- 1 - HC-KAR NC: 2025:KHC:42214 WP No. 30580 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 30580 OF 2025 (GM-RES) BETWEEN: 1. SUSHANTH MONTERIO AGED 35 YEARS S/O JOHN VICTOR MONTEIRO GLORIA VILLA SEETHANGOLI, BADIAKHA ROAD, BELA, KASARGOD, KERALA 671 321. 2. KAVITA SERRAO AGED 35 YEARS S/O JOHN VICTOR MONTEIRO GLORIA VILLA SEETHANGOLI, BADIAKHA ROAD, BELA, KASARGOD, KERALA 671 321. …PETITIONERS (BY SRI. SATHIES KUMAR S, ADVOCATE) AND: 1. STATE OF KARNATAKA THROUGH THE DEPUTY COMMISSIONER, BENGALURU URBAN DISTRICT, BENGALURU-560009 2. THE SPECIAL TAHSILDAR BANGALORE NORTH TALUK, KANDHAYA BHAVAN, K G ROAD, BENGALURU-560009 3. OZONE URBANA INFRA DEVELOPERS PRIVATE Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:42214 WP No. 30580 of 2025 LIMITED, A COMPANY INCORPORATED UNDER COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT NO. 38, ULSOOR ROAD, BENGALURU-560042 REPTD BY IS MANAGING DIRECTOR 4. BANGALORE RURAL DEPUTY COMMISSIONER BANGALORE RURAL DISTRICT, DISTRICT OFFICE COMPLEX, BEERASANDRA VILLAGE, DEVANAHALLI TALUK 562110 5. TAHSILDAR DEVANAHALLI, BANGALORE RURAL TALUK PANCHAYATH OFFICE DEVANHALLI, DEVANAHALLI TALUK, BANGALORE 562110. 6. VASUDEVAN SATHYAMOORTHY NO. 32, NORRIS ROAD, RICHMOND TOWN, BANGALORE-560025. 7. SATHYAMOORTHY SAI PRASAD NO. 32, NORRIS ROAD, RICHMOND TOWN, BANGALORE-560025 8. DURBHAKULA VAMSI SAI NO. 32, NORRIS ROAD, RICHMOND TOWN, BANGALORE-560025 9. SRINIVASSAN GOPALAN NO. 32, NORRIS ROAD, RICHMOND TOWN, BANGALORE-560025 10. SEEWOSAGAR NEMCHAND NO. 32, NORRIS ROAD, RICHMOND TOWN, - 3 - HC-KAR NC: 2025:KHC:42214 WP No. 30580 of 2025 BANGALORE-560025 11. RAJEEV BHARIDARI NO. 32, NORRIS ROAD, RICHMOND TOWN, BANGALORE-560025 12. PRIYA VASUDEVAN NO. 32, NORRIS ROAD, RICHMOND TOWN, BANGALORE-560025. …RESPONDENTS (BY SRI.SIDDARTH BABURAO, AGA) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT RESPONDENT NO. 1, 2, 4 AND 5 TO ENFORCE PAYMENT OF AMOUNTS DUE FROM R3 IN ACCORDANCE WITH THE PROCEDURE FOR RECOVERY PROVIDED UNDER THE PROVISIONS OF KARNATAKA LAND REVENUE ACT, 1964 AND RULES THEREUNDER, FOR ENFORCEMENT OF THE DIRECTIONS OF K- RERA ISSUED UNDER SECTION 40 (1) OF REAL ESTATE (REGULATION AND DEVELOPMENT) ACT, 2016 AND RULE 25 OF REAL ESTATE (REGULATION AND DEVELOPMENT) RULES 2017. 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. The petitioners are before this Court seeking for the following reliefs: "1. Issue an appropriate writ, order or direction in the nature of the writ of mandamus or any other writ, directing - 4 - HC-KAR NC: 2025:KHC:42214 WP No. 30580 of 2025 Respondent No. 1, 2, 4 and 5 to enforce payment of amounts due from respondent No.3 in accordance with the procedure for recovery provided under the provisions of Karnataka Land Revenue Act, 1964 and rules thereunder, for enforcement of the directions of K-RERA issued under section 40 (1) of Real Estate (Regulation And Development) Act, 2016 And Rule 25 Of Real Estate (Regulation And Development) Rules 2017. 2. Grant such other reliefs as this Hon'ble Court may deem fit in favour of the petitioner in the interest of Justice." 2. The petitioners having approached the Karnataka Real Estate Regulatory Authority (for short ‘RERA’), in its order dated 02.06.2025, the RERA had directed the developer to make payment of sum of Rs.1,13,22,967. Pursuant thereto, under Section 40(1) and (2) of the Real Estate (Regulation and Development) Act, 2016, a recovery certificate has been issued and the jurisdictional Deputy Commissioner has been directed to recover the said amount as arrears of land revenue. - 5 - HC-KAR NC: 2025:KHC:42214 WP No. 30580 of 2025 3. The grievance of the petitioner is that despite the said order having passed on 01.09.2025, the respondents have not taken any action. 4. In that view of the matter, I pass the following order: ORDER a) The writ petition is allowed. b) A mandamus is issued directing the respondent No.4 to take necessary action in pursuance of the order passed by the Karnataka Real Estate Regulatory Authority under Section 40(1) of the Real Estate (Regulation and Development) Act, 2016, within a period of 12 weeks from the date of receipt of copy of this order. SD/- (SURAJ GOVINDARAJ) JUDGE DM List No.: 1 Sl No.: 5