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2025 DAILYLAW 15231 (KAR)

MR. BHARATKUMAR RAVISHNKAR SHARMA v. THE STATE OF KARNATAKA

WP/3486/2025 · 2025-02-07

R Devdas

body2025

Judgment text

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- 1 - NC: 2025:KHC:5598 WP No. 3486 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 3486 OF 2025 (GM-RES) BETWEEN: 1. MR. BHARATKUMAR RAVISHNKAR SHARMA S/O. RAVISHANKAR SHARMA, AGED ABOUT 41 YEARS, 2. MRS. SONALI SHARMA, W/O. BHARATKUMAR RAVISHANKAR SHARMA, AGED ABOUT 41 YEARS BOTH RESIDING AT B101, AQUA, OZONE URBANA, KANNAMANGLA, DEVANAHALLI, BENGALURU - 562 110. …PETITIONERS (BY SRI. RAJKUMAR M.D, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS DEPUTY COMMISSIONER, BANGALORE URBAN DISTRICT, BENGALURU - 560 001. 2. THE SPECIAL TAHSILDAR BENGALURU NORTH TALUK, KANDAYA BHAVAN, GROUND FLOOR, K.G. ROAD, BENGALURU - 560 009. Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:5598 WP No. 3486 of 2025 3. THE TAHSILDAR DEVANAHALLI, BANGALORE RURAL, TALUK PANCHAYATH OFFICE, DEVANAHALLI, DEVANAHALLI TALUK, BANGALORE - 562 110. 4. M/S OZONE URBANA INFRA DEVELOPERS PVT. LTD., A COMPANY INCORPORATED UNDER THE PROVISIONS OF COMPANIES ACT, HAVING ITS REGISTERED OFFICE AT NO.38, ULSOOR ROAD, BENGALURU - 560 093, REPRESENTED BY ITS MANAGING DIRECTOR MR. VASUDEVAN SATHYAMOORTHY. 5. KARNATAKA REAL ESTATE REGULATORY AUTHORITY THROUGH ITS CHAIRMAN, SECOND FLOOR, SILVER JUBLIEE BLOCK, MISSION ROAD, BENGALURU - 560 027. …RESPONDENTS (BY SRI. SHAMANTH NAIK, AGA) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R1 TO 3 TO PROMPTLY TAKE ALL NECESSARY ACTIONS TO ENFORCE THE ORDER DATED 09/07/2024 PASSED BY THE R5 IN COMPLAINT NO. CMP/00019 AT ANNX-A AND THE REVENUE RECOVERY CERTIFICATE DATED 29/10/2024 AT ANNX-B IN ACCORDANCE WITH THE KARNAAKA LAND REVENUE ACT, 1964 AND RULES 1966 AND RECOVER THE PAYMENTS DUE FROM THE R4 TO THE PETITIONERS AND ETC., - 3 - NC: 2025:KHC:5598 WP No. 3486 of 2025 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-D, which is an order passed by this Court under similar circumstances in respect of the very 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 - 4 - NC: 2025:KHC:5598 WP No. 3486 of 2025 outer limit of three months failing which heavy costs personably payable may be levied on an appropriate application being moved by the petitioners. Sd/- (R DEVDAS) JUDGE rv List No.: 1 Sl No.: 4 CT: BHK