- 1 - NC: 2025:KHC:16429-DB WP No. 11443 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF APRIL, 2025 PRESENT THE HON'BLE MR JUSTICE KRISHNA S DIXIT AND THE HON'BLE MR JUSTICE RAMACHANDRA D. HUDDAR WRIT PETITION NO. 11443 OF 2025 (GM-RES) BETWEEN: M/S. G.M. INFINITE DWELLING (INDIA) PVT LTD (A COMPANY INCORPORATED UNDER THE PROVISIONS OF COMPANIES ACT, 1956), HAVING ITS REGISTERED ADDRESS AT NO.6, GM PEARL 1ST STAGE, 1ST PHASE BTM LAYOUT, BENGALURU-560 068 REPRESENTED BY ITS CHAIRMAN-MANAGING DIRECTOR SRI. GULAM MUSTAFA S/O SRI. GULAM RASOOL AGED ABOUT 51 YEARS …PETITIONER (BY SRI. SWAROOP SRINIVAS, ADVOCATE FOR SRI. SHETTY VIGNESH SHIVARAM, ADVOCATE) AND: 1. THE KARNATAKA REAL ESTATE APPELLATE TRIBUNAL REPRESENTED BY ITS SECRETARY NO.1/4, SILVER JUBLICE BLOCK UNITY BUILDING BACKSIDE CSI COMPOUND, 3RD CROSS MISSION ROAD, BENGALURU-560 027 Digitally signed by SHAKAMBARI Location: High Court of Karnataka - 2 - NC: 2025:KHC:16429-DB WP No. 11443 of 2025 2. SMT. B.K. CHETHANA D/O D.V. KRISHNA AGED 35 YEARS 3. SRI. D.V. KRISHAN S/O MR. D.V.MURTHY AGED 63 YEARS RESPONDENTS NO.2 AND 3 ARE R/AT NO.206, F BLOCK 3RD FLOOR, TEMPLE TREES APARTMENT KANAKAPURA ROAD, J.R.NAGAR BENGALURU-560 078 4. THE SPECIAL TAHASILDHAR BENGALURU SOUTH TALUK BENGALURU-560 001 …RESPONDENTS (BY SRI. B. RAVINDRANATH, AGA FOR R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT SETTING ASIDE THE ORDER PASSED BY THE RESPONDENT No. 1 DATED 11.03.2025 IN FR No. (K-RERAT) 17/2025 REJECTING THE IA No. II FILED BY THE PETITIONER SEEKING WAIVER (ANNEXURE-A) AND ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT OR DIRECTION TO ALLOW THE IA No. II FILED BY THE PETITIONER IN FR No. (K-RERAT) 17/2025 AND CONSEQUENTLY WAIVE THE PRE-DEPOSIT (ANNEXURE-B) AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC:16429-DB WP No. 11443 of 2025 CORAM: HON'BLE MR JUSTICE KRISHNA S DIXIT and HON'BLE MR JUSTICE RAMACHANDRA D. HUDDAR ORAL ORDER (PER: HON'BLE MR JUSTICE KRISHNA S DIXIT) The order which the petitioner is putting in challenge in Writ Jurisdiction is apparently appealable under Section 58 of the Real Estate (Regulation and Development) Act, 2016. However, learned counsel for the petitioner submits that the alternate remedy would not immediately come to his client's assistance and therefore he has invoked constitutional jurisdiction. This is too poor a ground for granting indulgence. In the above circumstances, the petition is disposed off reserving liberty to the petitioner to avail appellate remedy against the impugned order as provided under Section 58 of 2016 Act within two weeks. For facilitating such availment, it is ordered that for a period of two weeks, the proceedings under Annexure-H shall not be - 4 - NC: 2025:KHC:16429-DB WP No. 11443 of 2025 precipitated. However, the petitioner shall not encumber or alienate the subject property till appeal is filed. All contentions are kept open. Costs made easy. Registry to send a copy of this judgment by Speed Post to the private respondents, forthwith. Sd/- (KRISHNA S DIXIT) JUDGE Sd/- (RAMACHANDRA D. HUDDAR) JUDGE AM List No.: 1 Sl No.: 15