- 1 - NC: 2025:KHC:14383 WP No. 2822 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 2822 OF 2025 (GM-RES) BETWEEN: 1. VIJAYANAND PAULRAJ AGED ABOUT 47 YEARS 2. MANIMALA GANESAN AGED ABOUT 47 YEARS BOTH ARE R/O NO.10B FATIMA NAGAR ABHI KALAM, MADURAI TAMIL NADU – 625 014. …PETITIONERS (BY SRI REYNOLD D’SOUZA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA THROUGH THE DEPUTY COMMISSIONER BENGALURU URBAN DISTRICT BENGALURU – 560 009.. 2. THE SPECIALTAHASILDAR BANGALORE NORTH TALUK KANDHAYA BHAVAN K.G.ROAD, BENGALURU - 560 009. 3. DEPUTY COMMISSIONER BANGALORE RURAL DISTRICT DISTRICT OFFICE COMPLEX Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC:14383 WP No. 2822 of 2025 BEERASANDRA VILLAGE DEVENAHALLI TALUK – 562 110. 4. TAHASILDAR DEVANHALLI BANGALORE RURAL TALUK PANCHAYAT OFFICE, DEVANHALLI DEVANHALLI TALUK, BENGALURU – 562 110. 5. KARNATAKA REAL ESTATE REGULATROY AUTHORITY THROUGH ITS CHAIRMAN 2ND FLOOR, SILVER JUBLI BLOCK UNITY BUILDING, CSI COMPOUND 3RD CROSS, MISSION ROAD BENGALURU, KARNATAKA – 560 027. 6. OZONE ELEGANT DEVELOPERS LLP A COMPANY INCORPORATED UNDER COMPANIES ACT, 1956 THROUGH ITS AUTHORIZED REPRESENTATIVE MANAGING DIRECTOR HAVING ITS REGISTERED OFFICE AT NO.51/7-1, RATHNA AVENUE OFF. RICHMOND ROAD, CIVIL STATION BENGALURU – 560 001. 7. ELEGANT PROPERTIES A COMPANY INCORPORATED UNDER COMPANIES ACT, 1956 THROUGH ITS AUTHORISED REPRESENTATIVE MANAGING DIRECTOR HAVING ITS REGISTERED OFFICE AT NO.1, ELEGANT DESIRE COLES ROAD, FRAZER TOWN BENGALURU – 560 001. - 3 - NC: 2025:KHC:14383 WP No. 2822 of 2025 8. GEARS AND PINIONS PRIVATE LIMITED A COMPANY INCORPORATED UNDER COMPANIES ACT, 1956 THROUGH ITS AUTHORISED REPRESENTATIVE MANAGING DIRECTOR HAVING ITS REGISTERED OFFICE AT NO.211, 2ND MAIN, DEFENCE COLONY INDIRANAGAR, BENGALURU – 560 038. 9. OZONE URBAN INFRA DEVELOPERS PRIVATE LIMITED A COMPANY INCORPORATED UNDER COMPANIES ACT, 1956 THROUGH ITS AUTHORISED REPRESENTATIVE MANAGING DIRECTOR HAVING ITS REGISTERED OFFICE AT NO.38 ULSOOR ROAD, BENGALURU – 560 042. 10. PRINCIPAL SECRETARY TO GOVERNMENT REVENUE DEPARTMENT 3RD GATE, 5TH FLOOR, M.S.BUILDING DR. AMBEDKAR VEEDI BENGALURU – 560 001. …RESPONDENTS (BY SRI MOHAMMED JAFFAR SHAH, AGA FOR R1 TO R4 AND R10) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT R-1, 2, 3 AND 4 TO ENFORCE PAYMENT OF AMOUNTS DUE FROM R-6 BY IMPLEMENTING THE SAID ORDERS ISSUED BY R-5 IN ACCORDANCE WITH THE PROCEDURE FOR RECOVERY PROVIDED UNDER THE PROVISIONS OF KARNATAKA LAND REVENUE ACT, 1964 AND RULES THEREUNDER READ ALONG WITH REAL ESTATE REGULATORY AUTHORITY ACT, 2016 AND RULES THEREUNDER, FOR ENFORCEMENT AND IMPLEMENTATION OF THE DIRECTIONS OF R-5 K RERA UNDER - 4 - NC: 2025:KHC:14383 WP No. 2822 of 2025 ANNX-C DTD. 21.11.2024 WHICH IS REVENUE RECOVERY CERTIFICATE, EXECUTION ORDERS IN ANNX-B SERIES AND COMPLY WITH THE K-RERA FINAL ORDER / JUDGEMENT AT ANNX-A SERIES WHICH IS K-RERA JUDGEMENTS IN COMPLAINT NO. 00930/2023 DTD. 23.07.2023. