- 1 - HC-KAR NC: 2025:KHC:43333 WP No. 29574 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.29574 OF 2025 (GM-RES) BETWEEN: MR. MANNUR GANDHI, S/O LATE M V SUBBA REDDY, AGED ABOUT 80 YEARS, R/AT NO.S-11, F G BLOCK, 10/8, KASTURIBA ROAD, BANGALORE - 560 010. …PETITIONER (BY SRI. SANDEEP LAHIRI, ADVOCATE AND SMT. DEEPIKA JOSHI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY THE SECRETARY HOUSING DEPARTMENT, ROOM NO.211, 2ND FLOOR, VIKAS SOUDHA, BANGALORE - 560001. 2. THE KARNATAKA REAL ESTATE REGULATORY AUTHORITY, REPRESENTED BY ITS SECRETARY, 2ND FLOOR, SILVER JUBILEE BLOCK, UNITY BUILDING CSI COMPOUND, 3RD CROSS, MISSION ROAD, BANGALORE - 560027. 3. THE DEPUTY COMMISSIONER, BANGALORE URBAN DISTRICT, Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:43333 WP No. 29574 of 2025 K G ROAD, BANGALORE - 560 009. 4. OZONE URBANA INFRA DEVELOPERS PVT. LTD. A PUBLIC LIMITED COMPANY INCORPORATED UNDER THE COMPANIES ACT, 2013, NO.38, ULSOOR ROAD, BANGALORE - 560042. REPRESENTED BY MANAGING DIRECTOR. 5. M/S. ECO GLOBAL BUILDERS AND DEVELOPERS A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 2013, NO.1, PIONEER HOUSE HOLLYWOOD TOWN, SADAHALLI POST, DEVANAHALLI TALUK, BANGALORE - 562110. REPRESENTED BY MANAGING DIRECTOR. …RESPONDENTS (BY SRI. SMT. SARITHA KULKARNI, AGA FOR R1 AND R3; SRI. GOWTHAM DEV C ULLAL, ADVOCATE FOR R2; SMT. VANDANA P.L., ADVOCATE FOR R4) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUANCE OF WRIT, ORDER OR DIRECTION IN THE NATURE OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT DIRECTING THE RESPONDENT NO.3 TO EXECUTE THE ORDER DATED 06.08.2024 PASSED BY THE RESPONDENT NO.2 IN CMP/01367/2023 IN ACCORDANCE WITH THE DIRECTION OF THE RESPONDENT NO.2 DATED 05.11.2024 BEARING REFERENCE NO. RERA/KANDAYA/01367/2024/25/2924 (ANNEXURE A) AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:43333 WP No. 29574 of 2025 CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. Learned AGA accepts notice for respondent Nos.1 and 3. 2. Sri Gautamdev C Ullal, learned counsel is directed to accept notice for respondent No.2. Notice to respondent Nos. 4 and 5 is dispensed with in view of the fact that they would not have any say in the matter of implementation of order passed under sub- section (1) of Section 40 of the Real Estate (Regulation and Development) Act, 2016 ('RERA' for short). 3. Petitioner is before this Court seeking for the following reliefs; "i. Issuance of writ, order or direction in the nature of mandamus or any other appropriate writ directing the Respondent No.3 to execute the order dated 06.08.2024 passed by the Respondent No.2 in CMP/01367/2023 in accordance with the direction of the respondent no.2 dated 05.11.2024 bearing reference no. RERA/Kandaya/01367/2024/25/2924 (Annexure- A); - 4 - HC-KAR NC: 2025:KHC:43333 WP No. 29574 of 2025 ii. Issuance of writ, order or direction in the nature of mandamus or any other appropriate writ directing the Respondent No.3 to execute the order dated 06.08.2024 passed by the Respondent No.2 in CMP/01368/2023 in accordance with the direction of the respondent no.2 dated 05.11.2024 bearing reference no. RERA/Kandaya/01367/2024/25/2925 (Annexure - B); iii. Issuance of writ, order or direction in the nature of mandamus or any other appropriate writ directing the Respondent No.3 to execute the order dated 06.08.2024 passed by the Respondent No.2 in CMP/01369/2023 in accordance with the direction of the Respondent No.2 dated 05.11.2024 bearing reference no. RERA/Kandaya/01367/2024/25/2926 (Annexure- C); iv. Issuance of writ, order or direction in the nature of mandamus or any other appropriate writ directing the Respondent No.4 and 5 to comply the orders dated 06.08.2024 passed by the Hon'ble Authority RERA in CMP/01367/2023, CMP/01368/2023 and CMP/01369/2023 (Annexure - G, H And J); v. Issue such other order, writ, direction that this Hon'ble Court deems fit under the facts and circumstances of the case, in the interest of justice and equity." 4. The short grievance of the petitioner is that the recovery certificate which has been issued under sub-section (1) of Section 40 of RERA has not been implemented by the respondent No.3. Whenever recovery certificate is issued by the RERA, it is - 5 - HC-KAR NC: 2025:KHC:43333 WP No. 29574 of 2025 required for the Deputy Commissioner or the Jurisdictional Tahsildar to implement the said order within a reasonable period of time not later than 60 days from the date of receipt of the copy of this order. The same not having done, I passed the following; ORDER i. Writ petition is allowed. ii. Mandamus is issued directing respondent No.3 to execute the order dated 06.08.2024 passed by respondent No.2 in CMP Nos.1367/2023, 1368/2023 and 1369/2023 insofar as the recovery certificate under sub-Section (1) of Section 40 of the RERA Act is concerned, within 60 days from the date of receipt of copy of this order. iii. Liberty is reserved to the petitioner to execute the remaining portion of the orders as regard to - 6 - HC-KAR NC: 2025:KHC:43333 WP No. 29574 of 2025 completion of the building etc. before the appropriate Civil Court. SD/- (SURAJ GOVINDARAJ) JUDGE RU, List No.: 1 Sl No.: 5