- 1 - NC: 2025:KHC:3566 WP No. 15732 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 15732 OF 2023 (GM-RES) BETWEEN: KARNATAKA POSTAL AND TELECOM EMPLOYEES HOUSING CO OPERATIVE SOCIETY LTD NO 7, SANDESHA BHAVAN, 3RD MAIN, 1ST STAGE, POSTAL COLONY, SANJAYNAGARA, BENGALURU 560094 REPRESENTED BY SECRETARY (THE PETITIONER SOCIETY IS REGISTERED UNDER THE KARNATAKA COOPERATIVE SOCIETIES ACT 1959) …PETITIONER (BY SRI. DEVI PRASAD SHETTY., ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF COOPERATION VIKASA SOUHDA, BENGALURU 560001 REP. BY ITS PRINCIPAL SECRETARY 2. KARNATAKA REAL ESTATE REGULATORY AUTHORITY NO 1/14, 2ND FLOOR, SILVER JUBLILEE BLOCK, UTILITY BUILDING BACK SIDE, CSI COMPOUND, 3RD CROSS, MISSION ROAD, Digitally signed by KRISHNAPPA LAXMI YASHODA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:3566 WP No. 15732 of 2023 BENGALURU 560027 REP. BY ITS CHAIRMAN 3. SPECIAL TASILDAR BENGALURU NORTH TALUK BENGALURU 560009 4. ANJUM AGGRAWAL W/O MAN SINGH AGE ABOUT 60 YEARS MUNINAGAPPA LAYOUT KAVALBYRASANDRA R T NAGAR POST BENGALURU 560032 …RESPONDENTS (BY SRI. MOHAMMED JAFFAR SHAH., AGA FOR R1 & R3 SRI. GOWTHAMDEV C ULLAL., ADVOCATE FOR R2 SMT. ANJUM AGARWAL., R4 PARTY-IN-PERSON) THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE ORDER AT ANNX-D DTD 13.7.2020 IN COMPLAINT NO.CMP/180223/000507 PASSED BY THE RESPONDENT NO.2.QUASHING THE ATTACHMENT ORDER DTD 5/7/2023 IN NO.MSC/RERA/CR/33/2022-23 PASSED BY R-3 PRODUCED AT ANNX-H AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC:3566 WP No. 15732 of 2023 CORAM: HON'BLE MR JUSTICE R DEVDAS ORAL ORDER The petitioner, a House Building Co-operative Society has filed this writ petition being aggrieved of the impugned order dated 13.07.2020 passed by the Karnataka Real Estate Regulatory Authority in Complaint No.CMP/ 180223/000507, initiated by the fourth respondent. 2. The fourth respondent-complainant contended before the Real Estate Regulatory Authority that being an associate member of the petitioner-Society, she paid Rs.11,52,000/- being the full sital value of a residential site measuring 40 x 60 ft. on 13.02.2014. It was contended that in violation of the order of seniority, the petitioner-Society allotted sites to the members who were below the petitioner and ultimately, no site was allotted to the petitioner. The petitioner sought for directions to the Society to allot site measuring 40 x 60 ft. in a layout formed by the Society. However, the authority directed that the petitioner-Society may either allot a site or refund - 4 - NC: 2025:KHC:3566 WP No. 15732 of 2023 the entire amount paid by the petitioner along with interest within a period of 90 days from the date of the order. 3. During the course of these proceedings, the petitioner-Society deposited Rs.24,51,259/-. Thereafter with the leave of the Court, the fourth respondent was permitted to withdraw Rs.22,73,000/-. What remains, even according to the memo of calculation, with the Registry is Rs.1,78,259/-. 4. Learned Counsel for the petitioner on instructions submits that the entire amount lying in the Registry may be released to the fourth respondent and the fourth respondent should admit before this Court that she has received the amount in full and final settlement. 5. The fourth respondent accepts the submission made by the petitioner. 6. Accordingly, the writ petition stands disposed of directing the Registry to release the said sum of - 5 - NC: 2025:KHC:3566 WP No. 15732 of 2023 Rs.1,78,259/- to the fourth respondent and the amount received by the fourth respondent during these proceedings shall be towards full and final settlement at the hands of the petitioner-Society. Ordered accordingly. Sd/- (R DEVDAS) JUDGE JT/- CT: JL