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2025 Supreme(Online)(Kar) 32386

KARNATAKA HIGH COURT
VIJAYANAND PAULRAJ – Appellant
Versus
THE STATE OF KARNATAKA – Respondent
WP 2822 / 2025



IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 2822 OF 2025 (GM-RES)

BETWEEN:

1. VIJAYANAND PAULRAJ AGED ABOUT 47 YEARS

2. MANIMALA GANESAN AGED ABOUT 47 YEARS BOTH ARE R/O NO.10B FATIMA NAGAR ABHI KALAM, MADURAI TAMIL NADU – 625 014.

…PETITIONERS (BY SRI REYNOLD D’SOUZA, ADVOCATE)

AND:

Digitally signed 1. THE STATE OF KARNATAKA by NAGAVENI THROUGH THE DEPUTY COMMISSIONER Location: High BENGALURU URBAN DISTRICT Court of Karnataka BENGALURU – 560 009..

2. THE SPECIALTAHASILDAR BANGALORE NORTH TALUK KANDHAYA BHAVAN K.G.ROAD, BENGALURU - 560 009.

3. DEPUTY COMMISSIONER BANGALORE RURAL DISTRICT DISTRICT OFFICE COMPLEX BEERASANDRA VILLAGE DEVENAHALLI TALUK – 562 110.

4. TAHASILDAR DEVANHALLI BANGALORE RURAL TALUK PANCHAYAT OFFICE, DEVANHALLI DEVANHALLI TALUK, BENGALURU – 562 110.

5. KARNATAKA REAL ESTATE REGULATROY AUTHORITY THROUGH ITS CHAIRMAN

2ND FLOOR, SILVER JUBLI BLOCK UNITY BUILDING, CSI COMPOUND

3RD CROSS, MISSION ROAD BENGALURU, KARNATAKA – 560 027.

6. OZONE ELEGANT DEVELOPERS LLP A COMPANY INCORPORATED UNDER COMPANIES ACT, 1956 THROUGH ITS AUTHORIZED REPRESENTATIVE MANAGING DIRECTOR HAVING ITS REGISTERED OFFICE AT NO.51/7-1, RATHNA AVENUE OFF. RICHMOND ROAD, CIVIL STATION BENGALURU – 560 001.

7. ELEGANT PROPERTIES A COMPANY INCORPORATED UNDER COMPANIES ACT, 1956 THROUGH ITS AUTHORISED REPRESENTATIVE MANAGING DIRECTOR HAVING ITS REGISTERED OFFICE AT NO.1, ELEGANT DESIRE COLES ROAD, FRAZER TOWN BENGALURU – 560 001.

8. GEARS AND PINIONS PRIVATE LIMITED A COMPANY INCORPORATED UNDER COMPANIES ACT, 1956 THROUGH ITS AUTHORISED REPRESENTATIVE MANAGING DIRECTOR HAVING ITS REGISTERED OFFICE AT NO.211, 2ND MAIN, DEFENCE COLONY INDIRANAGAR, BENGALURU – 560 038. 9. OZONE URBAN INFRA DEVELOPERS PRIVATE LIMITED A COMPANY INCORPORATED UNDER COMPANIES ACT, 1956 THROUGH ITS AUTHORISED REPRESENTATIVE MANAGING DIRECTOR HAVING ITS REGISTERED OFFICE AT NO.38 ULSOOR ROAD, BENGALURU – 560 042.

10. PRINCIPAL SECRETARY TO GOVERNMENT REVENUE DEPARTMENT

3RD GATE, 5TH FLOOR, M.S.BUILDING DR. AMBEDKAR VEEDI BENGALURU – 560 001.

…RESPONDENTS (BY SRI MOHAMMED JAFFAR SHAH, AGA FOR R1 TO R4 AND R10)

THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT R-1, 2, 3 AND 4 TO ENFORCE PAYMENT OF AMOUNTS DUE FROM R-6 BY IMPLEMENTING THE SAID ORDERS ISSUED BY R-5 IN ACCORDANCE WITH THE PROCEDURE FOR RECOVERY PROVIDED UNDER THE PROVISIONS OF KARNATAKA LAND REVENUE ACT, 1964 AND RULES THEREUNDER READ ALONG WITH REAL ESTATE REGULATORY AUTHORITY ACT, 2016 AND RULES THEREUNDER, FOR ENFORCEMENT AND IMPLEMENTATION OF THE DIRECTIONS OF R-5 K RERA UNDER ANNX-C DTD. 21.11.2024 WHICH IS REVENUE RECOVERY CERTIFICATE, EXECUTION ORDERS IN ANNX-B SERIES AND COMPLY WITH THE K-RERA FINAL ORDER / JUDGEMENT AT ANNX-A SERIES WHICH IS K-RERA JUDGEMENTS IN COMPLAINT NO. 00930/2023 DTD. 23.07.2023.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA

ORAL ORDER

The petitioners are before this Court seeking the following prayer:

"A. Issue an appropriate writ, order or direction in the nature of writ of mandamus or any other writ, directing Respondents No.1, 2, 3 and 4 to enforce payment of amounts due from Respondent No.6 by implementing the said orders issued by respondent no.5 in accordance with the procedure for recovery provided under the provisions of Karnataka Land Revenue Act, 1964 and rules thereunder read along with Real Estate Authority Act, 2016 and Rules thereunder, for enforcement and implementation of the directions of Respondent no.5 K – RERA under ANNEXURE – c dated 21/11/2024 which is revenue recovery certificate, Execution Orders in Annexure B and comply with the K- RERA Final order / Judgment at ANNEXURE – A which is K-RERA Judgements in COMPLIANT NO:00930/2023 dated 23/07/2023.

B. GRANT/Pass/Issue such other and further orders / directions / relief as this Hon’ble Court deems

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