Sasikanth Nagula vs. State Of Karnataka
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Cause title — parties, addresses and appearances
ORDER
In this petition, petitioners seek the following relief's: (a) ISSUE a writ in the nature of CERTIORARI and/or such other writ order or direction, quashing the registration certificate dated 04.01.2018 bearing No. DRB-3/SOR/630/2017-18 (Annexure-A at page No. 24) (b) ISSUE a writ in the nature of MANDAMUS and/or such other writ order or direction, directing the Respondent Nos.1 to 5 to consider the representation dated 02.12.2023 (Annexure-K at page Nos.169-177) issued by the Petitioners and to take action in accordance with law in a time bound manner. (c) GRANT costs and pass such other/further orders as this Hon'ble Court deems fit in light of the facts and circumstances of the case, in the interest of justice and equity.
Learned Counsel for the petitioner submits that, the registration certificate dated 04.01.2018 issued by respondent No.2 (District Registrar), in favour of the 6th respondent association is illegal and contrary to not only the provisions of the Karnataka Ownership Flats (Regulation of Promotion of Construction Sale Management and Transfer) Act, 1972 and the Karnataka Apartment Ownership Act, 1972 but the same is also NC: 2024:KHC:22172 contrary to the by-laws of the 6th respondent association and as such the same deserves to be quashed.
It is also submitted that, the representation at Annexure-K submitted by the petitioner to respondent Nos. 1 to 5 have not been considered by the said respondents and as such the petitioners are before this Court by way of the present petition.
Per contra, learned Additional Government Advocate for respondent Nos.1 to 5 and learned Counsel for respondent Nos.6 to 19 submits that, there is no merit in the petition and the same is liable to be dismissed.
A perusal of the material on record would indicate that, in so far as, prayer No.(b) for a direction to respondent Nos.1 to 5, consider the representation dated 02.12.2023 submitted by the petitioners is concerned, in the light of the undisputed fact that, respondent Nos.1 to 5 have not considered the same and not taken any decisions/ appropriate orders on the same till today, I deem it just and appropriate to direct the concerned respondent Nos.1 to 5 to address the NC: 2024:KHC:22172 grievances of the petitioners and take appropriate actions/ steps, pursuant to the said representation dated 02.12.2023 vide Annexure-K and take appropriate decisions/ pass appropriate orders, after notifying the petitioners as well as respondent Nos.6 to 19 and in accordance with law, as expeditiously as possible and within a period of three months from the date of the receipt of a copy of this Order.
In so far as, prayer No.(a) quashing of the registration certificate dated 04.01.2018 at Annexure-A is concerned, since the petitioners have not submitted any representation in this regard to the respondent No.2, prior to filing the present petition, the said prayer of the petitioners prayer No.(a) also stands disposed of, reserving liberty in favour the petitioners to submit a representation to respondent No.2, who shall consider the same and notify the petitioners and respondent Nos.6 to 19 and proceed further in accordance with law. It is further directed that in the event that the petitioners submit such a representation to respondent No.2, within a period of two weeks from today, respondent No.2 shall notify both the petitioners and respondent Nos.6 to 19 and pass appropriate orders on the said representation within a NC: 2024:KHC:22172 period of three months from the date of submission on the said representation.
Subject to the aforesaid observations and directions, the petition stands disposed of. JUDGE KVR List No.: 1 Sl No.: 35
Reproduced from the public record of the Karnataka High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.