- 1 - NC: 2025:KHC:16839 WP No. 8721 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 8721 OF 2025 (GM-RES) BETWEEN: MR. GOPAKUMAR K.B. MENON, SON OF MR. K.R. BALAKRISHNA MENON, AGED ABOUT 48 YEARS, RESIDING AT NO. 890, C-BLOCK, 2ND MAIN, AECES LAYOUT, BENGALURU - 560 037. …PETITIONER (BY SRI. ANKUR TRIPATHI, ADVOCATE) AND: 1. STATE OF KARNATAKA, DEPARTMENT OF REVENUE, M.S. BUILDING, BENGALURU - 560 001. REPRESENTED BY ITS PRINCIPAL SECRETARY. 2. DEPUTY COMMISSIONER, BANGALORE CITY DISTRICT, KANDAYA BHAVANA, K.G. ROAD, BENGALURU - 560 009. 3. KARNATAKA REAL ESTATE REGULATORY AUTHORITY, 2ND FLOOR, SILVER JUBILEE, BLOCK UNIT BUILDING, CSI COMPOUND, BENGALURU - 560 027, REPRESENTED BY ITS SECRETARY. Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC:16839 WP No. 8721 of 2025 4. M/S. MANAR DEVELOPERS PRIVATE LIMITED, THROUGH ITS DIRECTORS/AUTHORISED REPRESENTATIVES, REGISTERED OFFICE AT 1090/1, 18TH CROSS ROAD, HSR LAYOUT, SECTOR-3, OPP. TO MCDONALD SERVICE ROAD, BENGALURU - 560 102. (REGD. UNDER COMPANIES ACT) 5. M/S CITRUS VENTURES PRIVATE LIMITED, THROUGH ITS DIRECTORS/AUTHORISED REPRESENTATIVES, REGISTERED OFFICE AT: NO.1/A, ULSOOR ROAD, BBMP NO. 81, BENGALURU - 560 042. (REGD. UNDER COMPANIES ACT) …RESPONDENTS (BY SRI. MOHAMMED JAFFAR SHAH, AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE R- 2 TO IMPLEMENT THE ORDER DATED 24.10.2024 IN NO. RERA/REVENUE/8459/2024-25/2909 AND RECOVERY CERTIFICATE DATED 24.10.2024 IN NO. RERA/REVENUE /8459/2024-25 PASSED BY THE R-3 IN FAVOUR OF THE PETITIONER VIDE ANNX-A AND B RESPECTIVELY. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC:16839 WP No. 8721 of 2025 CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER Heard the learned counsel Sri. Ankur Tripathi, appearing for the petitioner and Sri. Mohammed Jaffar Shah, the learned Additional Government Advocate appearing for the respondents. 2. The petitioner is before this Court, seeking for the following prayer: "a. Issue a Writ of Mandamus, directing Respondent No.2 to implement the Order dated 24.10.2024 in No.RERA/Revenue/8459/2024-25/2909 and Recovery Certificate dated 24.10.2024 in No.RERA/ Revenue/8459/2024-25 passed by Respondent No.3 in favour of the Petitioner vide ANNEXURE - A & B respectively. b. Issue any other Writ or Order or direction that deems fit to grant in circumstances of the case in the interest of Justice and Equity" 3. Learned counsel appearing for the petitioner would submit that the issue in the lis stands covered by the judgment rendered by the Co-ordinate Bench of this Court in W.P.No.6597/2022 disposed on 05.07.2023, wherein it has held as follows: “The subject matter of this Writ Petition is substantially similar to the one in - 4 - NC: 2025:KHC:16839 WP No. 8721 of 2025 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. 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.” 4. In the light of the issue standing covered by judgment rendered by the Co-ordinate Bench, the petition stands disposed on the same terms. - 5 - NC: 2025:KHC:16839 WP No. 8721 of 2025 5. It is open to the respondent -State to solicit any information from the hands of the petitioner with regard to the property of the respondent - developers/builders and if sought for, the petitioner shall forthwith furnish those documents to the Deputy Commissioner. Sd/- (M.NAGAPRASANNA) JUDGE JY List No.: 2 Sl No.: 24 CT: BHK