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2026 DAILYLAW 27569 (KAR)

M/S BRINDAVAN INFRA v. STATE OF KARNATAKA

WP/20237/2025 · 2026-07-08

Suraj Govindaraj

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:34464 WP No. 20237 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.20237 OF 2025 (GM-RES) BETWEEN: M/S BRINDAVAN INFRA A REGISTERED PARTNERSHIP CONCERN HAVING ITS REGISTERED OFFICE AT NO.224, GROUND FLOOR, 17TH 'C' MAIN, SECTOR-4, H.S.R LAYOUT, BENGALURU-560102. …PETITIONER (BY SRI. G.S.VENKAT SUBBARAO, ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF HOUSING, GOVERNMENT OF KARNATAKA, ROOM NO.213, 2ND FLOOR, VIKASA SOUDHA, BENGALURU-560 001. 2. THE SECRETARY Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:34464 WP No. 20237 of 2025 KARNATAKA REAL ESTATE REGULATORY AUTHORITY NO.1/14, 2ND FLOOR, SILVER JUBILEE BLOCK, UNITY BUILDING, 3RD CROSS, MISSION ROAD, CSI COMPOUND, BENGALURU - 560 027. REPRESENTED BY ITS CHAIRMAN. …RESPONDENTS (BY SRI. MOHAMMED JAFAR SHAH, AGA FOR R1; SRI. GOWTHAMDEV C ULLAL, ADVOCATE FOR R2 (VK NOT FILED)) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI QUASHING THE IMPUGNED CIRCULAR DATED 03.09.2020 BEARING NO.RERA/FINANCE- SECTION/83/2020-21 ISSUED BY THE SECRETARY, KARNATAKA REGULATORY AUTHORITY REAL ESTATE RESPONDENT NO. 2 VIDE ANNEXURE-A AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN B-GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ - 3 - HC-KAR NC: 2026:KHC:34464 WP No. 20237 of 2025 ORAL ORDER 1. Petitioner is before this Court seeking for the following reliefs: a) Issue a writ in the nature of certiorari quashing the impugned Circular dated 03.09.2020 bearing No.RERA/Finance-Section/83/2020-21 issued by the Secretary, Karnataka Real Estate Regulatory Authority Respondent No.2 vide Annexure-A; b) Issue a writ in the nature of mandamus directing the 2nd respondent authority to renew the certificate of registration in respect of the Real Estate Project of the petitioner without levying the delayed fee; c) Grant such other relief or reliefs or directions as this Hon'ble Court deems fit to grant under the circumstances of the case, including costs, in the interest of justice and equity. 2. Both the learned counsel for the petitioner and respondents submit that the lis in the above matter is covered by the decision of a Co-ordinate Bench dated 19.09.2025 in WP No.3379/2024 and other connected matters between Sharada Achar and State of Karnataka and Another. They submit that the said judgment has attained finality and there is no appeal which has been filed in relation thereto. - 4 - HC-KAR NC: 2026:KHC:34464 WP No. 20237 of 2025 3. This Court vide the aforesaid order dated 19.09.2025 in WP No.3379/2024 considered the virus of the circular dated 03.09.2020 at Annexure-A and held that the same is arbitrary, illegal and void. The said order would be equally applicable to the present matter. Insofar as the renewal of the certificate is concerned, learned counsel for the petitioner submits that an application for renewal would be filed within 15 days from today. 4. In that view of the matter, this Court passes the following: ORDER (i) The circular having already been quashed and the circular dated 03.09.2020 bearing No.RERA/Finane-Section/83/2020-21 at Annexure-A having already been quashed no further orders are required to be passed. (ii) If an application for renewal is filed by the petitioner, the same shall be considered and - 5 - HC-KAR NC: 2026:KHC:34464 WP No. 20237 of 2025 disposed within a period of 30 days from filing of such application for renewal. Sd/- (SURAJ GOVINDARAJ) JUDGE NS CT:TSM List No.: 1 Sl No.: 39