Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 15237 (KAR)

MRS. TRIPTI SHIVHARE v. THE STATE OF KARNATAKA

WP/3456/2025 · 2025-02-07

R Devdas

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:5691 WP No. 3456 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. 3456 OF 2025 (GM-RES) BETWEEN: MRS. TRIPTI SHIVHARE AGED 35 YEARS, WIFE OF MR. VISHNU JAYENDRAN R/A 1/4536A, BILATHLULAM P.O. ERANCHIPALAM KOZHIKODE-673006 DISTRICT KOZHIKODE STATE KERALA …PETITIONER (BY SRI. RAJKUMAR M D., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY ITS DEPUTY COMMISSIONER, BANGALORE URBAN DISTRICT, BENGALURU - 560 001. 2. THE SPECIAL TAHASILDAR KANDAYA BHAVAN, BENGALURU NORTH TALUK, GROUND FLOOR, K.G. ROAD, BENGALURU - 560 009 Digitally signed by DHARMALINGAM Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:5691 WP No. 3456 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 REP. 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.V.SESHU., HCGP FOR R1 TO R3 SRI. GAUTHAMDEV C. ULLAR., ADVOCATE FOR R5; NOTICE TO RESPONDENT NO.4 NOT ORDERED) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE RESPONDENT NOS.1 TO 3 TO PROMPTLY TAKE ALL NECESSARY ACTIONS TO ENFORCE THE ORDER DATED 26/08/2024 PASSED BY THE RESPONDENT NO.5 IN COMPLAINT NO.CMP/00226/2024 AT ANNEXURE A AND THE REVENUE RECOVERY CERTIFICATE DATED 30/11/2024 AT ANNEXURE B, IN ACCORDANCE WITH THE KARNATAKA LAND REVENUE ACT, 1964 AND RULES 1966 AND RECOVER THE PAYMENTS DUE FROM THE RESPONDENT NO.4 TO THE PETITIONER AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC:5691 WP No. 3456 of 2025 CORAM: HON'BLE MR JUSTICE R DEVDAS ORAL ORDER Learned High Court Government Pleader takes notice for respondent Nos.1 to 3. Learned Counsel Sri.Gauthamdev C.Ulllal, takes notice for respondent No.5. Notice to respondent No.4 is not necessary for the following reasons: The petitioner is a home buyer, who was 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). 2. Learned Counsel for the petitioner 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. 3. In view of the above, this writ petition is disposed of. Respondent Nos.1 and 2 are hereby - 4 - NC: 2025:KHC:5691 WP No. 3456 of 2025 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 DL CT: JL