Practice area
High Court appeals and writs in RERA matters
Second appeals from the Appellate Tribunal and writ petitions in RERA matters before the High Court of Karnataka.
RERA disputes continue to the High Court in two ways. An order of the Karnataka Real Estate Appellate Tribunal can be appealed to the High Court under Section 58 of the Act, and writ petitions can be filed where an order is not being enforced or an authority has exceeded its jurisdiction.
What this work involves
- Section 58 appeals against orders of the Appellate Tribunal
- Writ petitions to enforce recovery orders and to compel the revenue authorities to act
- Challenges to the jurisdiction of the Authority and the Adjudicating Officer
- Stay of recovery and interim protection for promoters
- Groups of allottees who have succeeded before the Authority but have not been paid
- Related disputes on land, approvals and project permissions
For wider High Court practice, see bangalorehighcourtadvocate.com.
Frequently asked questions
Can a REAT order be appealed?
Yes. Section 58 of the RERA Act provides for an appeal to the High Court within the time prescribed.
What can I do if the recovery authorities do nothing?
A writ petition can be filed to seek directions to the authorities to carry out recovery.
Related reading
Appealing a K-RERA order before the Karnataka REAT: time limit and the 30% deposit
How appeals to the Karnataka Real Estate Appellate Tribunal work, including the 60-day limit and the pre-deposit promoters must make.
K-RERA procedureHow to file a K-RERA complaint: a step-by-step guide for homebuyers
A practical walkthrough of filing a complaint before the Karnataka Real Estate Regulatory Authority, from documents to hearing to recovery.
Delayed possessionRefund or possession? Your rights under Section 18 of RERA when a builder delays
What Section 18 of the RERA Act gives an allottee when possession is delayed, and how the refund and interest options differ.