- 1 - HC-KAR NC: 2025:KHC:33399 WP No. 22727 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 22727 OF 2025 (GM-RES) BETWEEN: 1. MR RIZWAN SHEIKH ALSO KNOWN AS SHEIKH MOHAMMED RIZWAN SIRAJ S/O MR. S.A. SIRAJ, AGED ABOUT 46 YEARS, 2. MRS. SIMEEN SHEIKH W/O MR. SHEIKH MOHAMMED RIZWAN SIRAJ, AGED ABOUT 44 YEARS. BOTH ARE RESIDING AT, C-107, THE CANOPY, BANK AVENUE ROAD, BABU SAHEB PALYA, KALYAN BENGALURU, NAGAR, KARNATAKA-560043. AND ALSO AT, FLAT NO-607, FLOOR- 6, TOWER- 7 CHOWRIAPPA CONSTELLATION, HENNUR BAGALUR MAIN RD, RAMANNA LAYOUT BENGALURU, KARNATAKA-560077. Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:33399 WP No. 22727 of 2025 3. MR. CHERIAN A. PAUL, S/O LATE PAUL CHERIAN, AGED ABOUT 73 YEARS. 4. MRS. SARAMMA CHERIAN PAUL, W/O CHERIAN A. PAUL, AGED ABOUT 73 YEARS. BOTH ARE RESIDING AT VILLA NO. C-11, STERLING VILLA GRANDE, HOSKOTE-WHITEFIELD MAIN ROAD, SEEGEHALLI, WHITEFIELD, BANGALORE 560115. …PETITIONERS (BY SRI. S.V. GIRIDHAR, ADVOCATE FOR SRI. NARENDRA DEV H N.,ADVOCATE) AND: 1. KARNATAKA REAL ESTATE REGULATORY AUTHORITY SECOND FLOOR, SILVER JUBILEE BLOCK, 3RD CROSS ROAD, CSI COMPOUND, MISSION ROAD, SAMPANGI RAMA NAGARA, BENGALURU, KARNATAKA-560027. 2. M/S. CHOWRIAPPA CONTELLATION BUYER WELFARE ASSOCIATION APT 903, CHOWRIAPPA CONSTELLATION NO. 532, HENNUR, BAGALUR ROAD GEDALAHALLI, BENGALRU -560 077 BY ITS PRESIDENT/CHAIRMAN. …RESPONDENTS (BY SRI.K. RAJASHEKAR., ADVOCATE FOR R1; SRI. RAKESH B BHATT, ADVOCATE FOR 2) - 3 - HC-KAR NC: 2025:KHC:33399 WP No. 22727 of 2025 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO- A. QUASH AND SET ASIDE THE PORTION OF THE JUDGMENT DATED 02.08.2023 PASSED BY THE HONBLE KARNATAKA REAL ESTATE REGULATORY AUTHORITY (RERA AUTHORITY) IN CMP/210223/0007657 (RERA ORDER), (PRODUCED AS ANNEXURE A) TO THE EXTENT THAT IT PROHIBITS EXECUTION AND REGISTRATION OF SALE DEEDS BY THE PETITIONERS NO.3 AND 4 IN FAVOUR OF PETITIONER NO. 1 AND 2, AND, AS A CONSEQUENCE THEREOF; B. PERMIT THE PETITIONERS NO.3 AND 4 TO EXECUTE AND REGISTER A SALE DEED IN FAVOUR OF PETITIONERS NO.1 AND 2, TOWARDS TRANSFER OF UNDIVIDED SHARE TO THE EXTENT OF 0.86 PERCENT OF THE LAND DESCRIBED IN SCHEDULE A IN TERMS OF THE SETTLEMENT AGREEMENT DATED 04.07.2025. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD ORAL ORDER The third and fourth petitioners are the owners of an open land that is offered for development and the first and second petitioners have entered into an agreement with the other two petitioners to purchase - 4 - HC-KAR NC: 2025:KHC:33399 WP No. 22727 of 2025 a unit on the 6th floor of the 7th tower. The third and fourth petitioners have suffered an order under Section 31 of the Real Estate [Regulation and Development] Act, 2016 [for short, 'RERA Act'] in terms of Annexure-A which is dated 02.08.2023 in CMP/210223/0007657. The operative part of this order reads as under: In exercise of the powers conferred under Section 31 of the Real Estate (Regulation and Development) Act, 2016, the Complaint bearing No.CMP/210223/0007657 is hereby allowed. "1. The Respondent landowner and developers being promoter of the project shall jointly or severally liable to complete the project with all the amenities as agreed within 60 days from date of this order and to obtain occupancy certificate. 2. The Respondent are jointly or severally called upon to establish Association of Allottee under Karnataka Co-operative Societies Act or Companies Act within 30 days from the date of order, it is - 5 - HC-KAR NC: 2025:KHC:33399 WP No. 22727 of 2025 further directed that the Respondent shall share a list of all allottee in the aforesaid project along with contact detail like address, email ID and phone number of allottee with the complainant to enable the complainant to form Association of Allottees. The entire cost of the formation shall be borne by the Respondent Jointly or severally. 3. The Respondents are hereby restrained from creating any further sales by way of agreement or executing any sale deed of apartment or creating third party interest until Occupancy Certificate is obtained. 4. The office is directed to issue show cause notice for penalty proceeding under section 60,61 and 63. This apart office is also directed to issue notice to Respondent No.1 to 3 under section 69 of the Act. The petitioners are aggrieved by the stipulation that the third and fourth petitioners shall be restrained from creating any further sale until - 6 - HC-KAR NC: 2025:KHC:33399 WP No. 22727 of 2025 occupancy certificate is obtained and this grievance is because the sale inter se the petitioners is hindered. If Sri S.V.Giridhar, the learned counsel for the petitioners, argues in support of this prayer, Sri.Rakesh B.Bhatt, the learned counsel who seeks leave to enter appearance for the second respondent, submits that the petition could be disposed of permitting the petitioners to complete the transaction of the concerned unit on the 6th floor of the 7th Tower in the development. The request, which is not opposed, must be allowed because the transfer pertains to the owner's share and the second respondent is agitating for completion of the project by the developer who has abandoned the project. In the light of the afore, the following: ORDER The petition is allowed permitting the petitioners, notwithstanding the stipulation as against sale in the - 7 - HC-KAR NC: 2025:KHC:33399 WP No. 22727 of 2025 impugned order, to complete the transaction for the agreed unit on the 6th floor on 7th Tower. Sd/- (B M SHYAM PRASAD) JUDGE SA ct:sr