- 1 - NC: 2025:KHC:16416 WP No. 20046 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 20046 OF 2024 (GM-RES) BETWEEN: 1. ASHWIN S N, SON OF SK NAGARAJAN, AGED ABOUT 40 YEARS, RESIDING AT B403 ICON NORTH, THANISANDRA MAIN ROAD, BENGALURU - 560077, REPRESENTED THROUGH HIS POWER OF ATTORNEY MR. AJAY SAPRA. 2. RAVI KUMAR S, SON OF LATE WV SESHAN, AGED ABOUT 37 YEARS, RESIDING AT E903, ICON NORTH, THANISANDRA MAIN ROAD, BENGALURU - 560077. 3. ESHA KALRA, AGED ABOUT 39 YEARS, D/O AJAY SAPRA, RESIDING AT B501, ICON NORTH, THANISANDRA MAIN ROAD, BENGALURU - 560077, REPRESENTED THROUGH HER POWER OF ATTORNEY MR. AJAY SAPRA. 4. VIMAL KUMAR KAMNANI, AGED ABOUT 55 YEARS, S/O JAIKISHANDAS KAMNANI, RESIDING AT B303, ICON NORTH, THANISANDRA MAIN ROAD, BENGALURU - 560077, REPRESENTED THROUGH HIS POWER OF ATTORNEY MR. AJAY SAPRA. Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC:16416 WP No. 20046 of 2024 5. KESHAV JHA, AGED ABOUT 36 YEARS, S/O NAROTTAM JHA, RESIDING AT B004, ICON NORTH, THANISANDRA MAIN ROAD, BENGALURU - 560077, REPRESENTED THROUGH HIS POWER OF ATTORNEY MR. AJAY SAPRA. 6. RAJESH LALLA, AGED ABOUT 51 YEARS, S/O INDER PITAMBER LALLA, RESIDING AT B1503, ICON NORTH, THANISANDRA MAIN ROAD, BENGALURU - 560077, REPRESENTED THROUGH HIS POWER OF ATTORNEY MR. AJAY SAPRA. 7. MADHAV JHA, AGED ABOUT 47 YEARS, S/O NAROTTAM JHA, RESIDING AT B203, ICON NORTH, THANISANDRA MAIN ROAD,BENGALURU - 560077, REPRESENTED THROUGH HIS POWER OF ATTORNEY MR. AJAY SAPRA. 8. SRINU BABU, AGED ABOUT 47 YEARS, S/O ANDHAVARAPU, TRINADHARAO RESIDING AT B1104, ICON NORTH, THANISANDRA MAIN ROAD, BENGALURU - 560077, REPRESENTED THROUGH MAIN HIS POWER OF ATTORNEY MR. AJAY SAPRA. 9. JATINDER SINGH BHATIA, AGED ABOUT 36 YEARS, S/O D S BHATIA, RESIDING AT E2202, ICON NORTH, THANISANDRA MAIN ROAD, BENGALURU - 560077, REPRESENTED THROUGH MAIN HIS POWER OF ATTORNEY MR. AJAY SAPRA. 10. ATUL CHITTORA, AGED ABOUT 36 YEARS, - 3 - NC: 2025:KHC:16416 WP No. 20046 of 2024 S/O RAMESH CHAND CHITTORA, RESIDING AT E2601, ICON NORTH, THANISANDRA MAIN ROAD, BENGALURU - 560077, REPRESENTED THROUGH MAIN HIS POWER OF ATTORNEY MR. AJAY SAPRA. 11. NEERAJ KUMAR, AGED ABOUT 39 YEARS, S/O R S MAHTO, RESIDING AT E1503, ICON NORTH, THANISANDRA MAIN ROAD, BENGALURU - 560077, REPRESENTED THROUGH HIS POWER OF ATTORNEY MR. AJAY SAPRA. 12. HEMANTH PETHE, AGED ABOUT 66 YEARS, S/O R S PETHE, RESIDING AT B1403, ICON NORTH, THANISANDRA MAIN ROAD, BENGALURU - 560077, REPRESENTED THROUGH HIS POWER OF ATTORNEY MR. AJAY SAPRA. …PETITIONERS (BY SRI. ANUPAMA G HEBBAR.,ADVOCATE) AND: 1. M/S G CORP HOMES PVT LTD., A COMPANY REGISTERED UNDER COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT SKAV 909, 7TH FLOOR, 9/1 LAVELLE ROAD, RICHMOND CIRCLE, BANGALORE NORTH, KARNATAKA - 560 001, EMAIL SHARES@LODHAGROUP.COM REPRESENTED BY ITS DIRECTOR PRAVIN KUMAR KABRA. 2. MR SEETHARAM, GOKULA HOUSE, GOKULA EXTENSION, MATHIKERE, BENGALURU URBAN, KARNATAKA - 560054. 