Writ Petition No. 9865 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:14762 WP No. 9865 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 9865 OF 2025 (GM-RES) BETWEEN: 1. VISHAL JHUNJHUNWALA S/O. SAJJAN JHUNJHUNWALA, AGED ABOUT 55 YEARS, R/A: FLAT 101, KRISHVI TERRAZZO 253, 10TH MAIN ROAD, 1ST CROSS HAL 2ND STAGE, INDIRANAGAR BANGALORE - 560 038 2. ASHA JHUNJHUNWALA W/O. SAJJAN JHUNJHUNWALA, AGED ABOUT 72 YEARS, R/A: 12/3 ESMERALDA, BALLYGUNGE PARK ROAD, MODERN HIGH SCHOOL, BALLYGUNGE, KOLKATA, WEST BENGAL - 700 019
Legal Reasoning
(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. Digitally signed by NAGAVENI Location: High Court of Karnataka …PETITIONERS - 2 - NC: 2025:KHC:14762 WP No. 9865 of 2025 2. 3. 4. THE DEPUTY COMMISSIONER, BANGALORE URBAN DISTRICT KANDAYA BHAVAN, KEMPEGOWDA ROAD, BENGALURU - 560 009. THE TAHSILDAR, BENGALURU NORTH ADDITIONAL TALUK OFFICE, HOTEL SHARAVATHI BUILDING, 3RD FLOOR, YELAHANKA NEW TOWN, BENGALURU - 560 064. THE SPECIAL TAHSILDAR, THASILDAR OFFICER, YELAHANKA TALUK, BENGALURU-560 064. 5. KARNATAKA REAL ESTATE REGULATORY AUTHORITY (K-RERA) REPRESENTED BY ITS SECRETARY NO.1/14, 2ND FLOOR, SILVER JUBILEE BLOCK, UNITY BUILDING BACKSIDE, CSI COMPOUND, 3RD CROSS, MISSION ROAD, BENGALURU-560027 6. M/S TRISHUL DEVELOPERS A REGISTERED PARTNERSHIP FIRM OFFICE AT "MITTAL TOWERS", OFFICE NO.109, "B" WING, FIRST FLOOR, NO.6, M G ROAD, BENGALURU - 560 001 ALSO, AT MITTAL PALMS NO.32/2 SHIVANAHALLI, JAKKUR, BANGALORE - 560064 REPRESENTED BY ITS PARTNER MR. NIRAJ MITTAL, MR. O P MITTAL, MRS. UMA MITTAL AND MRS. JYOTHI MITTAL MOBILE NO: 9845030080/8660783512 - 3 - NC: 2025:KHC:14762 WP No. 9865 of 2025 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, RESPONDENT NOS.7 TO 10 (LAND OWNERS) ARE RESIDING AT NO.117 BASAVESHWARA NILAYA MUNESHWARA TEMPE ROAD, JAKUR , JAKKUR POST, BENGALURU - 560 064 MOBILE NO: 8095262702 EMAIL: [email protected] (BY SRI. MOHAMMED JAFFAR SHAH, AGA FOR R1 TO 4) …RESPONDENTS THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO-I. ISSUE AN APPROPRIATE WRIT, ORDER, OR DIRECTION TO THE RESPONDENTS 1 TO 4 TO COMPLETE THE RECOVERY PROCESS WITHIN A PARTICULAR TIMEFRAME IN PURSUANCE OF THE RECOVERY CERTIFICATE BEARING NO. RERA/REV/1359/2023-24/2692, (ANNEXURE-K) DATED 24-06-2024 ISSUED BY THE KARNATAKA REAL ESTATE REGULATORY AUTHORITY TO THE 2ND RESPONDENT, IN RESPECT OF THE 1ST PETITIONERII AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - NC: 2025:KHC:14762 WP No. 9865 of 2025 CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER Heard Sri.Amit Anand, learned counsel appearing for the petitioners and Sri. Mohammed Jaffar Shah, the learned Additional Government Advocate, appearing for respondent Nos.1 to 4. 2. The petitioners are before this Court seeking the following prayer: "i. Issue an appropriate writ, order, or direction to the respondents 1 to 4 to complete the recovery process within a particular timeframe in pursuance of the Recovery bearing Certificate (ANNEXURE-K) No.RERA/REV/1359/2023-24/2692, dated 24-06-2024 issued by the Karnataka Real Estate Regulatory Authority to the 2nd respondent, in respect of the 1st petitioner, in the interest of justice and equity. ii. Issue an appropriate writ, order, or direction to the respondents 1 to 4 to complete the recovery process within a particular timeframe in