- 1 - HC-KAR NC: 2025:KHC:47120 WP No. 33970 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 33970 OF 2025 (GM-RES) BETWEEN: 1. A HANUMANTHA CHAR AGED ABOUT 66 YEARS, SON OF A NARAYANA CHAR, RESIDING AT FLAT NO. 2 SRI GURUMANOR, 3RD CROSS AMARJYOTHI LAYOUT, SANJAYNAGAR BANGALORE - 560 094 2. CYRIL MATHEWS ALEXANDER AGED ABOUT 46, SON OF TK ALEXANDER, RESIDING AT 38/3828 THURUTHIKKATIL VILLA, MAMAMGALAM, BTS CROSS ROAD, PALARIVATTOM, ERNAKULAM - 682 025, KERALA, INDIA. 3. GYANESHWAR JADAL AGED ABOUT 52 YEARS, SON OF JAGANNATH JADAL, RESIDING AT 108/3251 PANTNAGAR GHATKOPAR MUMBAI - 400 075. 4. VAISHALI JADAL AGED ABOUT 48 YEARS, Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:47120 WP No. 33970 of 2025 WIFE OF GYANESHWAR JADAL, RESIDING AT 108/3251 PANTNAGAR, GHATKOPAR MUMBAI - 400 075. 5. JOHN KUNCHANDY AGED ABOUT 49 YEARS, SON OF YOHANNAN KUNCHANDY, RESIDING AT JONUS VILLA, THRIPPILAZHIKOM PO 691509, KERALA. 6. REENU MARY VARUGHESE AGED ABOUT 45 YEARS, WIFE OF JOHN KUNCHANDY, RESIDING AT JONUS VILLA, THRIPPILAZHIKOM PO 691509, KERALA. 7. DEEPAK LINGWAL AGED ABOUT 44 YEARS, SON OF RAJENDER SINGH, RESIDING AT 19/232 SUNDRAM KHAND, VASUNDHARA GHAZIABAD, UP 201012. 8. CHANDRASHEKAR N BASAPPA AGED ABOUT 48 YEARS, SON OF BASAPPA N, RESIDING AT 317/18, 1ST G CROSS SUBHANNAGARDEN , VIJAYANAGAR - 560 040. 9. NAYAB MASTHAN VALI AGED ABOUT 48 YEARS, - 3 - HC-KAR NC: 2025:KHC:47120 WP No. 33970 of 2025 SON OF MR NAYAB HUSSAIN PERERA, RESIDING AT 3/257-12, KALLANGADI STREET, KADIRI - 515591, ANDHRA PRADESH. 10. PRAVEEN KEYILLAT PARAMBIL AGED ABOUT 41 YEARS, SON OF LATE KP VASUDEVAN, RESIDING AT KEYILLATHPARAMBIL HOUSE, NEAR SS TEMPLE ROAD, KANNUR - 670 307. 11. VAIBHAV VINOD SOMAL AGED ABOUT 37 YEARS SON OF VINOD SOMAL, RESIDING AT K-42 PALM ACRES CHS LTD GAWANPADA, MULUND, EAST MUMBAI - 400 081. 12. VINOD SOMAL AGED ABOUT 69 YEARS, S ON OF BHUMESHWAR GANGARAM SOMAL, RESIDING AT K-42, PALM ACRES CHS LTD GAWANPADA, MULUND EAST MUMBAI - 400 081. 13. VIKAS JAIN AGED ABOUT 48 YEARS, SON OF SUGAN CHAND JAIN, RESIDING AT FLAT NO. 403 ROHAN RESIDENCY 106-107 SARV SUVIDHA NAGAR KANADIA ROAD, INDORE MP - 452 016. 14. SHIKA JAIN AGED ABOUT 43 YEARS - 4 - HC-KAR NC: 2025:KHC:47120 WP No. 33970 of 2025 WIFE OF VIKAS JAIN RESIDING AT FLAT NO. 403 ROHAN RESIDENCY 106-107 SARV SUVIDHA NAGAR KANADIA ROAD, INDORE MP - 452016. 15. ANUP GUJALWAR AGED ABOUT 46 YEARS, SON ON SUDHAKAR GUJALWAR RESIDING AT SANKAT MOCHAN ROAD, MAYUR BUILDING, YAVATMAL MS - 445 001. …PETITIONERS (BY SRI. AKASH R BANTIA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA THROUGH THE DEPUTY COMMISSIONER BENGALURU URBAN DISTRICT, BENGALURU - 560 009. 2. THE SPECIAL TAHSILDAR BANGALORE NORTH TALUK, KANDHAYA BHAVAN, K.G. ROAD, BENGALURU - 560 009. 