- 1 - HC-KAR NC: 2025:KHC:47396 WP No. 16877 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. 16877 OF 2025 (GM-RES) BETWEEN: 1. DR. N. H. ILYAS AHAMED AGED 54 YEARS S/O LATE N R MOHAMMED HUSSAIN RESIDING AT NO.718 CMH ROAD, INDIRA NAGAR BENGALURU-560 038. REP. BY HIS PA HOLDER SRI RIYAZ AHMED S/O LATE N R MOHAMMED HUSSAIN AGED 59 YEARS. …PETITIONER (BY SRI. PUNDIKAI ISHWARA BHAT., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF REVENUE VIDHANA SOUDHA BENGALURU - 560 001. 2. THE DEPUTY COMMISSIONER BENGALURU URBAN DISTRICT KANDAYA BHAVAN K G ROAD, BENGALURU -560 001. 3. M/S REDIFICE DEVELOPERS INDIA PVT. LTD., A COMPANY INCORPORATED UNDER THE PROVISIONS OF THE COMPANIES ACT, 1956 HAVING ITS OFFICE AT NO.6, LEVEL 4 BOWRING HOSPITAL ROAD Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:47396 WP No. 16877 of 2025 SHIVAJINAGAR BENGALURU-560001 REP. BY ITS DIRECTOR MR. SALMAN KHALID …RESPONDENTS (BY SMT. SARITHA KULKARNI, AGA FOR R1 & R2: V/O DATED:30.06.2025 NOTICE TO R3 IS DEFERRED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO (A) DIRECTION TO THE 2ND RESPONDENT/DEPUTY COMMISSIONER, BENGALURU TO EXECUTE THE ORDER DATED 29.05.2024 PASSED BY THE KARNATAKA REAL ESTATE REGULATORY AUTHORITY IN COMPLAINT NO.CMP/221201/0010416 AND TO RECOVER THE AMOUNT SHOWN IN THE ORDER DATED 05.10.2023 FROM THE RESPONDENT NO.3 AND DEPOSIT THE SAME IN THE OFFICE ACCOUNT. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The Petitioner is before this Court seeking for the following reliefs; (a) “Issue a Writ of Mandamus or any other appropriate with or direction to the 2nd respondent/deputy commissioner, bengaluru to execute the order dated 29.05.2024 passed by the Karnataka Real Estate Regulatory Authority in complaint no.CMP/221201/0010416 and to recover the amount shown in the order dated 05.10.2023 from the respondent no.3 and deposit the same in the office account. (b) Grant such other and further relief deems fit to grant in the circumstances of the case, in the interest of justice and equity.” - 3 - HC-KAR NC: 2025:KHC:47396 WP No. 16877 of 2025 2. The grievance of the Petitioner is that the recovery certificate issued by the Karnataka Real Estate Regulatory Authority (hereinafter referred to as ‘RERA’ for short), under Section 40 of the Real Estate (Regulation and Development) Act, 2016 (hereinafter referred to as ‘the RERA Act’ for short), has not been implemented by Respondent No.2. It is in that background that the Petitioner is before this Court seeking for the aforesaid reliefs. 3. Learned AGA submits that a Special Deputy Commissioner has now been appointed to enforce any recovery certificate issued by RERA and necessary action would be taken by a Special Deputy Commissioner given 30 days' time. 4. Placing her submission on record, I pass the following: ORDER (a) Writ petition is allowed. - 4 - HC-KAR NC: 2025:KHC:47396 WP No. 16877 of 2025 (b) A mandamus is issued directing Respondent No.2-Deputy Commissioner or the Special Deputy Commissioner, who has been so appointed now to take effective steps for recovering the amounts covered under the recovery certificate dated 29.05.2024 at Annexure-B as expeditiously as possible, preferably within a period of 60 days from the date of receipt of a certified copy of this order. (c) The petitioner is also permitted to furnish the list of properties owned by Respondent No.3 along with supporting documents to Respondent No.2, which shall be acted upon by Respondent No.2. SD/- (SURAJ GOVINDARAJ) JUDGE KTY List No.: 1 Sl No.: 58