A PIL petition filed for execution of a Recovery Certificate. The Court held the issue was covered by a co-ordinate bench judgment granting similar relief and disposed of the petition accordingly.
The petition stands disposed on the same terms as W.P.No.6597/2022; Respondents directed to implement the K-RERA orders within three months.
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.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
WRIT PETITION NO. 15883 OF 2023 (GM-RES)
BETWEEN:
BOTH RESIDING AT: FLAT NO.1, FIRST FLOOR, MAHALAXMI APARTMENT, GUMANPURA, KOTAKOTA DISTRICT, RAJASTHAN-324007.
…PETITIONERS
Digitally signed by PADMAVATHI B K
Location: HIGH COURT OF KARNATAKA
(BY SRI. RAJESH P.,ADVOCATE)
AND:
NC: 2023:KHC:38812 WP No. 15883 of 2023
…RESPONDENTS
(BY SRI.SHAMANTH NAIK, HCGP FOR R1 AND R2)
THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R1 AND R2 TO EXECUTE THE RECOVERY CERTIFICATE DT. 12.02.2021 BEARING NO.RERA/REVENUE/4298//20-21 ISSUED BY THE KARNATAKA REAL ESTATE REGULATORY AUTHORITY IN RESPECT OF THE PETITIONERS AT DOCUMENT-B WITHIN SUCH TIME.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Heard the learned counsel Sri. Rajesh P., appearing for the petitioners and Sri.Shamanth Naik, the learned HCGP appearing for respondent Nos.1 and 2.
"Issue an appropriate Writ, Order, or direction to the Respondent Nos.1 and 2 to execute the Recovery Certificate dated 12/02/2021 bearing No.RERA/REVENUE/4298/20-21 issued by the Karnataka Real Estate Regulatory Authority in respect of the Petitioners at ANNEXURE - B, within such time as may be fixed by this Honourable Court or pass any such other Orders and directions as this Honourable Court may deem fit and proper in facts and circumstances of the case."
“The subject matter of this Writ Petition is substantially similar to the one in W.P.No.54730/2014 (LA-RES) between ERROL JOHN NORONHA & OTHERS vs THE STATE OF KARNATAKA & ANOTHER, disposed off by this Court on 30.05.2023, wherein some reprieve has been granted to the litigants therein at paragraph no.7 and therefore, similar relief needs to be granted
NC: 2023:KHC:38812 WP No. 15883 of 2023
to the Petitioners, is the submission of their learned counsel.Though the learned AGA opposed the Writ Petition, this Court does not find any difference in fact matrix or legal matrix of both the cases.
2. The Division Bench of this Court in W.A.Nos.932-933/1974 between A.V.VINODA & ANOTHER Vs. STATE OF KARNATAKA BY ITS COMMISSIONER & SECRETARY disposed of on 11.12.1974, has held that the Court should treat the like-cases alike and if relief isgranted to a litigant it has to be extended to a similarly circumstanced litigant as well, there being no derogatory circumstances.
In view of the above, this Writ Petition is allowed;the 1st & 2nd Respondents are directed to accomplish the implementation of the subject K-RERA orders enlisted in paragraph no.8 of the Writ Petition and report compliance to the Registrar General of this Court within an outer limit of three months may be levied on appropriate application being moved by the Petitioners.
Now, no costs.”
NC: 2023:KHC:38812 WP No. 15883 of 2023
Sd/JUDGE
KG List No.: 1 Sl No.: 5
2 issues framed by the court
Whether the issue in the present writ petition is covered by the judgment in W.P.No.6597/2022
Whether relief granted in a similar case should be extended to a similarly circumstanced litigant
Colour shows how this judgement treated each authority
Co-ordinate Bench of this CourtFollowed¶30
W.P.No.6597/2022 disposed on 05.07.2023
ERROL JOHN NORONHA & OTHERS vs THE STATE OF KARNATAKA & ANOTHERFollowed¶30
W.P.No.54730/2014 (LA-RES)
A.V.VINODA & ANOTHER Vs. STATE OF KARNATAKA BY ITS COMMISSIONER & SECRETARYReferred¶35
W.A.Nos.932-933/1974
Mr. Monark Saxena
Mrs. Ruchi Sharma
The District Commissioner Bengaluru South Taluk
The Tahsildar Bengaluru South Taluk
Vijicon Properties
M. Nagapranna
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
