Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:2028 WP No. 523 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 523 OF 2025 (GM-RES) BETWEEN:
1. PRASANJEET GHOSH AGED ABOUT 30 YEARS, SON OF AJAY KUMAR GHOSH, RESIDING AT MANGALAM ECSTASY, TOWER-2, FLAT 904, HANS SATSANG ASHRAM ROAD, BANGALORE - 560 049. 2. PRAVIN PANDEY, AGED ABOUT 43, SON OF LATE SHRI JWALA PRASAD PANDEY, RESIDING AT 281, SUMMERHILL DR MORRIS PLAINS, NEW JERSEY - 07950. 3. CHHAYA PANDEY, AGED ABOUT 42 YEARS, WIFE OF PRAVIN PANDEY, RESIDING AT 281, SUMMERHILL DR MORRIS PLAINS, NEW JERSEY - 07950. 4. AJITKUMAR NAIR, AGED ABOUT 52 YEARS, S/O OF K BALAKRISHNAN, RESIDING AT KUNDOOLI HOUSE, DWARAKA PANNIYOOR,
Digitally signed by DHARMALINGAM Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:2028 WP No. 523 of 2025
ANNAKKARA, PALGHAT - 679 551. 5. NEESHA AJIT NAIR AGED ABOUT 51 YEARS, W/O AJIT NAIR, RESIDING AT KUNDOOLI HOUSE, DWARAKA PANNIYOOR, ANNAKKARA, PALGHAT - 679 551. 6. DHARMENDRAN PALANI SWAMY, AGED ABOUT 47 YEARS, SON OF PALANI SWAMY, RESIDING AT FLAT NO. AQ203, WHITE MIST, BRIGADE OMEGA, 1ST BLOCK, BSK 6TH STAGE, BANGALORE - 560 062. 7. NAGRATNA DHARMENDRAN, AGED ABOUT 44 YEARS, WIFE OF DHARMENDRAN PALANI SWAMY, RESIDING AT FLAT NO. AQ203, WHITE MIST, BRIGADE OMEGA, 1ST BLOCK, BSK 6TH STAGE, BANGALORE - 560 062. 8. SHAHEENA SAUDAGAR, AGED ABOUT 42 YEARS, WIFE OF SYED MOINUDDIN, RESIDING AT HIG 94, 2ND CROSS, 2ND MAIN ROAD, KUVEMPUNAGAR, BELLARY - 583 102. 9. SYED MOINUDDIN, AGED ABOUT 47 YEARS,
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NC: 2025:KHC:2028 WP No. 523 of 2025
SON OF SYED MOHAMMED GHOSE, RESIDING AT HIG 94, 2ND CROSS, 2ND MAIN ROAD, KUVEMPUNAGAR, BELLARY - 583 102. 10. MOHAMED WAJID BASHA AGED ABOUT 41 YEARS, SON OF MOHAMED SHAJAN BASHA, RESIDING AT NO. 37, FATHIMA NAGAR, VALASARAVAKKAM, CHENNAI - 87. 11. AMREEN SULTANA, AGED ABOUT 36 YEARS, WIFE OF MR. MOHAMED BASHA, RESIDING AT NO. 37, FATHIMA NAGAR, VALASARAVAKKAM, CHENNAI - 87. …PETITIONERS (BY SRI. AKASH R. BANITA, ADVOCATE) AND:
1. THE STATE OF KARNATAKA, THROUGH THE DEPUTY COMMISSIONER, BENGALURU URBAN DISTRICT, BENGALURU - 560 009. 2. THE SPECIAL TAHSILDAR, BANGALORE NORTH TALUK, KANDHAYA BHAVAN, KG ROAD, BENGALURU - 560 009. 3. THE TAHSILDAR, DEVANAHALLI, BANGALORE RURAL, TALUK PANCHAYATH OFFICE DEVANHALLI, DEVANAHALLI TALUK, BANGALORE - 562 110.
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NC: 2025:KHC:2028 WP No. 523 of 2025
4. OZONE URBANA INFRA DEVELOPERS PRIVATE LIMITED, A COMPANY INCORPORATED UNDER COMPANIES ACT, 1956, HAVING ITS REGISTERED OFFICE AT NO. 38, ULSOOR ROAD, BENGALURU - 560 042. REPRESENTED BY ITS MANAGING DIRECTOR VASUDEVAN SATHYMOORTHY. 5. THE KARNATAKA REAL ESTATE REGULATORY AUTHORITY THROUGH ITS CHAIRMAN, SECOND FLOOR SILVER JUBILEE BLOCK, 3RD CROSS ROAD, CSI COMPOUND, MISSION RD, SAMPANGI RAMA NAGARA, BENGALURU, KARNATAKA - 560 027. …RESPONDENTS (BY SRI. SHAMANTH NAIK, HCGP FOR R1 TO R3)
THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT R-1, 2, AND 3 TO ENFORCE PAYMENT OF AMOUNTS DUE FROM R-4 IN ACCORDANCE WITH THE PROCEDURE FOR RECOVERY PROVIDED UNDER THE PROVISIONS OF KARNATAKA LAND REVENUE ACT, 1964 AND RULES THEREUNDER, FOR ENFORCEMENT OF THE DIRECTIONS OF R-5 AT ANNX-A DATED 29.08.2024 BEARING NO. RERA/REVENUE/00680/2024- 25/2837, ANNX-A1 DATED 29.08.2024 BEARING NO. RERA/REVENUE/10061/2024-25/2833, ANNX-A2 DATED 29.08.2024 BEARING NO. RERA/REVENUE/10062/2024- 25/2832, ANNX-A3 DATED 29.08.2024 BEARING NO. RERA/REVENUE/00572/2024-25/2836, ANNX-A4 DATED 30.09.2024 BEARING NO. RERA/REVENUE/00520/2024-
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NC: 2025:KHC:2028 WP No. 523 of 2025
25/2883, ANNX-A5 DATED 29.08.2024 BEARING NO. RERA/REVENUE/00400/2024-25/2834, ANNX-A6 DATED 29.08.2024 BEARING NO. RERA/REVENUE/00368/2024- 25/2835, ISSUED UNDER SECTION 40 (1) OF REAL ESTATE (REGULATION AND DEVELOPMENT) ACT 2016 AND RULE 25 OF REAL ESTATE (REGULATION AND DEVELOPMENT) RULES, 2017 AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE R DEVDAS
ORAL ORDER
Learned Additional Government Advocate takes notice for respondent Nos.1 to 3. Notice to respondent Nos.4 and 5 is not necessary for the following reasons.
2. The petitioners are home buyers who were aggrieved of the inaction on the part of respondent Nos.2 and 3 in executing and implementing the orders passed by the Karnataka Real Estate Regulatory Authority (K-RERA).
3.
Learned Counsel for the petitioners has drawn the attention of this Court to Annexure-B, which is an order passed by this Court under similar circumstances in respect of the very
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NC: 2025:KHC:2028 WP No. 523 of 2025
same respondent No.4-Ozone Urbana Infra Developers Private Limited. Learned counsel seeks for similar orders.
4. In view of the above, this writ petition is disposed of. Respondent Nos.1 and 2 are directed to accomplish the implementations of the subject K-RERA orders and report compliance to the Registrar General of this Court within an outer limit of three months failing which heavy costs personably payable may be levied on an appropriate application being moved by the petitioner.
Sd/- (R DEVDAS) JUDGE
rv List No.: 1 Sl No.: 6 CT: BHK