Disposed

Mr R Ramesh v. State of Karnataka

Karnataka HC20 Jun 2024WP/5244/2022

Case brief

AI extract

What is this about?

Petitioner sought mandamus to implement a RERA order and revenue recovery certificate against a real estate developer. Following its earlier decision in Samir Kumar Biswas, the court disposed of the petition directing respondents 1 to 3 to proceed on the certificate within three months after hearing the developer.

What did the court decide?

Respondents 1-3 directed to proceed pursuant to Revenue Recovery Certificate dated 29.11.2018 within three months after hearing M/s Sanchaya Land and Estate Pvt Ltd.

Mr R Ramesh Vs State of Karnataka — Execution and Attachment | Karnataka HC (2024)

¶1

1 - NC: 2024:KHC:22311 WP No. 5244 of 2022

¶2

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20^TH DAY OF JUNE, 2024 BEFORE

¶3

THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 5244 OF 2022 (GM-RES)

¶4

BETWEEN:

¶5

MR R RAMESH S/O LATE P V RANGANATHAN AGED ABOUT 64 YEARS R/O NO 7 KRISHNA MANTRA DWARAKAPURI NAGAR, MAHADANA STREET THIRUVIDAIMRUDUR, KUMBAKONAM THANJAVUR DISTRICT TAMILNADU – 612 104.

¶6

…PETITIONER

¶7

(BY SRI. VENUGOPAL M S, ADVOCATE)

¶8

AND:

¶9

Digitally signed by Vandana S Location: HIGH COURT OF KARNATAKA

¶10

STATE OF KARNATAKA DEPARTMENT OF REVENUE REPRESENTED BY ITS PRINCIPAL SECRETARY VIKASASOUDHA BENGALURU – 560 001.

¶11

THE DEPUTY COMMISSINOER BENGALURU CITY DISTRICT KHANDAYA BAHVAN

¶12

K G ROAD, BENGALURU - 56009.

¶13

THE THASILDAR ANEKAL TALUK VINAYAKA NAGAR

¶14

¶15

NC: 2024:KHC:22311 WP No. 5244 of 2022

¶16

ANEKAL – 562 106.

¶17

THE REAL ESTATE REGULATORY AUTHORITY KARNATAKA NO 1/14, 2^ND FLOOR SILVER JUBLIEE BLOCK UNITY BUILDING, CSI COMPOUND 3^RD CROSS, MISSION ROAD BENGALURU – 560 027. REPRESENTED BY ITS SECRETARY

¶18

M/S SANCHAYA LAND AND ESTATE PVT LTD THE GREEN PHASE II NEAR R T NAGAR BUS DEPOT BENGALURU – 560 032. (DELETED VIDE ORDER DATED 14/07/2023)

¶19

…RESPONDENTS

¶20

(BY SRI. RAGHAVENDRA S H, AGA FOR R1 TO R3;

¶21

R4 IS SERVED;

¶22

R5 IS DELETED V/O DT.14/7/2023)

¶23

THIS WP FILED UNDER ARTICLE 226 AND 227 OF CONSTTIUION OF INDIA PRAYING TO DIRECT THE R2 TO IMPLEMENT THE ORDER DATED 08.08.2018 PASSED BY THE R4 IN CMP/180503/0000802 VIDE ANNEXURE-A BY CONSDERING THE REPRESENTATIONS DATED 14.10.2019, 08.11.2019, 11.12.2019, 14.07.2020, 17.08.2020, 16.09.2020, 03.10.2020, 03.12.2020, 22.02.2021, 01.03.2021, 27.04.2021, 18.08.2021, 20.09.2021, 30.10.2021 AND 09.12.2021 VIDE ANNEXURE-M AND ETC.,

¶24

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

¶25

¶26

NC: 2024:KHC:22311 WP No. 5244 of 2022

¶27

ORDER

¶28

In this petition, petitioner seeks the following reliefs:

¶29

“A) Issue a writ of Mandamus directing the Respondent No.2 to implement the order dated 08.08.2018 passed by the 4^th Respondent vide Annexure-A by considering the representations dated 14.10.2019, 08.11.2019, 11.12.2019, 14.07.2020, 17.08.2020, 16.09.2020, 03.10.2020, 03.12.2020, 22.02.2021, 01.03.2021, 27.04.2021, 18.08.2021, 20.09.2021, 30.10.2021 and 09.12.2021 vide ANNEXURE-M, M1, M2, M3, M4, M5, M6, M7, M8, M9. M10, M11, M12, M13 AND M14 and recover the amount in terms of the award including the up to date interest as per the award;

¶30

B) Issue a writ of Mandamus directing the Respondent No.3 to implement the order dated 08.08.2018 passed by the 4^th Respondent vide Annexure-A by considering the representations dated 06.04.2021, 13.04.2021, 01.06.2021, 09.07.2021, 16.08.2021, 14.09.2021, 29.10.2021 and 09.12.2021 vide ANNEXURE- l, L1, L2, L3, L4, L5, L6 & L7.”

