This petition challenged endorsements and communications demanding Form-C under RERA. The court held the demand unsustainable as the land was not in the planning area, quashing the issued endorsements.
The impugned endorsement dated 05.10.2020 and communication dated 02.11.2020 are quashed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF APRIL, 2021
BEFORE
THE HON'BLE MR.JUSTICE P.S. DINESH KUMAR
WRIT PETITION No.771 OF 2021 (GM-RES)
BETWEEN :
MRS. LONA SARITHA D'SOUZA W/O MAXIM D'SOUZA AGED ABOUT 42 YEARS R/A NO.5-57/6 TALIPPADY VILLAGE KINNIGOLI POST MANGALURU TLAUK DK DISTRICT-574 150 …PETITIONER
(BY SHRI K. RAVISHANKAR, ADVOCATE)
AND :
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(BY SMT. RASHMI PATEL, HCGP)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUNGED ENDORSEMENT DTD.05.10.2020 ISSUED BY THE R-3 PRODUCED VIDE ANNEXURE-H TO THE W.P. AND CONSQUENTELY QUASH THE IMPUGNED ENDORSEMENT DTD. 2.11.2020 ISSUED BY THE R-5 PRODUCED VIDE ANNEXURE-J TO THE WRIT PETITION AND ETC.
THIS WRIT PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Petitioner has challenged the communication dated
02.11.2020 by the Sub-Registrar, Mulki directing the petitioner to produce Form-C under the RERA Act.
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the land in question does not fall within the 'planning area'. 4. In view of the above, the demand for Form-C under RERA Act made by the Sub-Registrar in the impugned communication, is unsustainable. Hence, the following:
ORDER
(a) The impugned endorsement dated 05.10.2020 as per Annexure - H and the communication dated 02.11.2020 as per Annexure - J are quashed.
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(b) So far as prayer clause (iii) is concerned, learned
HCGP submits that the valuation is complete and it will be gazetted as expeditiously as possible.
Petition is disposed of .
No costs.
Sd/JUDGE
SPS
2 issues framed by the court
Whether the demand for Form-C under the RERA Act directed by the Sub-Registrar is sustainable when the land does not fall within the 'planning area'.
Whether the impugned endorsement and communication regarding Form-C under RERA Act should be quashed.
3 provisions across 2 enactments
Mrs. Lona Saritha D'Souza
The State of Karnataka
The Inspector General of Registration and Commissioner of Stamps
The Member Secretary and Deputy Inspector General (Registration and Stamps)
The District Registrar Registration and Stamps
The Sub Registrar Mulkí
P.S. Dinesh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
