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2025 DAILYLAW 69738 (KAR)

SHRI G KARTHIKEYAN v. DEPUTY COMMISSIONER

WP/1334/2024 · 2025-11-18

Suraj Govindaraj

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:47498 WP No. 1334 of 2024 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. 1334 OF 2024 (GM-RES) BETWEEN: SHRI G KARTHIKEYAN S/O LATE SHRI V GOVINDARAJU AGED ABOUT 49 YEARS, R/AT NO.16/17, PALAT SHANKARAN ROAD MAHALINGAPURAM, NINGAMBAKKAM CHENNAI-600034 …PETITIONER (BY SMT. KAVITHA DAMODARAN, ADVOCATE) AND: 1. DEPUTY COMMISSIONER BANGALORE DISTRICT KANDAYA BHAVAN, K G ROAD, BENGALURU-560009 2. THASILDAR OFFICE OF THASILDAR BENGALURU-560009 3. OZONE URBANA INDRA DEVELOPERS PRIVATE LIMITED COMPANY REGISTERED UNDER THE COMPANIES ACT 1956, NO.38, ULSOOR ROAD BANGALORE-560042 REPRESENTED BY ITS MD 4. KARNATAKA REAL ESTATE REGULATORY AUTHORITY NO.1/14, 2ND FLOOR, SILVER JUBILEE BLOCK, UNITY BUILDING BACKSIDE, CSI COMPOUND, 3RD CROSS, MISSION ROAD, BENGALURU-560027 …RESPONDENTS (BY SRI.SIDARTH BABU RAO, AGA FOR R1 & R2; SMT.VANDANA.P.L, ADVOCATE FOR R3) Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:47498 WP No. 1334 of 2024 THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTION TO THE R1 AND 2 TO EXECUTE THE RECOVERY CERTIFICATE BEARING NO. RERA/REVENUE/8146/2022-23 DATED 16/05/2023 (ANNEXURE-B) ISSUED BY THE KARNATAKA REAL ESTATE REGULATORY AUTHORITY IN RESPECT OF THE PETITIONER, WITHIN SUCH TIME AS MAY BE FIXED BY THIS HONBLE COURT AND PASS SUCH OTHER ORDERS AND/ OR DIRECTIONS. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. IA-1/2024 is allowed. Production of original or certified copy of Annexure-A and B is dispensed with. 2. The petitioner is before this Court seeking for the following reliefs; In the circumstances, the Petitioner prays that this Hon'ble Court ought to be pleased, in the interests of justice and equity, to issue an direction to the R1 and 2 to execute the recovery certificate bearing no. RERA/REVENUE/8146/2022-23 dated 16/05/2023 (Annexure-B) issued by the Karnataka real estate regulatory authority in respect of the petitioner, within such time as may be fixed by this Hon’ble court and pass such other orders and/ or directions as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case. - 3 - HC-KAR NC: 2025:KHC:47498 WP No. 1334 of 2024 3. The recovery certificate issued by respondent NO.4 has not been implemented by respondent No.2 and it is in that background the petitioner has sought for the aforesaid reliefs. 4. Whenever any recovery certificate is issued by the Karnataka Real Estate Regulatory Authority, it is required for respondents No.1 and 2 to implement the same as expeditiously as possible and recover the money. Same not having been done, I pass the following: ORDER a) The writ petition is allowed. b) A mandamus is issued directing respondents No.1 and 2 to initiate necessary recovery proceedings as expeditiously as possible, within a period of 60 days from the date of receipt of copy of this order. - 4 - HC-KAR NC: 2025:KHC:47498 WP No. 1334 of 2024 c) Liberty is reserved to the petitioner to furnish details of the property of respondent No. 3 along with supporting documents. SD/- (SURAJ GOVINDARAJ) JUDGE LN List No.: 1 Sl No.: 82