Disposed

Ozone Urbana Infra Developers Pvt. Ltd. v. the State of Karnataka by

Karnataka HC19 Sept 2024WP/25482/2024

Case brief

AI extract

What is this about?

This writ petition challenges the legality of revenue recovery proceedings initiated without a prior notice. The court directed the petitioner to respond to a show cause notice within ten days.

What did the court decide?

Petitioner directed to treat the notice dated 11.07.2024 as show cause notice and reply within ten days; coercive actions stayed pending reply.

Ozone Urbana Infra Developers Pvt. Ltd. Vs the State of… — Money Laundering | Karnataka HC (2024)

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NC: 2024:KHC:39155 WP No. 25482 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 19^TH DAY OF SEPTEMBER, 2024

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BEFORE

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THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR WRIT PETITION NO. 25482 OF 2024 (GM-RES)

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BETWEEN:

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OZONE URBANA INFRA DEVELOPERS PVT. LTD., A COMPANY INCORPORATED UNDER THE INDIAN COMPANIES ACT, HAVING ITS MAIN OFFICE AT NO.38, ULSOOR ROAD, BANGALORE. REPRESENTED BY ITS AUTHORIZED PERSON SMT. AMEETHA P.A.

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…PETITIONER

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(BY SRI. SHYAM SUNDAR, SENIOR COUNSEL FOR DR.VANDANA P.L., ADVOCATE)

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AND:

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Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA

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THE STATE OF KARNATAKA BY THE SPECIAL THASHILDAR, BANGALORE NORTH TALUK, KANDAYA BHAVAN, GROUND FLOOR, K.G ROAD, BANGALORE – 560 009.

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THE DEPUTY THASHILDAR, CITY CIRCLE, BANGALORE NORTH TALUK, BANGALORE – 560 008.

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2 - NC: 2024:KHC:39155 WP No. 25482 of 2024

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POLICE INSPECTOR, POLICE STATION NO.181. ULSOOR POLICE STATION, ULSOOR, BANGALORE – 560 008.

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MR. H.S. GILL, AGED ABOUT 47 YEARS, SON OF LATE SRI. LT COL IS GILL, RESIDING C-116, MAPLE BLOCK, RAHEJA RESIDENCY, 3^RD BLOCK, 7^TH CROSSROAD, KORAMANGALA, BANGALORE – 560 034.

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MR. HARBAKSH KAUR GILL, AGED ABOUT 74 YEARS, WIFE OF SRI. LT COL IS GILL, RESIDING AT 41, SIGNALS VIHAR, MHOW, MADHYA PRADESH – 453 442.

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MR. JAYWANT CHANDRASHEKAR PRABHU, AGED ABOUT 62 YEARS, S/O OF CHANDRASHEKAR PRABHU, RESIDING AT A-24, AARAM SOCIETY, VAKOLA PIPELINE, SANTACRUZ, EAST MUMBAI – 400 055.

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MS. URMILA CHANDRASHEKAR PRABHU, AGED ABOUT 60 YEARS, D/O CHANDRASHEKAR PRABHU, RESIDING AT A-24, AARAM SOCIETY, VAKOLA PIPELINE, SANTACRUZ , EAST MUMBAI - 400 055.

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3 - NC: 2024:KHC:39155 WP No. 25482 of 2024

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MR. PURAVOOR UNNIKRISHNA PANICKER, AGED ABOUT 52 YEARS, SON OF K. UNNIKRISHNA PANICKER, RESIDING AT SCHIPHOLSTRAAT 90, ROTTERDAM 3045XD, THE NETHERLANDS, REPRESENTED BY HIS POWER OF ATTORNEY HOLDER MRS. S NALINI U PANICKER.

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SMT. S. MINI JOHN, AGED ABOUT 40 YEARS, W/O RATHEESH BABU SIVARAMAN NAIR, RESIDING AT VETTIKUNNEL, VELIYANNOOR PO AREEKARA, KOTTAYARN (DIST.), KERALA – 686 634.

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MR. RAKESH AGARWAL, AGED ABOUT 39 YEARS, S/O. B P AGARWAL, RESIDING AT 1C, KAILASH APARTMENT NO.1056, DAKASHIN DARI ROAD, OPP. HP GAS GOWDOWN, SHREEBHUMI, LAKETOWN, KOLKATA – 700 048.