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioners are before this Court seeking the following prayer: "A. Issue an appropriate writ, order or direction in the nature of writ of mandamus or any other writ, directing Respondents No.1, 2, 3 and 4 to enforce payment of amounts due from Respondent No.6 by implementing the said orders issued by respondent no.5 in accordance with the procedure for recovery provided under the provisions of Karnataka Land Revenue Act, 1964 and rules thereunder read along with Real Estate Authority Act, 2016 and Rules thereunder, for enforcement and implementation of the directions of Respondent no.5 K – RERA under ANNEXURE – c dated 21/11/2024 which is revenue recovery certificate, Execution Orders in Annexure B and comply with the K- RERA Final order / Judgment at ANNEXURE – A which is K-RERA Judgements in COMPLIANT NO:00930/2023 dated 23/07/2023. B. GRANT/Pass/Issue such other and further orders / directions / relief as this Hon’ble Court deems fit and necessary under the facts and circumstances of the case, in the interest of Justice and Equity" - 5 - NC: 2025:KHC:14383 WP No. 2822 of 2025 2. Heard Sri Reynold D’Souza, learned counsel for the petitioners and Sri Mohammed Jaffar Shah, learned Additional Government Advocate for respondent Nos.1 to 4 and 10. 3. Learned counsel for the petitioners submits that the issue in the lis stands answered by a co-ordinate Bench of this Court in W.P.No.6545/2023 disposed on 30.05.2023, wherein the co-ordinate Bench has held as follows: "The short grievance of the Petitioner is as to the longevity of the Execution Process involving implementation of the orders of Karnataka Real Estate Regulatory Authority (K-RERA). Learned counsel for the Petitioner submits that the implementation of those orders cannot be a Five Year Plan as it has to be accomplished in accordance with the intent of Parliament in enacting the Real Estate (Regulation and Development) Act of 2016. 2. Learned AGA appearing for the Respondents opposes the Petition contending that already the process for implementation is set on initiated and that would take by its very nature some long period and that its accomplishment no assurance can be given as to within what period the same would be done. This is bit difficult to countenance. At least, as a concession to the shortness of human life the matters of this kind should be accomplished on a war footing should the property be available. If no property avails, the question of implementation would not arise. In view of the above, this Writ Petition is allowed in part; the Respondent Nos. 1 & 2 are directed to accomplish the implementation of the subject K-RERA orders and report compliance to the Registrar General of this Court within an outer limit of - 6 - NC: 2025:KHC:14383 WP No. 2822 of 2025 three months failing which heavy costs personably payable may be levied on an appropriate application being moved by the Petitioner. Now, no costs." Learned counsel for petitioners submits that the petitioners are also similarly situated home buyers and seeks same relief be granted to the petitioners in the subject petition, as is granted by the co-ordinate bench in the aforesaid writ petition (supra). 4. Learned Additional Government Advocate would submit that if reasonable time is granted, the orders of the K- RERA authority would be complied with. The submission is placed on record. 5. The order shall be complied with, within an outer limit of four months. With the aforesaid observations, the writ petition stands disposed. Sd/- (M.NAGAPRASANNA) JUDGE NVJ List No.: 2 Sl No.: 28 CT:SS