3. KARNATAKA REAL ESTATE REGULATORY AUTHORITY REPRESENTED BY ITS CHAIRPERSON, SECOND FLOOR, SILVER JUBILEE BLOCK, - 4 - NC: 2025:KHC:16416 WP No. 20046 of 2024 3RD CROSS ROAD, CSI COMPOUND, MISSION ROAD, SAMPANGI RAMA NAGARA, BENGALURU, KARNATAKA - 560027. 4. RAKESH PIMPLIKAR, AGED ABOUT 37 YEARS, S/O RP PIMPLIKAR, RESIDING AT C2602, ICON NORTH, THANISANDRA MAIN ROAD, BENGALURU 560077. 5. MUKESH KEDIA, AGED ABOUT 40 YEARS, S/O RAJ KUMAR KEDIA, RESIDING AT E1701,ICON NORTH, THANISANDRA MAIN ROAD, BENGALURU 560077. 6. SUNIL YEDATHORE, AGED ABOUT 38 YEARS, S/O YS S SHANKAR, RESIDING AT B603, ICON NORTH, THANISANDRA MAIN ROAD, BENGALURU 560077. 7. SEEMA SHARMA, AGED ABOUT 35 YEARS, W/O AMIT SHARMA, RESIDING AT C704, ICON NORTH, THANISANDRA MAIN ROAD, BENGALURU 560077. 8. VIDHYA D W/O RAVI KUMAR S, AGED ABOUT 33 YEARS, RESIDING AT E903 ICON NORTH, THANISANDRA MAIN ROAD, BENGALURU - 560077. …RESPONDENTS (BY SMT BHAVANA G K, ADVOCATE FOR R2, SRI ASHUTOSH RANJAN, ADVOCATE FOR R1) - 5 - NC: 2025:KHC:16416 WP No. 20046 of 2024 THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE IMPUGNED COMMON JUDGEMENT DTD. 20.05.2024 PASSED BY THE HONBLE KARNATAKA REAL ESTATE REGULATORY AUTHORITY IN CMP NOS. 00780/2023 AND 00784/2023 PRODUCED AS ANNX-A AND ETC. THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is before this Court seeking the following prayer: "(i) Set aside the Impugned Common Judgment dated 20 May 2024 passed by the Hon'ble Karnataka Real Estate Regulatory Authority in CMP Nos.00780/2023 and 00784/2023, produced as Annexure A. (ii) Set aside the registration granted to project Mirabelle bearing registration No.PRM/KA/RERA/1251/309/PR/131023/ 006321 (ANNEXURE - D). (iii) Restrain the Respondents from carrying out any further construction or modification on the Project ICON North and Project Mirabelle without obtaining the 2/3 consent of all allottees in Project ICON North in terms of - 6 - NC: 2025:KHC:16416 WP No. 20046 of 2024 S.14 of the Real Estate Regulatory Authority Act, 2016. (iv) Grant any other appropriate relief(s) as this Hon'ble Court may deem fit and proper in the interests of justice and equity." 2. The petition was preferred in the wake of the Appellate Authority under the Karnataka Real Estate Regulatory Act not being constituted and functioning. 3. Today, the learned counsel for the respondents submits that the Appellate Authority is constituted and they are hearing the matters. 4. In that light learned counsel for the petitioners seeks leave of this Court to withdraw the petition and pursue their remedy before the Appellate Authority. 5. Reserving such liberty, the petition stands disposed. 6. Since the petition is pending before this Court and also the fact that the Appellate Authority was yet to be constituted, the period spent before this Court shall be - 7 - NC: 2025:KHC:16416 WP No. 20046 of 2024 excluded for the purpose of consideration of limitation of filing an appeal. 7. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE CHS List No.: 1 Sl No.: 189