- 1 - NC: 2025:KHC:16508 WP No. 7705 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 7705 OF 2025 (GM-RES) BETWEEN: SRI RAJAT SAXENA, S/O SRI. RAJEEV KUMAR SAXENA, AGED ABOUT 39 YEARS, R/AT A-901, NESTER RAGA APARTMENT, CHINAPPA LAYOUT, MAHADEVAPURA, BANGALORE-560 048. …PETITIONER (BY SRI VAIBHAV RAVI MALIMATH, ADVOCATE) AND: 1. STATE OF KARNATAKA, THROUGH THE CHIEF SECRETARY TO GOVERNMENT ROOM NO. 320, 3RD FLOOR, VIDHANA SOUDHA, BENGALURU-560 001. 2. DEPUTY COMMISSIONER, BANGALORE URBAN DISTRICT, KANDAYA BHAVAN, KR ROAD, BANGALORE-560 009. 3. SPECIAL DEPUTY COMMISSIONER-1, BANGALORE NORTH TALUK, BANGALORE URBAN DISTRICT, KANDAYA BHAVAN, KR ROAD, BANGALORE-560 009. 4. TAHSILDAR, BANGALORE NORTH TALUK, KANDAYA BHAVAN, KR ROAD, Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC:16508 WP No. 7705 of 2025 5. BANGALORE-560 009. KARNATAKA REAL ESTATE REGULATORY AUTHORITY, BY ITS REGISTRAR, 2ND FLOOR, SILVER JUBLI BLOCK, UNITY BUILDING, CSI COMPOUND, 3RD CROSS, MISSION ROAD, BENGALURU, KARNATAKA-560 027. …RESPONDENTS (BY SRI MOHAMMED JAFFAR SHAH, AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA OF 1947 PRAYING TO i) DIRECT THE RESPONDENTS TO ACT AS PER THE ORDERS DATED 01/04/2024 IN COMPLAINT NO.CMP/220523/0009507 (ANNEXURE-E) AND ORDERS DATED 03/06/2024 BEARING NO. RERA.KANDAYA/9507/2023-24/2657 (ANNEXURE-F) U/S 161 OF THE KARNATAKA LAND REVENUE ACT, ii) DIRECT THE RESPONDENTS TO CONCLUDE THE RECOVERY OF THE SAID ARREARS OF LAND REVENUE EXPEDITIOUSLY WITHIN A PERIOD OF 4 WEEKS iii) DIRECT THE RESPONDENTS TO BEAR THE COSTS OF THIS PETITION. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER 1. Petitioner is before this Court seeking the following prayers: WHEREFORE, the Petitioner prays that this Hon'ble Court may be pleased to: i. Issue a Writ of Mandamus or any other Writ, to direct the Respondents to act as per the orders dated 01.04.2024 in Complaint No.: CMP/220523/0009507 (Annexure E) and - 3 - NC: 2025:KHC:16508 WP No. 7705 of 2025 orders dated 03.06.2024 bearing no. RERA.Kandaya/9507/2023-24/2657 (Annexure F) under Section 161 of the Karnataka Land Revenue Act, and ii. Issue a Writ of Mandamus to direct the Respondents to conclude the recovery of the said arrears of Land Revenue expeditiously within a period of 4 weeks. iii. Issue a Writ directing the Respondents to bear the costs of this Petition, iv. Grant such other and further reliefs as are just depending upon the facts of the case and in the interest of justice and equity. 2. The petitioner was before the K.RERA alleging that the Builder has defaulted in time line for delivery of property and the RERA had passed an order of compensation on the ground of delay along with interest. This is sought to be executed. 3. Learned counsel for petitioner submits that the Co- Ordinate Bench of this Court in identical cases has passed the following order: In WP No. 6545 of 2023 ORDER The short grievance of the Petitioner is as to the longevity of the Process Execution 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. - 4 - NC: 2025:KHC:16508 WP No. 7705 of 2025 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 three months failing which heavy costs personably payable may be levied on an appropriate application being moved by the Petitioner. Now, no costs. In WP No. 6597 of 2022 ORDER The subject matter of this Writ Petition is substantially similar to the one in W.P.No.54730/2014 (LA-RES) between ERROL JOHN NORONHA & OTHERS vs THE STATE OF KARNATAKA & ANOTHER, disposed off by this Court on 30.05.2023, wherein some reprieve has been granted to the litigants therein at paragraph no.7 and therefore, similar relief needs to be granted to the Petitioners, is the submission of their learned counsel. Though the learned AGA opposed the Writ Petition, this Court does not find any difference in fact matrix or legal matrix of both the cases. 