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MR.REDDIPALLI ANILKUMAR, AGED ABOUT 40 YEARS, S/O. R. KRISHNA REDDY, RESIDING AT D.NO.4/10C, REDDYPALLI (VILLAGE), RODDAM MANDAL, SRI SATYASAI DISTRICT, ANDHA PRADESH – 515 123.

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4 - NC: 2024:KHC:39155 WP No. 25482 of 2024

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M. SHANTI REDDY,

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AGED ABOUT 36 YEARS, WIFE OF REDDIPALLI ANILKUMAR, RESIDING AT D.NO.4/10C, REDDYPALLI (VILLAGE), RODDAM MANDAL, SRI SATYASAI DISTRICT, ANDHA PRADESH – 515 123.

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MR. SUNNY SHENDE,

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AGED ABOUT 39 YEARS, SON OF ANIL KUMAR MANIRAM SHENDE, RESIDING AT B-302, AURA, OZONE URABANA, KANNAMGALA, BANGALORE – 562 110.

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MR. PAVAN KUMAR C.S., AGED ABOUT 37 YEARS, SON OF MR. SIDDEGOWDA, RESIDING AT M-1406,

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ACS MEGHANA AND SHALINI APARTMENTS, OUTER RING ROAD, BANASHANKARI 2^ND STAGE, BENGALURU – 560 070.

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MRS. PREETHIKA PRIYA, AGED ABOUT 32 YEARS, WIFE OF PAVAN KUMAR CS, RESIDING AT M-1406, ACS MEGHANA AND SHALINI APARTMENTS, OUTER RING ROAD, BANASHANKARI 2^ND STAGE, BENGALURU – 560 070.

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MR. VINAYAK VISHNUMURTHY KAMATH, AGED ABOUT 42 YEARS, SON OF K. VISHNUMURTHY B KAMATH,

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RESIDING AT FLAT 203, INDIRA RESIDENCY, HENNUR MAIN ROAD, BENGALURU – 560 043.

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MRS. PRIYA KAMATH, AGED ABOUT 37 YEARS, WIFE OF VINAYAK V KAMATH, RESIDING AT FLAT 203, INDIRA RESIDENCY, HENNUR MAIN ROAD, BENGALURU – 560 043.

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…RESPONDENTS

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(BY SMT.NAVYA SHEKHAR, AGA FOR R1 TO R3; SRI.AKASH R BANTIA, ADVOCATE FOR R4)

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THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT THE REVENUE RECOVERY OPTED AND BEING PROCEEDED BY THE R- 1 AS PER JAPTI HUKUM DATED 09.09.2024 BEARING NO. MSC/RERA/CR/08/24-25 VIDE ANNEXURE - A TO THE WRIT PETITION AGAINST THE PETITIONER IS ILLEGAL AND ETC.,

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

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CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR

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ORAL ORDER

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This Court in W.P.No.10436/2024 vide order dated 20.06.2024 directed respondent Nos.1 to 3-Revenue Authorities to recover the amount due from the petitioner herein by treating it as

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6 - NC: 2024:KHC:39155 WP No. 25482 of 2024

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arrears of land revenue after providing an opportunity of hearing to the petitioner.

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The petitioner's grievance is that without issuing notice, the respondent-Revenue Authorities are taking coercive steps to recover the amount due by treating it as arrears of land revenue.

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Therefore, it is expedient to dispose of the petition directing the petitioner to treat the notice dated 11.07.2024 at Annexure-C issued by the Special Tahsildar as show cause notice and reply to the same within ten days from today. Upon receipt of the reply, respondent No.1 to consider the same and pass appropriate order in accordance with law within a period of one week from thereafter.

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It is made clear that the petitioner shall not alienate, encumber or create any third party rights over the subject flat of the private respondents herein for a period of three months from today.

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Until consideration of the reply, respondent Nos.1 to 3 shall not take any coercive steps against the petitioner.

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Petition is disposed of accordingly.

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Sd/(HEMANT CHANDANGOUDAR) JUDGE

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RKA

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List No.: 1 Sl No.: 73

Ozone Urbana Infra Developers Pvt. Ltd. v. the State of Karnataka by

Case brief

What is this about?

What did the court decide?

Ozone Urbana Infra Developers Pvt. Ltd. v. the State of Karnataka by

Case brief

What is this about?

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