Karnataka High Court
WP/26236/2025 of M/S.RAJARAJESHWARE BUILDDCON PVT LTD., Vs KARNATAKA REAL ESTATE REGULATORY AUTHORITY, on 10 September 2026
CNR: KAHC010566942025 NC: 2026:KHC:50343 WP No. 26236 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT PETITION NO. 26236 OF 2025 (GM-RES) BETWEEN: M/S.RAJARAJESHWARE BUILDDCON PVT LTD., A COMPANY
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF SEPTEMBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE C.M. POONACHA
WRIT PETITION NO. 26236 OF 2025 (GM-RES)
BETWEEN:
M/S.RAJARAJESHWARE BUILDDCON PVT LTD.,
A COMPANY INCORPORATED
UNDER THE COMPANIES ACT, 1956,
HAVING ITS OFFICE AT NO.440/43,
7TH 'B' MAIN ROAD, JAYANAGAR,
BENGALURU-560 011
HAVING ITS REGISTERED OFFICE
AT NO.67/1, 'SRI RANGA'.
NETTAKALLAPPA CIRCLE,
BASAVANAGUDI,
BENGALURU 560 004
REPRESENTED BY ITS DIRECTOR AND
AUTHORIZED SIGNATORY
MR. RANJITH J SHAH
…PETITIONER
(BY SRI. AMITH L M, ADVOCATE FOR
SRI. LAKAMAPURMATH CHIDANANDAYYA.,ADVOCATE)
AND:
1.
KARNATAKA REAL ESTATE
REGULATORY AUTHORITY,
REPRESENTED BY ITS
ADJUDICATING OFFICER,
NO.1/14, 2ND FLOOR,
SILVER JUBILEE BLOCK,
HC-KAR
UNITY BUILDING BACKSIDE,
CSI COMPOUND 3RD CROSS,
MISSION, ROAD,
BENGALURU-560 027
2.
SRI VISHWAS RASBAGH
S/O SRI JAYATHIRTHA. R.
AGED ABOUT 35 YEARS
3.
SRI JAYATHIRTHA.R.
S/O LATE GURURAJARAO. R.
AGED ABOUT 77 YEARS.
4.
SMT.SUDHA.N.
W/O SRI JAYATHIRTHA. R.
AGED ABOUT 75 YEARS
5.
SMT.YASHWINI S.M.
W/O VISHWAS .R.
AGED ABOUT 35 YEARS.
RESPONDENT 2 TO 5 ARE
RESIDING AT NO.2/1, 516,
ANJANEYA TEMPLE STREET,
V.V. PURAM, BENGALURU-560 004
…RESPONDENTS
(BY SRI. GOWTHAMDEV C.ULLAL., ADVOCATE FOR R1
SRI. SHASHANK S, ADVOCATE FOR R2, R4, R5)
THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE
CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS
WHICH RESULTED IN PASSING THE IMPUGNED ORDER DATED
12/08/2025 IN CMP NO. 01367/2024 ON THE APPLICATION FILED
BY THE RESPONDENTS 2 TO 5 UNDER SECTION 71(3) OF THE RERA
ACT, VIDE ANNX-A APPOINTING THE COURT COMMISSIONER TO
MEASURE THE SUPER BUILT UP AREA AND THE CARPET AREA.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER
WAS MADE THEREIN AS UNDER:
HC-KAR
CORAM: HON'BLE MR. JUSTICE C.M. POONACHA
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ORAL ORDER
The present petition is filed seeking for the following reliefs:
"(a) CALL for the records which resulted in passing the impugned order dated 12.08.2025 in Cmp.No.01367/2024 on the application filed by the Respondents 2 to 5 under Section 71(3) of the RERA Act, vide Annexure-A appointing the Court Commissioner to measure the super built-up area and the carpet area; (b) (b) ISSUE an order, direction, Writ in the nature of CERTIORARI quashing the impugned order dated 12.08.2025 in Cmp.No.01367/2024 on the application filed by the Respondents 2 to 5 under Section 71(3) of the RERA Act, vide Annexure-A appointing the Court Commissioner to measure the super built-up area and the carpet area; and (d) ISSUE such other relief or reliefs as this Hon'ble Court deems fit in the facts and circumstances of the case including awarding the cost to the Petitioners in the interest of justice."
2. It is forthcoming that the petitioner seeks to assail the order dated 12.08.2025 passed under Section 71(3) of the Real Estate (Regulation and Development) Act, 20161. An appeal remedy is available to the petitioner under Section 43(5) of the Act.
3. This Court vide order dated 19.09.2025 granted the interim relief, in view of the submission made by the learned Counsel for the petitioner that the State Government has not appointed a Chairman.
1 Hereinafter referred to as the 'RERA Act' Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA
HC-KAR
4. It is submitted this day that the Chairman has been appointed and the Appellate Authority under the Act is functioning.
5. In view of the same, the petitioner shall be permitted to file the appeal on or before 29.09.2026. In the event, the appeal is filed on or before the said date, the same shall be entertained without raising objection as to the delay/limitation.
6. The impugned order dated 12.08.2025 shall not be precipitated in any manner till 29.09.2026.
7. The writ petition stands disposed of in the aforementioned terms.
8. Pending IAs., if any, stand disposed of.
(C.M. POONACHA) JUDGE
ND List No.: 1 Sl No.: 65
Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA