Does HC Mondamus Writ get executed against RERA compensation orders
8 months ago
I got a RRC from Karnataka RERA in 2020..However, the deputy commissioner and his staff are not making any attempt to recover the money. Is there any case reference where a Complainant has got RERA compensation money in his account after a Mondamus writ has been passed by HC against Deputy commissioner?
A.Dear Client,
When a Writ of Mandamus is issued by the High Court directing the DC to complete the recovery process in compliance with the Recovery Certificate issued by the RERA in a specified period of time. Such a direction from the High Court shall ensure effective compliance of the Recovery Certificate issued by the RERA in a time-bound manner. In this context, the judgment passed by the Bombay High Court in the WRIT PETITION NO. 444 OF 2022 , Sabhajit Ramyash Yadav, and anr vs. the State of Maharashtra, and others, may be referred.
When a Writ of Mandamus is issued by the High Court directing the DC to complete the recovery process in compliance with the Recovery Certificate issued by the RERA in a specified period of time. Such a direction from the High Court shall ensure effective compliance of the Recovery Certificate issued by the RERA in a time-bound manner. In this context, the judgment passed by the Bombay High Court in the WRIT PETITION NO. 444 OF 2022 , Sabhajit Ramyash Yadav, and anr vs. the State of Maharashtra, and others, may be referred.
Helpful
Helpful
Share
A.Dear client,
Whenever a public officer or government has done some act which violates the fundamental right of a person, the Court would issue a writ of mandamus, restraining the public officer or government from enforcing that order or doing that act against the person whose fundamental right has been violated
Whenever a public officer or government has done some act which violates the fundamental right of a person, the Court would issue a writ of mandamus, restraining the public officer or government from enforcing that order or doing that act against the person whose fundamental right has been violated
Helpful
Helpful
Share
Read Related Answers
Apartments terrace laws
Dear Client,
The rooftops of the Building are also known as an open terrace and a part of the common area useable for all the floor owners of the multistoried building. Legally, a Builder cannot sell...
Tenant Eviction - Rental and Sale Agreement Signed but Expired
Dear Client,
Neither a rent agreement nor an agreement to sell confer any ownership right to a tenant or a buyer. On the expiry of the rent agreement, you can ask the tenant to vacate the rented premi...
Favoring employees of the builder in parking allocation
Dear Client,
In the given scenario, if the housing project is a registered project of RERA, then such a deviation or breach of contract, flat owners can file a complaint either individually or collec...
Builder Refuses to Refund Our Money
Dear Client,
In the given scenario, if the housing project is a registered project of RERA, then for an unreasonable delay in delivery of possession flats to flat owners should be filed against the Bu...
Can Builder Cancel Affordable After taking full Amount
Dear Client,
In the absence of any specific term Builder Buyer Agreement(BBA) a Builder cannot cancell an allotment of a flat outrightly on receipt of full or part of the price or value of the flat fr...
Read Blogs on Real Estate
Real Estate Lawyers
Find Lawyers by Location
