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2019 Supreme(Kar) 816

ALOK ARADHE
Panchmal Properties – Appellant
Versus
Union of India – Respondent


Advocates Appeared:
Sanjay Krishna V., Adv., Sandesh J. Chouta, Adv., B. Balakrishna, Adv., K. Manjunatha Rao Bhonsle, Adv., Prashanth M.V., Adv.

JUDGMENT :

Alok Aradhe, J.

Mr. Sanjay Krishna V., learned counsel for the petitioner.

Mr. Sandesh J. Chouta, learned Additional Advocate General along with Mr. B. Balakrishna, learned Additional Government Advocate for respondent No. 2.

Mr. K. Manjunatha Rao Bhonsle, learned counsel for the respondent No.1.

Mr. Prashanth M.V., learned counsel for respondent No. 3.

In this petition, the petitioner inter alia seeks a writ of mandamus directing respondent No.2 to establish Real Estate Regulatory Authority and Real Estate Appellate Tribunal as provided under Section 20(1) and Section 43(1) of the Real Estate (Regulation and Development) Act, 2016 (hereinafter referred to as 'the Act' for short). The petitioner also seeks a writ of certiorari to striked down Rules 18(8) and 31(9) of the Karnataka Real Estate (Regulation and Development) Rules, 2017 as ultra vires, the Act (hereinafter referred to as 'the Rules' for short). The petitioner also seeks quashment of impugned order dated 11.05.2018 passed by the authority constituted under the Rules. In order to appreciate the petitioner's challenge few facts need mention, which are stated infra:

2. The petitioner is a promoter of mixed development

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