3. THE TAHSILDAR DEVANAHALLI, BANGALORE RURAL, TALUK PANCHAYATH OFFICE DEVANHALLI, DEVANAHALLI TALUK BANGALORE - 562 110. 4. OZONE URBANA INFRA DEVELOPERS PRIVATE LIMITED, A COMPANY INCORPORATED - 5 - HC-KAR NC: 2025:KHC:47120 WP No. 33970 of 2025 UNDER COMPANIES ACT, 1956, HAVING ITS REGISTERED OFFICE AT NO. 38, ULSOOR ROAD, BENGALURU - 560 042 REPRESENTED BY ITS MANAGING DIRECTOR VASUDEVAN SATHYMOORTHY. 5. OZONE INFRA DEVELOPERS PRIVATE LIMITED A COMPANY INCORPORATED UNDER COMPANIES ACT, 1956, HAVING ITS REGISTERED OFFICE AT 2ND FLOOR NO.35/1, YELLAPPA CHETTY LAYOUT, CIVIL STATION, ULSOOR ROAD, BANGALORE, KARNATAKA, INDIA - 560 042. 6. VASUDEVAN SATHYAMOORTHY SON OF LATE V. SATHYAMOORTHY AGED ABOUT 57 YEARS RESIDING AT 32, NORRIS ROAD, RICHMOND TOWN, BANGALORE - 560 025. 7. SATHYA MOORTHY SAI PRASAD SON OF LATE V. SATHYAMOORTHY AGED ABOUT 50 YEARS, RESIDING AT 103, NISHANTH PRIME APARTMENTS, PRIME STREET, RICHMOND TOWN, MUSEUM ROAD, BENGALURU - 560 025. 8. THE KARNATAKA REAL ESTATE REGULATORY AUTHORITY, THROUGH ITS CHAIRMAN SECOND FLOOR, SILVER JUBILEE BLOCK 3RD CROSS ROAD CSI COMPOUND, MISSION RD, SAMPANGI RAMA NAGARA, - 6 - HC-KAR NC: 2025:KHC:47120 WP No. 33970 of 2025 BENGALURU, KARNATAKA - 560 027 …RESPONDENTS (BY SRI. SIDARTH BABURAO, AGA FOR R-1 TO R-3; SMT. VANDANA P.L., ADVOCATE FOR R-4 TO R7; SRI. RAJASHEKAR K., ADVOCATE FOR R-8) *** THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT RESPONDENT NO.1, RESPONDENT NO. 2 AND RESPONDENT NO.3 TO ENFORCE PAYMENT OF AMOUNTS DUE FROM RESPONDENT NO.4 TO 7 IN ACCORDANCE WITH THE PROCEDURE FOR RECOVERY PROVIDED UNDER THE PROVISIONS OF KARNATAKA LAND REVENUE ACT, 1964 AND RULES THEREUNDER, FOR ENFORCEMENT OF THE DIRECTIONS OF RESPONDENT NO.8 AT ANNEXURE-A DATED 14.07.2025 BEARING NO RERA/REVENUE/173/2025-26/3279, ANNEXURE- A1 DATED 25.03.2025 NO RERA/REVENUE/587/2024-25/3150, ANNEXURE-A2 DATED 30.06.2025 BEARING NO RERA/REVENUE/639/2025-26/3253, ANNEXURE-A3 DATED 14.07.2025 BEARING NO RERA/REVENUE/640/2025-26/3283, ANNEXURE-A4 DATED 25.04.2025 BEARING NO RERA/REVENUE/507/2024-25/3190, ANNEXURE-A5 DATED 10.06.2025 BEARING NO RERA/REVENUE/508/2025-26/3227, ANNEXURE-A6 DATED 11.07.2025 BEARING NO RERA/REVENUE/509/2025-26/3275, ANNEXURE-A7 DATED 25.03.2025 BEARING NO RERA/REVENUE/510/2024-25/3149, ANNEXURE-A8 DATED 10.06.2025 BEARING NO RERA/REVENUE/519/20252-26/3228 TO ANNEXURE-A9 DTAED 10.06.2025 BEARING NO RERA/REVENUE/520/2025-26/3223 ISSUED UNDER SECTION 40 (1) OF REAL ESTATE (REGULATION AND DEVELOPMENT) ACT, 2016 AND RULE 25 OF REAL ESTATE (REGULATION AND DEVELOPMENT) RULES, 2017, ETC., THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 7 - HC-KAR NC: 2025:KHC:47120 WP No. 33970 of 2025 CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. Learned Additional Government Advocate accepts notice for respondent Nos.1 to 3. Smt. Vandana P.L., learned counsel accepts notice for Respondent Nos.4, 5, 6 and 7. Sri. Rajashekar K., learned counsel accepts notice for respondent No.8. 