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2025 DAILYLAW 39885 (KAR)

ASHIT HEGDE v. THE STATE OF KARNATAKA

WP/30409/2025 · 2025-11-13

Suraj Govindaraj

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:46206 WP No. 30409 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 30409 OF 2025 (GM-RES) BETWEEN: 1. ASHIT HEGDE S/O VENKAPPA HEGDE AGED 57 YEARS A-3, RATNA CHS, 186 VIR SAVARKAR MARG MAHIM, MUMBAI 400016, MAHARASHTRA. …PETITIONER (BY SMT. KARISHMA NAGHNOOR, ADVOCATE FOR SRI. PRASHANT DHARMASINH POPAT., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS DEPUTY COMMISSIONER KEMPEGOWDA ROAD BEHIND KANDAYA BHAVANA BENGALURU URBAN DISTRICT BENGALURU- 560009. 2. THE SPECIAL TAHSILDAR ANEKAL TALUK, ANEKAL-562106. 3. M/S SANCHAYA LAND AND ESTATE PVT. LTD., NO. 479, HMT LAYOUT, R T NAGAR NEAR RT NAGAR BUS DEPOT BANGALORE 560032 COMPANY INCORPORATED UNDER THE COMPANIES ACT 2013 REP BY ITS MANAGER. …RESPONDENTS Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:46206 WP No. 30409 of 2025 (BY SMT. SARITHA KULKARNI, AGA FOR R1: V/O DATED: 13.11.2025 NOTICE TO R2 IS DISPENSED WITH) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT NOS. 1 AND 2 TO TAKE IMMEDIATE STEPS TO ENFORCE THE EXECUTION ORDERS DATED: 31/03/2021 (ANNEXURE-F) AND 24/05/2024 (ANNEXURE- G) AND THEREBY COMPEL RESPONDENT NO. 3 TO COMPLY WITH THE BINDING ORDER DATED 19/10/2020 VIDE ANNEXURE-D PASSED BY THE KARNATAKA REAL ESTATE REGULATORY AUTHORITY IN ACCORDANCE WITH THE REPRESENTATION MADE BY THE PETITIONER ON 14/03/2025 (ANNEXURE -J) AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. Learned AGA accepts notice for respondent Nos.1 and 2 2. Petitioner is before this court seeking for the following reliefs: a) Issue a Writ of Mandamus directing Respondent Nos. 1 and 2 to take immediate steps to enforce the Execution Orders dated 31/03/2021 (Annexure F) and 24/05/2024 (Annexure-G) and thereby compel - 3 - HC-KAR NC: 2025:KHC:46206 WP No. 30409 of 2025 Respondent No.3 TO comply with the binding order dated 19/10/2020 vide Annexure-D passed 19/10/2020 the Karnataka Real Estate Regulatory Authority in accordance with the Representation made by the Petitioner on 14/03/2025 (Annexure J). b) Pass any such other Writ, Order/s or Directions that this Hon'ble Court deems just in the circumstances of the case, in the interest of justice and equity. 3. The grievance of the petitioner is that the recovery certificate issued by RERA under Section 40 of the RERA Act for recovery of the amounts so directed as arrears of land revenue has not been considered as no orders have been passed by respondent No.2. 4. Whenever any recovery certificate is issued, it would be the duty of the jurisdictional Deputy Commissioner to act on the same and recover the amounts as arrears of land revenue as expeditiously as possible. Since nothing having been done, I pass the following order: - 4 - HC-KAR NC: 2025:KHC:46206 WP No. 30409 of 2025 ORDER a) Writ petition is allowed. b) A mandamus is issued directing the respondent No.2 to act on the recovery certificate dated 24.05.2024 at Annexure-G and recover the amount, subject matter of the recovery certificate, as expeditiously as possible, preferably within a period of eight weeks from the date of receipt of a copy of this order. c) Petitioner is at liberty to furnish the details of the properties owned by respondent No.3 to respondent No.2 along with supporting documents SD/- (SURAJ GOVINDARAJ) JUDGE DM LIST NO.: 1 SL NO.: 5