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2024 Supreme(Online)(Kar) 38270
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 AND:
Location: High 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.
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: NIRAJMITTALBLR@GAMIL.COM ACCOUNTS@TRISHULBLR.COM
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, 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. BHASKARB_CA@YAHOO.CO.IN …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: ABT1101@YAHOO.COM …PETITIONERS (BY SRI. AMIT ANAND., ADVOCATE)
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:
NIRAJMITTALBLR@GMAIL.COM ACCOUNTS@TRISHULBLR.COM
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:
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 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.
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.
