Writ petition challenging KRERA's order vacating interim relief in a real estate dispute. Court directed KRERA to decide the pending application within six weeks, disposing of the petition with observations.
Direction to KRERA to consider and decide the pending application within six weeks.
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.
NC: 2024:KHC:12037 WP No. 5890 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND DAY OF MARCH, 2024
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 5890 OF 2024 (GM-RES)
BETWEEN:
…PETITIONERS
Digitally signed by NAGAVENI Location: HIGH COURT OF KARNATAKA
(BY SRI. PRADEEP NAYAK, ADVOCATE)
AND:
NC: 2024:KHC:12037 WP No. 5890 of 2024
REPRESENTED BY ITS DIRECTOR. PRAVIN KUMAR KABRA.
AGED ABOUT 51 YEARS, S/O INDER PITAMBER LALLA, RESIDING AT B1503, ICON NORTH, THANISANDRA MAIN ROAD, BENGALURU - 560 077.
AGED ABOUT 39 YEARS, S/O R S MAHTO, RESIDING AT E1503, ICON NORTH, THANISANDRA MAIN ROAD, BENGALURU - 560 077.
W/O RAVI KUMAR S, AGED ABOUT 33 YEARS, RESIDING AT E903, ICON NORTH, THANISANDRA MAIN ROAD BENGALURU - 560 077.
…RESPONDENTS
(BY SRI. UDAYA HOLLA, SENIOR ADVOCATE FOR SRI. ABHINAY V, ADVOCATE FOR C/R1; SMT. BHAVANA G.K, ADVOCATE FOR C/R2)
THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE IMPUGNED ORDERS DATED 27 NOVEMBER 2023 PASSED BY THE HONBLE KARNATAKA REAL ESTATE REGULATORY AUTHORITY IN CMP NOS. 00780/2023 AND 00784/2023, PRODUCED AS ANNEXURE-A AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioners are before this Court calling in question an order dated 27.11.2023 passed by the Karnataka Real Estate Regulatory Authority ('KRERA' for short).
appearing for the petitioners and the learned Senior counsel, Sri. Udaya Holla representing caveator/respondent No.1 and
Smt. Bhavana G.K., learned counsel representing
caveator/respondent No.2 and have perused the material on record.
it transpires that the interim order was passed, whereby respondent No.1 was restrained from entering into any further agreement to sell the apartment units. On 27.11.2023, the interim orders were vacated without recording any reason, in accordance with law, though the parties to the lis were heard. After which, it appears that the petitioners have preferred another application seeking an interim order before KRERA immediately thereafter.
NC: 2024:KHC:12037 WP No. 5890 of 2024
order dated 27.11.2023, which vacates the interim order granted by KRERA in favour of the petitioners.
NC: 2024:KHC:12037 WP No. 5890 of 2024
orders, bearing in mind the observations made in the course of the order.
compliance with the order.
With the aforesaid observations, the petition stands
disposed.
Sd/JUDGE
SJK List No.: 1 Sl No.: 41 CT: BHK
2 issues framed by the court
Whether the vacating of interim order by KRERA without reasons warrants judicial intervention?
Whether the pending application before KRERA should be decided within a fixed timeline?
Mr. Ashwin S.N
Mr. Ravi Kumar S
M/s G Corp Homes Pvt. Ltd.
M.R. Seetharam
Karnataka Real Estate Regulatory Authority
Esha Kalra
M. Nagaprasanna
As recorded by the court registry
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