- 1 - HC-KAR NC: 2025:KHC:45331 WP No. 27763 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 27763 OF 2025 (GM-RES) BETWEEN: MR. VARUN RAO B AGED ABOUT 36 YEARS, SON OF MR. GURURAJ RAO B, CURRENTLY RESIDING AT NO.238, 9TH MAIN ROAD, 5TH CROSS, HMT LAYOUT, 2ND BLOCK, VIDYARANYAPURA, BENGALURU- 560 097 …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 REPRESENTED BY ITS PROPRIETOR, MR. G P GANESH Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:45331 WP No. 27763 of 2025 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; NOTICE TO R3- D/W SRI. K. RAJASHEKAR., ADVOCATE FOR R4) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO THIS WP IS FILED PRAYING TO 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 13/02/2025 PASSED BY THE RESPONDENT NO. 4 IN COMPLAINT NO. CMP/UR/210906/0008304 ANNEXURE A AND THE REVENUE RECOVERY CERTIFICATE DATED 03/07/2025 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 IN B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. Petitioner is before this Court seeking for following relief:- "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 - 3 - HC-KAR NC: 2025:KHC:45331 WP No. 27763 of 2025 enforce the Order dated 13/02/2025 passed by the Respondent No.4 in Complaint No.CMP/UR/210906/0008304 at Annexure A and the Revenue Recovery Certificate dated 03/07/2025 vide No.RERA Kandaya/8304/2025-2026/3271 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." 2. The grievance of the petitioner is that the recovery certificate issued under sub-section (1) of Section 40 of the Real Estate (Regulation and Development) Act, 2016, Regulatory Authority has not been acted upon by respondent No.2 and the amounts mentioned in the recovery certificate has not been recovered by the Real Estate Bank. Whenever a recovery certificate is issued, it is the Government's duty on the part of the jurisdictional Deputy Commissioner and Tahsildar to take immediate action thereon and recover the moneys. 3. Same not having been done, I pass the following order:- i. Writ petition is allowed. ii. Respondent No.2 is directed to act on the recovery certificate issued in complaint No.CMP/UR/210906/0008304 within another 30 days from the date of receipt of copy of this order. - 4 - HC-KAR NC: 2025:KHC:45331 WP No. 27763 of 2025 iii. Petitioner is permitted to furnish the list of properties belonging to respondent No.3 to respondent No.2. SD/- (SURAJ GOVINDARAJ) JUDGE MH/- List No.: 1 Sl No.: 39