- 1 - HC-KAR NC: 2025:KHC:48610 WP No. 35230 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 35230 OF 2025 (GM-RES) BETWEEN: MR. WALTER PRADIP FERNANDES SON OF MR. RICHARD ELIAS FERNANDES, AGED ABOUT 50 YEARS RESIDING AT C 1203, ROYAL EMBASSY, END POINT ROAD, UDUPI - 576 104. …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 SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:48610 WP No. 35230 of 2025 4. M/s.HOSKOTE NEO HOMES LIMITED THROUGH ITS DIRECTORS/AUTHORISED REPRESENTATIVES, REGISTERED OFFICE AT NO. 110/37, SOLITAIRE BUILDING SERVICE ROAD, OUTER RING ROAD MARATHAHALLI, BENGALURU-560037 (REGD. UNDER REAL ESTATE REGULATION AND DEVELOPMENT ACT) …RESPONDENTS (BY SRI. SIDARTH BABU RAO, AGA FOR R1 TO R2, SRI.K.RAJASHEKAR, ADVOCATE FOR R3, V/O DATED 25.11.2025 NOTICE TO R4 IS DISPENSED WITH) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSITUTION OF INDIA PRAYING TO 1. ISSUE A WRIT OF MANDAMUS, DIRECTING RESPONDENT NO.2 TO IMPLEMENT THE ORDER DATED 16.09.2025 IN NO. RERA/REVENUE/12/2025-26/3437 AND RECOVERY CERTIFICATE DATED 16.09.2025 IN NO. RERA/REVENUE/12/2025-26 PASSED BY THE RESPONDENT NO.3 IN FAVOUR OF THE PETITIONERS VIDE ANNEXURE - A AND B RESPECTIVELY. 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. Sri.Rajshekhar K., learned counsel is directed to accept notice for respondent No.3. - 3 - HC-KAR NC: 2025:KHC:48610 WP No. 35230 of 2025 3. Notice to respondent No.4 is dispensed with since there is no particular submission that respondent No.4 needs to be heard in the present matter. 4. Petitioner is before this Court, seeking for the following relief: "Issue a Writ of Mandamus, directing respondent No.2 to implement the order dated 16.09.2025 in no. RERA/REVENUE/12/2025-26/3437 and recovery certificate dated 16.09.2025 in No.RERA/REVENUE/12/2025-26 passed by the respondent No.3 in favour of the petitioners vide Annexure - A and B respectively". 5. The grievance of the petitioner is that the order and recovery certificate issued by respondent No.3 on 16.09.2025 in terms of Annexures-A and B have not been implemented till date. 6. Learned AGA submits that a post of Special Deputy Commissioner has been created who would be looking into these kind of matters and necessary action would be taken within eight weeks' time. In that view of the matter, I pass the following: - 4 - HC-KAR NC: 2025:KHC:48610 WP No. 35230 of 2025 ORDER 1. Writ petition is allowed. 2. Mandamus is issued to respondent No.2 to implement the order dated 16.09.2025 and Recovery certificate dated 16.09.2025 at Annexures-A and B within a period of eight weeks from today. 3. Learned counsel for the petitioner is at liberty to furnish list of movable and immovable properties of respondent No.4 to respondent No.2 along with supporting documents. SD/- (SURAJ GOVINDARAJ) JUDGE SBN List No.: 1 Sl No.: 19