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2021 Supreme(Kar) 629

S.C.SHARMA, V.SRISHANANDA
Panchmal Properties – Appellant
Versus
Union of India – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Sanjay Krishna V., Adv.
For the Respondent: Laxminarayana, AGA and K. Manjunatha Rao Bhonsle, CGSC

JUDGMENT

S.C. SHARMA, J.

1. Writ appeal bearing WA. No. 3789/2019 has been filed being aggrieved by the order dated 20.8.2019 passed by the learned Single Judge in WP. No. 25211/2018 between M/s. Panchmal Properties and Union of India and Others.

2. The facts of the case in WA. No. 3789/2019 reveal that the appellant before this Court, who is a promoter of a mixed development Real Estate Project, namely "Green Gates", situated at Padavu village, Mangaluru, has filed WP. No. 25211/2018 praying for issuance of writ of mandamus directing the State of Karnataka 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 'Act of 2016'). The appellant has also made a prayer for issuance of a writ of certiorari to strike down Rule 18(8) and 31(9) of the Karnataka Real Estate (Regulation and Development) Rules, 2017, (hereinafter referred to 'Rules of 2017) as ultra vires. A prayer was also made for quashment of the order dated 11.5.2018 passed by the Interim Authority constituted under the Rules of 2017.

3. The appellant herein, who is t

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