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2025 DAILYLAW 13306 (KAR)

MR ONKAR NATH JAISWAL v. THE DEPUTY COMMISSIONER

WP/1589/2025 · 2025-01-31

R Devdas

body2025

Judgment text

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- 1 - NC: 2025:KHC:4545 WP No. 1589 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO.1589 OF 2025 (GM-RES) BETWEEN: MR ONKAR NATH JAISWAL S/O. LATE. SRI. HARIRAM JAIWAL, AGED ABOUT 70 YEARS R/AT FLAT H6, 7TH FLOOR, MANISH TOWER, NO.84, JC ROAD, BENGALURU-560 002. …PETITIONER (BY SRI. SANDEEP LAHIRI., ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER BANGALORE URBAN DISTRICT, KANDHAYA BHAVAN, KEMPEGOWDA ROAD, BENGALURU-560 009. 2. THE TAHASILDAR, BANGALORE SOUTH TALUK, KANDHAYA BHAVAN, KEMPEGOWDA ROAD, BANGALORE 560 009. 3. REAL ESTATE REGULATORY AUTHORITY, KARNATAKA, 1/14, 2ND FLOOR, Digitally signed by KRISHNAPPA LAXMI YASHODA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:4545 WP No. 1589 of 2025 SILVER JUBILEE BLOCK, 3RD CROSS ROAD, CSI COMPOUND, MISSION RD, SAMPANGI RAMA NAGARA, BENGALURU, KARNATAKA 560 027 REP BY SECRETARY 4. MANTRI DEVELOPERS PVT. LTD., 41, VITTAL MALLYA ROAD, MANTRI HOUSE BENGALRUU URBAN 560001 A COMPANY REGISTRAION UNDCER COMPANIES ACT, 2013 REP BY ITS DIRECTOR …RESPONDENTS (BY SRI.MOHAMMED JAFFAR SHAH., AGA FOR R1 & R2 SRI. GOWTHAMDEV C ULLAL., ADVOCATE FOR R3) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE R1 AND 2 TO EXECUTE AND IMPLEMENT THE ORDER DATED 26/10/2023 PASSED BY THE R3 AUTHORITY VIDE COMPLAINT NO. CMP/UR/190912/0004182 VIDE ANNX-A, AND THEREBY DIRECT R4 TO DULY COMPLY WITH THE SAME. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC:4545 WP No. 1589 of 2025 CORAM: HON'BLE MR JUSTICE R DEVDAS ORAL ORDER Learned Additional Government Advocate takes notice for respondent Nos.1 & 2. Notice to respondent No.3 and 4 is not necessary for the following reasons. 2. The petitioner is a home buyer who are aggrieved of the inaction on the part of respondent Nos.1 and 2 in executing and implementing the orders passed by the Karnataka Real Estate Regulatory Authority (K-RERA). 3. Learned Counsel for the petitioner submits that a Co-ordinate bench of this Court in W.P.No.14093/2024 has considered the similar issue in respect of the very same respondent No.4-Mantri Developers Pvt. Ltd., 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 - 4 - NC: 2025:KHC:4545 WP No. 1589 of 2025 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 KLY CT: JL