- 1 - NC: 2025:KHC:16838 WP No. 8975 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. 8975 OF 2025 (GM-RES) BETWEEN: MR. SUKKRISH KUMAR, S/O SRI. PURUSHOTHAMAN, AGED ABOUT 34 YEARS, NO.91/41, RENGANAGAR, 2ND MAIN ROAD, KK NAGAR, TIRUCHIRAPPALLI - 620 021. …PETITIONER (BY SRI. RAVI S.K, ADVOCATE) AND: 1. DEPUTY COMMISSIONER, BENGALURU URBAN DISTRICT, OFFICE AT KANDAYA BHAVANA, K.G. ROAD, BENGALURU - 560 009. 2. TAHASILDHAR, BENGALURU NORTH TALUK, OFFICE AT KANDAYA BHAVANA, KG ROAD, BENGALURU - 560 009. 3. M/S. COLUMBIA DEVELOPERS PRIVATE LIMITED, (PRIVATE LIMITED COMPANY INCORPORATED UNDER THE COMPANIES ACT) REP. BY ITS BOARD OF DIRECTORS, REGD. OFFICE AT 3RD FLOOR, Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC:16838 WP No. 8975 of 2025 BELAKU COMPLEX, SINGASANDRA, HOSUR MAIN ROAD, BENGALURU - 560 068. …RESPONDENTS THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE R- 1 AND 2 TO EXECUTE THE REVENUE RECOVERY CERTIFICATE DATED 2.04.2024 BEAIRNG NO. RERA/KANDYA/7872/2023- 24/2547 VIDE ANNX-C ISSUED BY THE KARNATAKA REAL ESTATE REGULATORY AUTHORITY IN PURSUANT TO ITS JUDGMENT DATED 17.10.2023 AT ANNX-A IN COMPLAINT FILED BY THE PETITIONER IN A TIME BOUND MANNER AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER Heard Shri Ravi S.K., learned counsel appearing for the petitioner. 2. The petitioner is before this Court, seeking for the following prayers: A) Issue an appropriate writ, order, or direction in the nature of a writ of mandamus or any other direction directing Respondents No. 1 & 2 to execute the Revenue Recovery Certificate dated 02.04.2024 bearing no. RERA - 3 - NC: 2025:KHC:16838 WP No. 8975 of 2025 /Kandaya/7872/2023-2024/2547 vide Annexure-C issued by the Karnataka Real Estate Regulatory Authority in pursuant to its judgment dated 17.10.2023 at Annexure-A in complaint filed by the Petitioner in a time - bound manner; B) Issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, direction or order under Article 226 of the Constitution of India ordering and directing Respondent Nos.1 & 2 to forthwith take appropriate, prompt, and expeditious steps in the exercise of their powers of attachment and sale of assets belonging to the Respondent No.3. C) Issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, direction, or order under Article 226 of the Constitution of India directing Respondent No.1 & 2 to report compliance of the steps taken by them in exercise of their powers under the Real Estate Regulatory Act, 2016 in respect of the Revenue Recovery Certificate dated 02.04.2024 bearing no. RERA /Kandaya/7872/2023-2024/2547 vide Annexure-C issued by the Karnataka Real Estate Regulatory Authority in pursuant to its judgment dated 17.10.2023 at Annexure - A. D) Issuing guidelines / directions to Respondent Nos. 1 & 2 for the Execution of the Revenue Recovery Certificate issued by the Karnataka Real Estate Regulatory Authority under section 40(1) of Real Estate Regulatory Act, 2016 in a time bound manner, and E) Pass any other or order/ direction this Hon'ble Court deems fit in the present facts and circumstances. 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 - 4 - NC: 2025:KHC:16838 WP No. 8975 of 2025 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 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.” - 5 - NC: 2025:KHC:16838 WP No. 8975 of 2025 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. 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.: 26 CT: BHK