- 1 - HC-KAR NC: 2025:KHC:47717 WP No. 27835 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 27835 OF 2025 (GM-RES) BETWEEN: MR. NANDA KISHORE M.P, AGED ABOUT 43 YEARS, SON OF MR. PREMKUMAR M P, CURRENTLY RESIDING AT NO. 209/30/1, 9TH MAIN, SRINAGAR, NEAR VENKATESHWARA SWAMY TEMPLE, BANGALORE - 560 050. …PETITIONER (BY SRI. RAJKUMAR M.D, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS DEPUTY COMMISSIONER, BANGALORE URBAN DISTRICT, BENGALURU - 560 001. 2. THE SPECIAL TAHASILDAR BENGALURU NORTH TALUK, KANDAYA BHAVAN, GROUND FLOOR, K.G. ROAD, BENGALURU - 560 009 3. M/S VENKATESHWARA INFRA PROJECTS A SOLE PROPRIETORSHIP, NO. 631/118, 9TH MAIN ROAD, PRAKASH NAGAR, BENGALURU - 560 021 Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:47717 WP No. 27835 of 2025 REPRESENTED BY ITS PROPRIETOR, MR. G P GANESH REG. UNDER COMPANIES ACT 1956. 4. KARNATAKA REAL ESTATE REGULATORY AUTHORITY THROUGH ITS CHAIRMAN, SECOND FLOOR, SILVER JUBLIEE BLOCK MISSION ROAD, BENGALURU - 560 027. …RESPONDENTS (BY SMT. SARITHA KULKARNI, AGA FOR R1 AND R2; SRI. K. RAJASHEKAR, ADVOCATE FOR R4) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TOA. ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER, OR DIRECTION, DIRECTING THE RESPONDENT NOS. 1 TO 2 TO PROMPTLY TAKE ALL NECESSARY ACTIONS TO ENFORCE THE ORDER DATED 03/05/2024 PASSED BY THE RESPONDENT NO. 4 IN COMPLAINT NO. CMP/UR/210701/0008088 AT ANNEXURE A AND THE REVENUE RECOVERY CERTIFICATE DATED 28/03/2025 AT ANNEXURE B, IN ACCORDANCE WITH THE KARNATAKA LAND REVENUE ACT, 1964 AND RULES 1966 AND RECOVER THE PAYMENTS DUE FROM THE RESPONDENT NO. 3 TO THE PETITIONER AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ - 3 - HC-KAR NC: 2025:KHC:47717 WP No. 27835 of 2025 ORAL ORDER 1. Learned Additional Government Advocate accepts notice for respondent Nos.1 and 2. Notice to respondent No.3 is not required to be heard in the matter. 2. Sri. Rajashekar K., learned counsel is directed to accept notice for respondent No.4. 3. The petitioner is before this Court seeking for the following reliefs: (a) Issue a Writ of Mandamus or any other appropriate writ, order, or direction, directing the Respondent Nos. 1 to 2 to promptly take all necessary actions to enforce the Order dated 03/05/2024 passed by the Respondent No. 4 in Complaint No. CMP/UR/210701/0008088 at Annexure A and the Revenue Recovery Certificate dated 28/03/2025 at Annexure B, in accordance with the Karnataka Land Revenue Act, 1964 and rules 1966 and recover the payments due from the Respondent No. 3 to the Petitioner. (b) Grant any other relief that this Hon'ble Court may deem fit and proper in the facts and circumstances of the case and in the Interests of justice and equity. 4. The grievance of the petitioner is that the recovery certificate issued by respondent No.4 under Section 40 of - 4 - HC-KAR NC: 2025:KHC:47717 WP No. 27835 of 2025 the Real Estate (Regulation and Development) Act, 2016 (for short, "RERA Act") vide order dated 03.05.2024 has not been complied with by respondent No.2 and the amounts mentioned therein have not been recovered as arrears of the land revenue. 5. Learned Additional Government Advocate submits that a Special Deputy Commissioner has been appointed to handle these kind of matters. A standard operating procedure is also being developed and in future necessary action would be taken at the earliest. 6. In that view of the matter, I pass the following: ORDER i) The writ petition is allowed. ii) A mandamus is issued directing respondent No.2 to act on the Recovery Certificate dated 03.05.2024 passed by respondent No.4 and take necessary action to recover the amounts mentioned therein within a period of 60 days from the date of receipt of a copy of this order. - 5 - HC-KAR NC: 2025:KHC:47717 WP No. 27835 of 2025 iii) The petitioner is also permitted to furnish details of the property owned by respondent No.3 along with supporting documents to respondent No.2. SD/- (SURAJ GOVINDARAJ) JUDGE GJM List No.: 1 Sl No.: 32