.24 DATED
17/08/2024 PASSED BY THE 3RD RESPONDENT SPECIAL
TAHSILDAR, ANEKAL TALUK, BANGALORE VIDE ANNX-A AND
ETC.,
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NC: 2025:KHC:3410
WP No. 2017 of 2025
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE R DEVDAS
ORAL ORDER
Learned Additional Government Advocate is directed to take notice for respondent Nos.1 to 4. Notice to respondent Nos.5 and 6 are not necessary for the following reasons.
2. Learned Senior Counsel Sri. Vivek Subba Reddy, appearing for the petitioner submits that the Real Estate Regulatory Authority has passed the impugned order at Annexure-B without notice to the petitioner. The Authority has directed the petitioner herein to pay a sum of Rs.27,62,599/- along with interest. Pursuant to the order, the respondent- Thasildar has issued a notice at Annexure-A dated 17.08.2024, calling upon the petitioner to pay the said amount within a period of ten days.
3. However, learned Additional Government Advocate submits that there is an appeal provision in terms of Sub Section 5 of Section 43 of the Real Estate (Regulation and Development) Act, 2016, to prefer an appeal before the -4- NC: 2025:KHC:3410 WP No. 2017 of 2025 Appellate Tribunal, if the petitioner is aggrieved of any such order passed by the authority.
4. The writ petition is accordingly disposed of while reserving liberty to the petitioner to approach the Appellate Tribunal. However, the respondent-Thasildar is hereby directed not to precipitate the matter for a period of three weeks to enable the petitioner to approach the Appellate Tribunal.
In view of the disposal of the main matter, I.A.No.1/2025 does not survive for consideration and the same stands disposed of.
Sd/-
(R DEVDAS) JUDGE rv List No.: 1 Sl No.: 11 CT: BHK