2. The Division Bench of this Court in W.A.Nos. 932- 933/1974 between A.V.VINODA & ANOTHER VS. STATE OF KARNATAKA BY ITS COMMISSIONER & SECRETARY disposed of on 11.12.1974, has held that the Court should treat the like-cases alike and if relief is granted to a litigant it has to be extended to a similarly circumstanced litigant as well, there being no derogatory circumstances. - 5 - NC: 2025:KHC:16508 WP No. 7705 of 2025 In view of the above, this Writ Petition is allowed; the 1st & 2nd Respondents are directed to accomplish the implementation of the subject K-RERA orders enlisted in paragraph no.8 of the Writ Petition and report compliance to the Registrar General of this Court within an outer limit of three months may be levied on appropriate application being moved by the Petitioners. Now, no costs. In WP No. 23585 of 2021 ORDER The short grievance of the petitioner is as to long pendency of implementation of KRERA order at the hands of the first respondent-Deputy Commissioner. Learned counsel for the petitioner submits that in a catena of decisions, this Court has prescribed a period of three months for the implementation of orders of the kind; however, the order remains unimplemented indefinitely and therefore Respondent Nos. 1 & 2 be directed to Implement the same in a time bound way. 2. Learned AGA appearing for the respondents oppose the petition contending that Deputy Commissioners of District happen to be ex officio officers under 13 State legislations and 6 Central legislations. They shoulder enormous workload and therefore, request for prescribing timeline is not desirable. dismissal of writ petition. So contending he seeks 3. Having heard the learned counsel for the parties and having perused the petition papers, this Court is inclined to accord with the submission of learned counsel appearing for the petitioner keeping in view the object of Real Estate (Regulation and Development) Act, 2016. In similar matters this court has ordinarily prescribed three months for implementation of the orders of the kind and there are no special circumstances that would place this case in a class apart. - 6 - NC: 2025:KHC:16508 WP No. 7705 of 2025 In view of the above, this writ petition is allowed. Respondent Nos. 1 & 2 are directed to implement order dated 08.01.2019 passed by Karnataka Real Estate Regulatory Authority within an outer limit of three months and report compliance to the Registrar General of this Court, failing which, on a memo being moved, the incumbents of the office of the said respondents may be saddled with heavy costs personally payable. It is open to the answering Respondents to solicit any information/documents from the side of the Petitioner for due implementation of the subject order; however, in the guise of such solicitation, no delay shall be brooked. 4. In the light of the identical orders passed by the Co- ordinate Bench, I deem it appropriate to dispose of the writ petition with direction as is directed by the Co-ordinate Bench. 5. In view of the above, this writ petition is allowed. Respondent Nos. 2 & 3 are directed to implement order dated 01.04.2024 passed by Karnataka Real Estate Regulatory Authority within an outer limit of three months and report compliance to the Registrar General of this Court, failing which, on a memo being moved, the incumbents of the office of the said respondents may be saddled with heavy costs personally payable. - 7 - NC: 2025:KHC:16508 WP No. 7705 of 2025 6. It is open to the answering Respondents to solicit any information/documents from the side of the Petitioner for due implementation of the subject order; however, in the guise of such solicitation, no delay shall be brooked. 7. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE tsn* List No.: 1 Sl No.: 24