- 1 - HC-KAR NC: 2025:KHC:43084 WP No. 24886 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 24886 OF 2025 (GM-RES) BETWEEN: AMINTA REAL ESTATE PRIVATE LIMITED A COMPANY INCORPORATED UNDER COMPANIES ACT 1956 CIN U45200WB2016PTC217690 HAVING ITS REGISTERED OFFICE AT NO.4,FAIRLIE PLACE KOLKATTA 70 0001 ALSO HAVING BRANCH OFFICE AT FLAT NO.34, 3RD FLOOR 5TH MAIN ROAD, RMV 2ND STAGE NEW BEL ROAD, CHIKKAMARANAHALLI BENGALURU 560 094 REPRESENTED BY ITS AUTHORISED SIGNATORY MR. HEMANT LOYALKA SON OF LATE SANWAR MAL LOYALKA AGED ABOUT 51 YEARS …PETITIONER (BY SRI. PRAVEEN H P.,ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER BENGLAURU URBAN DISTRICT KANDAYA BHAVAN BENGALURU 560 009 2. THE TAHSILDAR BENGALURU NORTH TALUK KANDAYA BHAVAN GROUND FLOOR K G ROAD BENGALURU 560 009 Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:43084 WP No. 24886 of 2025 3. THE SPECIAL TAHSILDAR BENGALURU NORTH TALUK MINI VIDHANA SOUDHA 2ND FLOOR, YELAHANKA BENGALURU 560 064 4. RELIANCE HOME FINANCE A COMPANY INCORPORATED UNDER COMPANIES ACT, 1956 CIN-L67190MH2008PLC183216 REPRESENTED BY ITS BRANCH MANAGER HAVING OFFICE AT 1, SIR WILLIAM JONES SARANI, BARA BAZAR, BARABAZAR MARKET KOLKATA WEST BENGAL 700 071 …RESPONDENTS (BY SRI. SIDARTH BABURAO., AGA FOR R1 TO R3; V/O DT 21.08.2025 NOTICE TO R4 STANDS D/W) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI QUASHING THE PUBLICATION IN THE DAILY NEWSPAPER I.E., “ THE TIMES OF INDIA’ DATED 08.11.2023 ISSUED BY THE R1 TO R3 RESPONDENT VIDE ANNEXURE-A NO. MAC/RERA/CR/226/20-21 DTD. 07.11.23 IN RESPECT OF THE APARTMENT UNIT BEARING NO. B-3, MEASURING ABOUT 2947 SQ. FT OF SUPER BUILT UP AREA (CARPET AREA-2475 SQ. FT) WITH TWO COVERED CAR PARKING SPACES ALONG WITH 630 SQ. FT. OF UNDIVIDED SHARE, RIGHT, TITLE AND INTEREST IN KRSNA LABURNUM PROJECT CONSTRUCTED ON THE PROPERTY BEARING MUNICIPAL NO. 28/7, MEASURING A TOTAL EXTENT OF 30,081.50 SQ. FT. CARVED OUT OF ERSTWHILE SY. NO. 24/5 OF CHIKKAMARENAHALLI VILLAGE, KASABA HOBLI, BENGALURU NORTH TALUK PRESENTLY IN BBMP WARD NO. 100, SANJAYA NAGAR, BENGALURU, IN THE INTEREST OF JUSTICE AND EQUITY. C THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ - 3 - HC-KAR NC: 2025:KHC:43084 WP No. 24886 of 2025 ORAL ORDER 1. The petitioner is before this Court seeking for the following reliefs; A. Issue a writ in the nature of certiorari quashing the publication in the daily newspaper i.e. "The Times of India', dated: 08.11.2023, issued by the Respondent No. 1 to 3 vide ANNEXURE-A NO. MAC/RERA/CR/226/20-21 dated. 07.11.23 of the Apartment Unit bearing No. B-3, measuring about 2947 Sq. Ft of super built up area (Carpet Area-2475 Sq. Ft) with two covered car parking spaces along with 630 Sq. Ft. of undivided share, right, title and interest in 'KRSNA LABURNUM' project constructed on the property bearing Municipal No. 28/7, measuring a total extent of 30,081.50 Sq. Ft. carved out of erstwhile Sy. No. 24/5 of Chikkamarenahalli Village, Kasaba Hobli, Bengaluru North Taluk presently in BBMP ward No. 100, Sanjaya Nagar, Bengaluru, in the interest of justice and equity. B. Pass such other order as this Hon'ble Tribunal deems fit on the facts and circumstances of the case, including the award of costs, in the interest of justice and equity. 2. The petitioner is aggrieved by Respondents No.1 and 2 seeking to auction the property as regard which the petitioner has entered into an agreement of sale and paid entire consideration. The actions on the part of Respondents No.1 and 2 for auction of the property of the petitioner were taken in furtherance of a recovery certificate issued by the Real Estate Regulatory Authority in terms of Sub-section (1) of - 4 - HC-KAR NC: 2025:KHC:43084 WP No. 24886 of 2025 Section 40 of the Real Estate (Regulation and Development) Act, 2016. The said recovery certificate has been set aside by this Court by its order dated 09.01.2024 in RERA Appeal No.27/2023 and the matter has been remitted to the Appellate Tribunal. If that be so, when there is no recovery certificate in currency and force, the question of auctioning of the property of the petitioner would not arise. As such, I pass the following: ORDER i) The Writ Petition is allowed. ii) A certiorari is issued. The auction notification dated 08.11.2023 issued by Respondents No.1 to 3 at Annexure-A is quashed. SD/- (SURAJ GOVINDARAJ) JUDGE PRS List No.: 1 Sl No.: 62