¶31

Heard learned Senior counsel for the petitioner and learned AGA for respondents and perused the material on record.

¶32

In addition to reiterating the various contentions urged in the memorandum of petition and referring to the material on record, learned Senior Counsel for the petitioner submits that under

¶33

¶34

NC: 2024:KHC:22311 WP No. 5244 of 2022

¶35

identical circumstances, in the case of Samir Kumar Biswas Vs Deputy Commissioner in WP.No.23585/2021 dated 06.07.2023, this Court passed the following order:

¶36

“The short grievance of the petitioner is as to long pendency of implementation of KRERA order at the hands of the first respondent-Deputy Commissioner. Learned counsel for the petitioner submits that in a catena of decisions, this Court has prescribed a period of three months for the implementation of orders of the kind; however, the order remains unimplemented indefinitely and therefore Respondent Nos. 1 & 2 be directed to implement the same in a time bound way.

¶37

2. Learned AGA appearing for the respondents oppose the petition contending that Deputy Commissioners of District happen to be ex officio officers under 13 State legislations and 6 Central legislations. They shoulder enormous workload and therefore, request for prescribing timeline is not desirable. So contending he seeks dismissal of writ petition.

¶38

3. Having heard the learned counsel for the parties and having perused the petition papers, this Court is inclined to accord with the submission of learned counsel appearing for the petitioner keeping in view the object of Real Estate (Regulation and Development) Act, 2016. In similar matters this court has ordinarily prescribed three months for implementation of the orders of the kind and there are no special circumstances that

¶39

5 - NC: 2024:KHC:22311 WP No. 5244 of 2022

¶40

would place this case in a class apart.

¶41

In view of the above, this writ petition is allowed. Respondent Nos. 1 & 2 are directed to implement order dated 08.01.2019 passed by Karnataka Real Estate Regulatory Authority within an outer limit of three months and report compliance to the Registrar General of this Court, failing which, on a memo being moved, the incumbents of the office of the said respondents may be saddled with heavy costs personally payable.

¶42

It is open to the answering Respondents to solicit any information/documents from the side of the Petitioner for due implementation of the subject order; however, in the guise of such solicitation, no delay shall be brooked.”

¶43

As can be seen from the aforesaid order, this Court directed the respondent Nos.1 to 4 herein to take steps pursuant to the Revenue Recovery Certificate issued by the respondent No.4 - RERA Authorities and consequently the present petition also deserves to be disposed of in terms of the aforesaid order.

¶44

In the result, I pass the following:

¶45

ORDER

¶46

(i) Petition is hereby disposed of in terms of the judgment of this Court in the case of Samir Kumar Biswas supra.

¶47

¶48

NC: 2024:KHC:22311 WP No. 5244 of 2022

¶49

(ii) The respondent Nos.1 to 3 – Authority are directed

¶50

to proceed further pursuant to the Revenue Recovery Certificate dated 29.11.2018 at Annexure – C, in accordance with law within a period of 3 months from the date of receipt of a copy of this order after notifying and hearing M/s. Sanchaya Land And Estate Pvt. Ltd., The Green Phase II, Near R T Nagar Bus Depot, Bengaluru-560 032 and then proceed further in accordance with law.

¶51

Sd/JUDGE

¶52

DHA List No.: 1 Sl No.: 19

Mr R Ramesh v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Mr R Ramesh v. State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Star Health and Allied Vs State of Karnataka by

Smt. Kokila Vs Canara Bank

Shri Umesh Kondajji Vs the State of Karnataka

M/S Fab Pharmaceuticals Pvt. Ltd. Vs Karnataka State Medical Supplies Corporation

Sri Vijaya Kumar S L Vs the State of Karnataka

Mr Manjunath R Vs M/S Cholamandalam Investment and Finance Co. Ltd.