- 1 - HC-KAR NC: 2025:KHC:48471 WP No. 32593 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. 32593 OF 2025 (GM-RES) BETWEEN: SRI. SHIVANKAR SINGH S/O MR. SHIO SHANKAR SINGH, AGED ABOUT 33 YEARS, RESIDING AT NO. 306, 1ST FLOOR, 10TH MAIN, 14TH CROSS, INDIRANAGAR 2ND STAGE, BENGALURU - 560 038 &PETITIONER (BY SRI. HARSHITH V, ADVOCATE FOR SRI. JAGADISHCHANDRA KAMATH.K.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF REVENUE, VIDHANA SOUDHA, BENGALURU - 560 001. 2. THE SPECIAL THASILDAR ANEKAL TALUK, ANEKAL - 562 106. 3. THE SPECIAL DEPUTY COMMISSIONER, BENGALURU URBAN, BEHIND KANDAYA BHAVAN, K.G. ROAD, BENGALURU - 560 009. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:48471 WP No. 32593 of 2025 4. M/S. GULAM MUSTAFA ENTERPRISES PVT. LTD., NO.6, G.M. PEARL, 1ST STAGE, 1ST PHASE, BTM LAYOUT, BENGALURU - 560 068 REP. BY ITS DIRECTOR &RESPONDENTS (BY SMT. SARITHA KULKARNII, AGA FOR R1 TO R3; VIDE ORDER DATED 24.11.2025, NOTICE TO R4 IS DISPENSED WITH) *** THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO GRANT A WRIT OF MANDAMUS AGAINST THE RESPONDENT NO.2 AND 3 TO CONSIDER THE PETITIONER'S REPRESENTATIONS DATED 29.08.2025 AT ANNEXURE A SEEKING COMPLIANCE WITH THE RERA ORDER DATED 30.09.2025 AND INITIATION OF THE RECOVERY PROCESS AGAINST RESPONDENT NO.4 ALONG WITH APPLICABLE INTEREST AT ANNEXURE C IN ACCORDANCE WITH LAW IN THE INTEREST OF JUSTICE AND EQUITY, 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 to 3. Notice to respondent No.4 is dispensed with, since there is no particular contention that respondent No.4 can take up in the present proceedings. - 3 - HC-KAR NC: 2025:KHC:48471 WP No. 32593 of 2025 2. Petitioner is before this Court seeking for the following reliefs: "A. The Petitioner respectfully prays before this Hon'ble Court to grant a Writ of Mandamus against the Respondent No.2 & 3 to consider the Petitioner's representations dated 29.08.2025 at ANNEXURE - A seeking compliance with the RERA order 30.09.2025 and Initiation of the recovery process against Respondent No.4 along with applicable interest at ANNEXURE C in accordance with law in the interest of Justice and Equity. B. The Petitioner also prays before this Hon'ble Court to grant any other relief in favour of the Petitioner, as may be deemed fit to be considered in view of the above circumstances." 3. The grievance of the petitioner is that the Recovery Certificate issued by the respondent No.3/Special Deputy Commissioner, Bangalore City, under Section 40 (1) of the 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 - 4 - HC-KAR NC: 2025:KHC:48471 WP No. 32593 of 2025 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 petitioner, no action has been taken in spite of the said order. 6. As such, I pass the following: ORDER (i) Writ Petition is allowed; (ii) A Mandamus is issued to the respondent Nos.2 and 3 to immediately comply with the order dated 22.04.2025 passed under Section 40 (1) of the Karnataka Real Estate (Regulation and Development) Act, 2016, at Annexure D in No.M.S.C.(RERA)CR:02/25-26 and recover the amount mentioned therein as arrears of land - 5 - HC-KAR NC: 2025:KHC:48471 WP No. 32593 of 2025 revenue, within a period of eight weeks from today. (iii) The petitioner is permitted to furnish a list of movable and immovable properties owned by respondent No.4, to respondent Nos.2 and 3, along with supporting documents, which shall be acted upon by respondent Nos. 2 and 3. SD/- (SURAJ GOVINDARAJ) JUDGE BMV* List No.: 1 Sl No.: 11