- 1 - HC-KAR NC: 2025:KHC:48474 WP No. 34304 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 34304 OF 2025 (GM-RES) BETWEEN: 1. DIENSH SINGH RAJPUT S/O JAWAHAR SINGH RAJPUT, AGED ABOUT 50, RESIDING AT TOWER NO. 11, FLAT NO.504, PURVA ZENIUM, HOSAHALLI, BENGALURU - 562 157. 2. SMT. VANDANA RAJPUT W/O DINESH SINGH RAJPUT AGED ABOUT 46, RESIDING AT TOWER NO. 11, FLAT NO.504, PURVA ZENIUM, HOSAHALLI BENGALURU - 562 157. &PETITIONERS (BY SRI. HIREMATH PRAVEENKUMAR APPAYYA, ADVOCATE) AND: 1. DEPUTY COMMISSIONER BANGALORE URBAN DISTRICT, KANDAYA BHAVAN, K.G. ROAD, BENGALURU - 560 009. 2. THE THASILDAR, OFFICE OF THE TAHSILDAR BANGALORE NORTH TALUQ, Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:48474 WP No. 34304 of 2025 KANDAYA BHAVAN, K.G. ROAD, BENGALURU - 560 009. 3. OZONE URBANA INFRA DEVELOPERS PVT. LTD., REP. BY ITS DIRECTOR NO.38, ULSOOR ROAD , BENGALURU - 560 042 (REGISTERED UNDER COMPANIES ACT) &RESPONDENTS (BY SRI. SIDDARTH BABURAO, AGA) *** THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO- DIRECT RESPONDENT NO.1 AND 2 TO EXECUTE THE REVENUE RECOVERY CERTIFICATE DATED 11.08.2025 BEARING RERA/KANDAYA/388/2025-26/3404 VIDE ANNEXURE-B, ETC., THIS WRIT 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 Additional Government Advocate accepts notice for respondent Nos.1 and 2. Notice to respondent No.3 is dispensed with, since there is no particular contention that respondent No.3 can take up in the present proceedings. - 3 - HC-KAR NC: 2025:KHC:48474 WP No. 34304 of 2025 2. Petitioners are before this Court seeking for the following reliefs: " i. Issue an appropriate writ, order, or direction in the nature of a writ of mandamus or any other direction directing Respondent No.1 and 2 to execute the Revenue Recovery Certificate dated 11.08.2025 bearing RERA/KANDAYA/388/2025-26/3404 vide Annexure B. ii. Issue a writ of mandamus or any other appropriate writ direction, or order directing the Respondent No.1 and 2 to forthwith take appropriate, prompt, and expeditious steps in the exercise of their powers of attachment and sale of assets belonging to the Respondent No.03. iii. Issue a writ of mandamus or any other appropriate writ direction, or order directing the Respondent No.1 and 2 to report compliance of the steps taken by them in exercise of their powers under the Real Estate Regulatory Act, 2016 in respect of the Revenue Recovery Certificate dated 11.08.2025 bearing RERA/KANDAYA/388/ 2025-26/3404 vide Annexure B issued by the K-RERA in pursuant to its judgment dated 12.05.2025 at Annexure A. iv. Issue guidelines/ directions to Respondent No. 1 & 2 for the execution of the Revenue Recovery Certificate issued by K-RERA under section 40(1) of Real Estate Regulatory Act, 2016 in a time bound manner. v. Grant any other reliefs and pass such other order / orders as deemed fit in the facts and circumstances of the case, in the interests of justice." 3. The grievance of the petitioners is that the Recovery Certificate issued by the Real Estate Regulatory Authority (RERA), under Section 40 (1) of the - 4 - HC-KAR NC: 2025:KHC:48474 WP No. 34304 of 2025 Karnataka Real Estate (Regulation and Development) Act, 2016 (hereinafter referred to as 'RERA' for short), has not been implemented by respondent Nos.1 and 2 and the amounts not recovered as arrears of land revenue. 4. This Court, in several matters has held that, whenever a Recovery Certificate is issued under Section 40 of the RERA, it is required for the jurisdictional Deputy Commissioner and/or the Tahsildar to implement the said order and recover the money by way of arrears of land revenue, within a reasonable period of time. 5. According to the petitioners, no action has been taken in spite of the said order. 6. As such, I pass the following: ORDER (i) Writ Petition is allowed; - 5 - HC-KAR NC: 2025:KHC:48474 WP No. 34304 of 2025 (ii) A Mandamus is issued to the respondent Nos.1 and 2 to immediately comply with the order dated 11.08.2025 passed under Section 40 (1) of the Karnataka Real Estate (Regulation and Development) Act, 2016, at Annexure C, in No.RERA/ Revenue/ 388/ 2025-26 / 3404 and recover the amount mentioned therein as arrears of land revenue, within a period of eight weeks from today. (iii) The petitioners are permitted to furnish a list of movable and immovable properties owned by respondent No.3, to respondent Nos.1 and 2, along with supporting documents, which shall be acted upon by respondent Nos. 1 and 2. SD/- (SURAJ GOVINDARAJ) JUDGE BMV* List No.: 1 Sl No.: 21