Writ petition challenging a Memorandum/Endorsement seeking RERA registration info, quashed as property is outside Planning Area; directed to fix price.
Impugned Memorandum/Endorsement dated 22.08.2023 quashed. Respondent directed to fix price within six weeks.
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NC: 2023:KHC:45462 WP No. 19931 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE M.G.S. KAMAL WRIT PETITION NO.19931 OF 2023 (GM-ST/RN)
BETWEEN:
SMT. ASHWINI M. W/O. K. MAHAVEER JAIN AGED ABOUT 42 YEARS R/AT HOUSE NO.2-177/B, 'SIRISAMPADA', VIKAS NAGAR, VALPADI VILLAGE AND POST, MOODABIDRI TALUK, D.K. DISTRICT-574 227 REP. BY HER GPA HOLDER, MAHAVEER JAIN K. S/O. LATE KUMARAYYA KAMBLI AGED ABOUT 55 YEARS.
Digitally signed by SHAKAMBARI Location: High Court of Karnataka
(BY SRI RAJASHEKAR S., ADVOCATE)
AND:
…PETITIONER
NC: 2023:KHC:45462 WP No. 19931 of 2023
KEMPEGOWDA ROAD, BENGALURU-560 009.
D.K. DISTRICT-575 001.
…RESPONDENTS
(BY SMT. RASHMI PATEL, HCGP)
THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO a) QUASH THE IMPUGNED MEMORANDUM/ENDORSEMENT DATED 22.08.2023 VIDE NO.MU/CAC/337/2022-2023 ISSUED BY THE RESPONDENT NO.2 VIDE ANNEXURE-A AND b) DIRECTING THE RESPONDENT NO.2 TO FIX THE PRICE/RATE FOR THE PROJECT VIZ., 'SIRISAMPADA', FORMED IN SY.NO.185/12 AND 13 OF VALPADI VILLAGE AND POST, MOODABIDRI TALUK, D.K. DISTRICT PUT UP BY THE PETITIONER AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner is before this Court seeking quash of the Memorandum/ Endorsement dated 22.08.2023 issued by the respondent No.2 and for a direction to the respondent No.2 to fix the price for the project, namely, 'Sirisampada' formed part in Sy.No.185/12 & 13 of Valpadi village and Post, Moodabidri Taluk, D.K.District which is put up by the petitioner.
2. Learned counsel for the petitioner reiterating
the grounds urged in the memorandum of petition submits that impugned Memorandum/ Endorsement dated 22.08.2023 issued by the respondent No.2 calling upon the petitioner to furnish the information of having been obtained registration under the RERA authority is unsustainable to the facts of the case as the subject property is not situated in the 'Planning Area' as defined under Section 2(zh) of the RERA Act. He also refers to the judgment of the Coordinate Bench of this Court passed in the case of Mrs. Lona Saritha D'Souza Vs. State of Karnataka in W.P.No.771/2021 disposed of on 05.04.2021 wherein, in an identical facts situation, the Coordinate Bench of this Court had quashed the endorsement of similar nature.
NC: 2023:KHC:45462 WP No. 19931 of 2023
Sd/JUDGE
RU, List No.: 1 Sl No.: 25
3 issues framed by the court
Whether the impugned Memorandum/Endorsement calling for RERA registration information can be quashed on the ground that the property is not in a 'Planning Area' under Section 2(zh) of the RERA Act?
Whether the respondent No.2 should be directed to fix the price of the project and consider the petitioner's requisition?
What powers can the High Court exercise under Articles 226 and 227 of the Constitution of India regarding such memoranda/utilization of RERA?
Colour shows how this judgement treated each authority
Mrs. Lona Saritha D'Souza Vs. State of KarnatakaExplained¶28
Mrs. Lona Saritha D'Souza Vs. State of Karnataka in W.P.No.771/2021
3 provisions across 2 enactments
Smt. Ashwini M. W/o. K. Mahaveer Jain
The State of Karnataka Department of Revenue
The Member Secretary and Director General of Registration and Commissioner of Stamps
The District Registrar South Canara District Office of the Deputy Commissioner Mangaluru
M.G.S. Kamal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
