- 1 - HC-KAR NC: 2025:KHC-D:14762 WP No. 100910 of 2023 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 31ST DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 100910 OF 2023 (GM-RES) BETWEEN: LOTUS LANDMARKS (INDIA) PVT LTD., REPRESENTED BY ITS MANAGING DIRECTOR SRI. DILIP S/O. PREMRAJ CHANDAK, AGE: 59 YEARS, OCC: BUSINESS, R/O: CORPORATE OFFICE 1, RICHMOND PARK, OPP. ORCHID SCHOOL, BANER ROAD, BANEER, PUNE - 411 002. …PETITIONER (BY SRI. S. B. HEBBALLI, ADVOCATE) AND: 1. SHRIDHAR C BHASME, AGE: MAJOR, OCC: NOW KNOWN, R/O: HOUSE NO.27, BAZAAR GALLI, KHASBAG, BELGAVI - 590 003. 2. KAVITA S. BHASME, AGE: MAJOR, OCC: NOT KNOWN, R/O: HOUSE NO.27, BAZAAR GALLI, KHASBAG, BELGAVI - 590 003. 3. MRS. LEELADEVI PREMRAJ CHANDAK, AGE: MAJOR, OCC: NOT KNOWN, R/O: 1, RICHMAOND PARK, OPP ORCHID SCHOOL, BANER ROAD, BANER, PUNE – 411 002. 4. GIRIDHAR S/O. DILIP CHANDAK, AGE: MAJOR, OCC: NOT KNOWN, Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:14762 WP No. 100910 of 2023 R/O: 1, RICHMAOND PARK, OPP ORCHID SCHOOL, BANER ROAD, BANER, PUNE – 411 002. 5. SUHAS S/O. PREMRAJ CHANDAK, AGE: MAJOR, OCC: NOT KNOWN, R/O: 1, RICHMAOND PARK, OPP ORCHID SCHOOL, BANER ROAD, BANER, PUNE – 411 002. 6. UTTAM S/O. PREMRAJ CHANDAK, AGE: MAJOR, OCC: NOT KNOWN, R/O: 1, RICHMAOND PARK, OPP ORCHID SCHOOL, BANER ROAD, BANER, PUNE – 411 002. …RESPONDENTS (BY SRI. D.M.KULKARNI, ADVOCATE FOR R1 & R2; NOTICE TO R3 TO R6 IS DISPENSED WITH) 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 QUASHING THE IMPUGNED ORDER DATED 27.08.2019 PASSED BY THE ADJUDICATING OFFICER, RERA, BENGALURU KARNATAKA, IN COMPLAINT NO. CMP/1090108/0001835, A COPY OF WHICH IS PRODUCED HEREIN AS PER ANNEXURE-B. A WRIT IN THE NATURE OF CERTIORARI QUASHING THE IMPUGNED ORDER DATED 28.01.2022 PASSED BY THE ADJUDICATING OFFICER, RERA, BENGALURU KARNATAKA IN EXECUTION CASE ARISING OUT OF COMPLAINT NO. CMP/190108/0001835, A COPY OF WHICH IS PRODUCED HEREIN AS PER ANNEXURE-C AND ETC., THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING B GROUP THIS DAY, THE COURT MADE THE FOLLOWING: - 3 - HC-KAR NC: 2025:KHC-D:14762 WP No. 100910 of 2023 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. The petitioner is before this Court seeking the following prayer: A. A writ in the nature of certiorari quashing the impugned order dated 27.08.2019 passed by the Adjudicating Officer, RERA, Bengaluru Karnataka, in Complaint No. CMP/ 1090108/ 0001835, a copy of which is produced herein as per Annexure-B. B. A writ in the nature of certiorari quashing the impugned order dated 28.01.2022 passed by the Adjudicating Officer, RERA, Bengaluru Karnataka in execution case arising out of Complaint no. CMP/190108/0001835, a copy of which is produced herein as per Annexure-C. C. Any other appropriate writ, order or direction as deemed fit be granted. 2. The learned counsel appearing for the respondents Ms. Vaibhavi Inamdar would submit that the petition is not entertainable in the light of availability of alternate / statutory remedy of filing an appeal against the impugned order. 3. In the light of the remedy available under Section 43(5) of the Act, the petition stands disposed, reserving liberty - 4 - HC-KAR NC: 2025:KHC-D:14762 WP No. 100910 of 2023 to the petitioner to file an appeal against the order, if the petitioner so desires. 4. In the event the appeal is filed within eight weeks from today, the appellate authority / Tribunal shall consider the issue on merits and not on limitation. 5. The learned counsel for the petitioner submits that the amount of Rs.5,00,000/- has been deposited before this Court. In the event it is deposited, the same shall be transmitted to the appellate Tribunal / RERA after due verification. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE VNP/CT-ASC List No.: 1 Sl No.: 3