2. Petitioners are before this Court seeking for the following reliefs: "(A) Issue an appropriate writ, order or direction in the nature of writ of mandamus or any other writ, directing respondent no.1, respondent no. 2 and respondent no.3 to enforce payment of amounts due from respondent no.4 to 7 in accordance with the procedure for recovery provided under the provisions of Karnataka Land Revenue Act, 1964 and Rules thereunder, for enforcement of the directions of respondent No.8 at Annexure-A dated 14.07.2025 bearing no RERA/REVENUE/173/2025-26/3279, Annexure-A1 dated 25.03.2025 NO RERA/REVENUE/587/2024- 25/3150, ANNEXURE-A2 dated 30.06.2025 BEARING NO RERA/REVENUE/639/2025-26/3253, Annexure-A3 dated 14.07.2025 bearing NO RERA/REVENUE/640/2025-26/3283, Annexure-A4 DATED 25.04.2025 BEARING NO RERA/REVENUE/507/2024-25/3190, Annexure-A5 dated 10.06.2025 bearing NO RERA/REVENUE/508/2025-26/3227, Annexure-A6 dated 11.07.2025 bearing NO RERA/REVENUE/509/2025-26/3275, Annexure-A7 - 8 - HC-KAR NC: 2025:KHC:47120 WP No. 33970 of 2025 dated 25.03.2025 bearing NO RERA/REVENUE/510/2024-25/3149, Annexure-A8 dated 10.06.2025 bearing NO RERA/REVENUE/519/20252-26/3228 to Annexure-A9 dated 10.06.2025 bearing NO RERA/REVENUE/520/2025-26/3223 issued under Section 40 (1) OF Real Estate (Regulation and Development) Act, 2016 and Rule 25 of Real Estate (Regulation and Development) Rules, 2017; (b) Direct respondent No.5 to not renew the license or provide any further extension to the Respondent No.4 and Respondent No.5 in any of its projects. (c) GRANT such other relief/s, as this Hon'ble Court may deem fit in the facts and circumstances of this case, in the interest of justice and equity." 3. The grievance of the petitioners is that the Recovery Certificate issued by the respondent No.8/RERA, under Section 40 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 to 3 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 - 9 - HC-KAR NC: 2025:KHC:47120 WP No. 33970 of 2025 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; (ii) A Mandamus is issued to the respondent Nos.1 to 3 to immediately comply with the orders passed under Section 40 of the RERA at Annexures A, A1, A2, A3, A4, A5, A6, A7, A8 and A9 and recover the amounts mentioned therein as arrears of land revenue, within a period of eight weeks from today. - 10 - HC-KAR NC: 2025:KHC:47120 WP No. 33970 of 2025 (iii) The petitioners are permitted to furnish a list of movable and immovable properties owned by respondent Nos.4 to 7, to respondent Nos.1 to 3, along with supporting documents, which shall be acted upon by respondent Nos. 1 to 3. SD/- (SURAJ GOVINDARAJ) JUDGE BMV* List No.: 1 Sl No.: 25 CT: BHK