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2025 DAILYLAW 79047 (KAR)

M/S JANAPRIYA ENGINEERS SYNDICATE PVT LTD., v. MR. KRISHNA GOPAL VIJAYVARGIYA

WP/34036/2025 · 2025-12-10

Suraj Govindaraj

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:52128 WP No. 34036 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 34036 OF 2025 (GM-RES) BETWEEN: M/S JANAPRIYA ENGINEERS SYNDICATE PVT LTD., HAVING ITS REGISTERED OFFICE AT 8-2-120/86 ROAD NO.2, BANJARA HILLS, HYDERABAD - 500 034 REPRESENTED BY ITS AUTHORIZED SIGNATORY MR. TIRUPATHI M S …PETITIONER (BY SRI. SHIVABHUSHAN S HATTI, ADVOCATE) AND: 1. MR. KRISHNA GOPAL VIJAYVARGIYA AGED ABOUT 52 YEARS, S/O LATE MR. RAMPRASAD RESIDING AT ARDENTE PINEGROVE APARTMENT DODDANAGAMANGALA VILLAGE, RAYASANDRA MAIN ROAD, BENGALURU - 560100 2. MS. SHWETA VIJAYVARGIYA AGED ABOUT 49 YEARS, W/O MR. KRISHNA GOPAL VIJAYVARGIYA RESIDING AT ARDENTE PINEGROVE APARTMENT DODDANAGAMANGALA VILLAGE, RAYASANDRA MAIN ROAD, BENGALURU - 560100 3. KARNATAKA REAL ESTATE REGULATORY AUTHORITY 2ND FLOOR, SILVER JUBILEE BLOCK, UNITY BUILDING BACKSIDE, CSI COMPOUND, 3RD CROSS, MISSION ROAD, BENGALURU - 560027 REPRESENTED BY ITS SECRETARY. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:52128 WP No. 34036 of 2025 4. MR. K TYAGARAJU S/O LATE RAGAVAARJU, AGED ABOUT 58 YEARS, RESIDING AT SY. NO. 26/5, BEGUR HOBLI, BILEKHALLI, BENGALURU - 560034. 5. SMT. T S SRIDEVI W/O SRI K TYAGARAJU, AGED ABOUT 51 YEARS RESIDING AT SY. NO. 26/5, BEGUR HOBLI, BILEKHALLI, BENGALURU - 560034. …RESPONDENTS THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 13.08.2025 PASSED BY THE BENCH 5 OF THE R3 IN COMPLAINT NO. CMP/366/2023 (ANNX-A). THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The petitioner is before this Court seeking for the following reliefs: a. Issue a writ of certiorari or any other appropriate writ, quashing the impugned order dated 13.08.2025 passed by the bench 5 of the r3 in complaint no. CMP/366/2023 (Annx-A). b. Grant such other and further reliefs as are just in the interests of justice, including the costs of this petition. 2. What has been challenged is a final award passed by the Real Estate Regulatory Authority (for short - 3 - HC-KAR NC: 2025:KHC:52128 WP No. 34036 of 2025 hereinafter referred to as “RERA”) as regards which the petitioner has an alternative efficacious remedy in terms of appeal before the Real Estate Appellate Tribunal. 3. Reserving liberty to file such an appeal, the petition stands disposed of. 4. The petitioner is also at liberty to file necessary application for waiver of the pre-deposit, which shall be considered by the Appellate Tribunal on its merits. SD/- (SURAJ GOVINDARAJ) JUDGE SR List No.: 1 Sl No.: 10