pursuance of the Recovery bearing Certificate No.RERA/REV/1361/2023-24/2694 (ANNEXURE-L) dated 24-06-2024 issued by the Karnataka Real Estate Regulatory Authority to the 2nd respondent, in respect of the 2nd petitioner, in the interest of justice and equity. - 5 - NC: 2025:KHC:14762 WP No. 9865 of 2025 iii. Issue an appropriate writ, order, or direction to the respondents 1 to 4 to complete the recovery process within a particular timeframe in pursuance of the Recovery bearing Certificate No.RERA/REV/1775/2024-25/2895 (ANNEXURE - M) dated 21-10-2024 issued by the Karnataka Real Estate Regulatory Authority to the 2nd respondent, in respect of the 1st petitioner, in the interest of justice and equity. iv. Issue an appropriate writ, order or direction to the respondents 1 to 4 to complete the recovery process within a particular timeframe in pursuance of the Recovery bearing Certificate No.RERA/REV/1788/2024-25/2893 (ANNEXURE - N), dated 21-10-2024 issued by the Karnataka Real Estate Regulatory Authority to the 2nd respondent, in respect of the 2nd petitioner, in the interest of justice and equity. v. 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." 3. The learned counsel for the petitioners would submit that the issue in the case at hand stands covered by the judgment rendered by the Co-ordinate Bench of this Court in W.P.No.4624/2025, disposed of on 17.02.2025, wherein this Court has held as follows: “Learned Additional Government Advocate takes notice for respondents No.1 to 4. Learned Counsel Sri.Gauthamdev C. Ullal, takes notice for respondent No.5. Notice to respondent No.6, is not necessary for the following reasons; - 6 - NC: 2025:KHC:14762 WP No. 9865 of 2025 The petitioners are a home buyers, who were aggrieved of the inaction on the part of respondent Nos.2to 4 in executing and implementing the orders passed by the Karnataka Real Estate Regulatory Authority (K-RERA). 2. Learned Counsel for the petitioners has drawn the attention of this Court to an order dated 17.01.2025, in W.P.No.36177/2024 wherein under similar circumstances this Court had directed the respondent therein viz., Ozone Urbana Infra Developers Private Limited, to accomplish the implementations of the subject K-RERA orders and report compliance to the Registrar General of this Court. Learned Counsel seeks for similar orders.
Decision
3. In view of the above, this writ petition is disposed of. Respondent Nos.2 to 4 are hereby directed to accomplish the implementations of the subject K-RERA orders and report compliance to the Registrar General of this Court within an outer limit of three months, failing which heavy costs personably payable may be levied on an appropriate application being moved by the petitioners.” 4. In the light of the order passed by the Co-ordinate Bench of this Court (supra) and for the reasons aforementioned, the following: ORDER (i) The Writ Petition is disposed. (ii) Respondent Nos.2 to 4 are hereby directed to accomplish the implementations of the subject K-RERA orders and report compliance - 7 - NC: 2025:KHC:14762 WP No. 9865 of 2025 to the Registrar General of this Court, within an outer limit of three months, failing which heavy costs personably payable may be levied on an appropriate application being moved by the petitioners. Sd/- (M.NAGAPRASANNA) JUDGE KG List No.: 1 Sl No.: 90