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2025 DAILYLAW 90896 (KAR)

LILY REALTY PVT LTD., v. SHILADITYA PATNAIK

WP/17789/2024 · 2025-11-13

Suraj Govindaraj

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC:48020 WP No. 17789 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 17789 OF 2024 (GM-RES) BETWEEN: LILY REALTY PVT. LTD., A COMPANIES UNDER THE COMPANIES ACT, 2013 HAVING OFFICE AT, A-SHOP-12, FLOOR-1, PLOT-2, A BLOCK, DATTATRAYA NIWAS, GOKHALE ROAD (SOUTH), PORTUGUESE CHURCH DADAR (W) MUMBAI - 400 028, REPRESENTED BY ITS AUTHORISED REPRESENTATIVE, MR. RAJU M., MANAGER/HEAD LEGAL …PETITIONER (BY SRI. SHRIKARA P.K, ADVOCATE) AND: 1. SHILADITYA PATNAIK FATHERS NAME NOT KNOWN, AGED ABOUT 39 YEARS, RESIDING AT VENI 908, SJR VERITY, KASAVANAHALLI MAIN ROAD, BENGALURU - 560 035. 2. KARNATAKA REAL ESTATE REGULATORY AUTHORITY 2ND FLOOR, SILVER JUBILEE BLOCK, 3RD CROSS ROAD, CIS COMPOUND, MISSION ROAD, SAMPANGI RAMANAGAR BENGALURU - 560 027 REPRESENTED BY ITS CHAIRMAN. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:48020 WP No. 17789 of 2024 …RESPONDENTS THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED JUDGMENT DTD. 03.04.2023 PASSED BY THE R-2 IN COMPLAINT NO. CMP/200712/0006143 (ANNX-A) AND ETC., THIS PETITION, COMING ON FOR ORDERS, 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 or any order of the like nature quashing the Impugned Judgment dated 03.04.2023 passed by the Respondent No. 2 in Complaint No. CMP/200712/0006143 (Annexure A); (b) Consequently, issue a writ of certiorari or any other appropriate writ or any order of the like nature quashing the Order dated 13.09.2023 issued by Respondent No. 2 acting under Section 40(1)(2) of the Real Estate (Regulation and Development) Act, 2016 in CMP/200712/0006143 (Annexure B); (c) Consequently, issue a writ of certiorari or any other appropriate writ or any order of the like nature quashing the Revenue Recovery Certificate dated 12.10.2023 issued by the Respondent No.2 to the Deputy Commissioner, Bengaluru Urban, Bengaluru bearing No. RERA/KANDAYA/6143/2023-24/2275 (Annexure C); (d) Declare that the period between 07.05.2015 (Annexure V) and 05.03.2019 (Annexure W) is a force majeure event disabling the Petitioner from implementing the project in view of the Orders dated - 3 - HC-KAR NC: 2025:KHC:48020 WP No. 17789 of 2024 07.05.2015 and 04.05.2016 (Annexure F) passed by the Hon'ble National Green Tribunal in O.Α. Νο. 222/2014; (e) Pass any other Order as this Hon'ble Court may deem fit on the basis of the facts and circumstances of the case, in the interests of justice, equity and good conscience. 2. A memo dated 13.11.2025, has been filed signed by the petitioner and counsel for the petitioner, which reads as under: "The undersigned most respectfully seek leave of this Hon'ble Court to withdraw the above Writ Petition, in view of the matter being settled between the Petitioner and Respondent No.1. The instant memo may be taken on record and necessary orders may be passed in the interests of justice, equity and good conscience" 3. Accepting the said memo and submission of the counsel for the petitioner, the petition is dismissed as withdrawn. SD/- (SURAJ GOVINDARAJ) JUDGE GJM