IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30^TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.29574 OF 2025 (GM-RES)

BETWEEN:

MR. MANNUR GANDHI, S/O LATE M V SUBBA REDDY, AGED ABOUT 80 YEARS, R/AT NO.S-11, F G BLOCK, 10/8, KASTURIBA ROAD, BANGALORE - 560 010.

…PETITIONER (BY SRI. SANDEEP LAHIRI, ADVOCATE AND SMT. DEEPIKA JOSHI, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA REPRESENTED BY THE SECRETARY HOUSING Digitally signed DEPARTMENT, ROOM NO.211, by SHWETHA

2ND FLOOR, VIKAS SOUDHA, RAGHAVEN DRA Location: HIGH BANGALORE - 560001.

COURT OF KARNATAKA

2. THE KARNATAKA REAL ESTATE REGULATORY AUTHORITY, REPRESENTED BY ITS SECRETARY, 2^ND FLOOR, SILVER JUBILEE BLOCK, UNITY BUILDING CSI COMPOUND, 3^RD CROSS, MISSION ROAD, BANGALORE - 560027.

3. THE DEPUTY COMMISSIONER, BANGALORE URBAN DISTRICT, K G ROAD, BANGALORE - 560 009.

4. OZONE URBANA INFRA DEVELOPERS PVT. LTD.

A PUBLIC LIMITED COMPANY INCORPORATED UNDER THE COMPANIES ACT, 2013, NO.38, ULSOOR ROAD, BANGALORE - 560042.

REPRESENTED BY MANAGING DIRECTOR.

5. M/S. ECO GLOBAL BUILDERS AND DEVELOPERS A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 2013, NO.1, PIONEER HOUSE HOLLYWOOD TOWN, SADAHALLI POST, DEVANAHALLI TALUK, BANGALORE - 562110.

REPRESENTED BY MANAGING DIRECTOR.

…RESPONDENTS (BY SRI. SMT. SARITHA KULKARNI, AGA FOR R1 AND R3;

SRI. GOWTHAM DEV C ULLAL, ADVOCATE FOR R2;

SMT. VANDANA P.L., ADVOCATE FOR R4)

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUANCE OF WRIT, ORDER OR DIRECTION IN THE NATURE OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT DIRECTING THE RESPONDENT NO.3 TO EXECUTE THE ORDER DATED 06.08.2024 PASSED BY THE RESPONDENT NO.2 IN CMP/01367/2023 IN ACCORDANCE WITH THE DIRECTION OF THE RESPONDENT NO.2 DATED 05.11.2024 BEARING REFERENCE NO. RERA/KANDAYA/01367/2024/25/2924 (ANNEXURE A) AND ETC.

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

CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ

ORAL ORDER

1. Learned AGA accepts notice for respondent Nos.1 and 3.

2. Sri Gautamdev C Ullal, learned counsel is directed to accept notice for respondent No.2. Notice to respondent Nos. 4 and 5 is dispensed with in view of the fact that they would not have any say in the matter of implementation of order passed under sub- section (1) of Section 40 of the Real Estate (Regulation and Development) Act, 2016 ('RERA' for short).

3. Petitioner is before this Court seeking for the following reliefs;

"i. Issuance of writ, order or direction in the nature of mandamus or any other appropriate writ directing the Respondent No.3 to execute the order dated 06.08.2024 passed by the Respondent No.2 in CMP/01367/2023 in accordance with the direction of the respondent no.2 dated 05.11.2024 bearing reference no. RERA/Kandaya/01367/2024/25/2924 (Annexure-

A);

ii. Issuance of writ, order or direction in the nature of mandamus or any other appropriate writ directing the Respondent No.3 to execute the order dated 06.08.2024 passed by the Respondent No.2 in CMP/01368/2023 in accordance with the direction of the respondent no.2 dated 05.11.2024 bearing reference no. RERA/Kandaya/01367/2024/25/2925 (Annexure - B);

iii. Issuance of writ, order or direction in the nature of mandamus or any other appropriate writ directing the Respondent No.3 to execute the order dated 06.08.2024 passed by the Respondent No.2 in CMP/01369/2023 in accordance with the direction of the Respondent No.2 dated 05.11.2024 bearing reference no. RERA/Kandaya/01367/2024/25/2926 (Annexure-

C);

iv. Issuance of writ, order or direction in the nature of mandamus or any other appropriate writ directing the Respondent No.4 and 5 to comply the orders dated 06.08.2024 passed by the Hon'ble Authority RERA in CMP/01367/2023, CMP/01368/2023 and CMP/01369/2023 (Annexure - G, H And J);

v. Issue such other order, writ, direction that this Hon'ble Court deems fit under the facts and circumstances of the case, in the interest of justice and equity."

4. The short gri