- 1 - HC-KAR NC: 2025:KHC:49171 WP No. 22217 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 22217 OF 2025 (GM-RES) BETWEEN: 1. MS. CHETANA B K D/O MR. DV KRISHNA AGED ABOUT 36 YEARS REPRESENTED BY GPA HOLDER, MR. D.V. KRISHNA 2. MR. D.V. KRISHINA S/O MR. D V MURTHY AGED ABOUT 64 YEARS BOTH RESIDING AT NO.206, F BLOCK, 3RD FLOOR, TEMPLE TREE APARTMENT, KANAKAPURA ROAD, JP NAGAR BENGALURU - 560 078. …PETITIONERS (BY SRI. SRIDHAR G, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, DEPARTEMENT OF REVENUE, 4TH FLOOR, VIKAS SOUDHA, DR. AMBEDKAR VEEDHI, BENGALURU - 560 001 2. THE DEPUTY COMMISSIONER, BENGALURU URBAN DISTRICT, KANDAY BHAVAN, K G ROAD, BENGALURU - 560 009. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:49171 WP No. 22217 of 2025 3. THE SPL. TAHSILDAR, BENGALURU DISTRICT, GROUND FLOOR, KANDAYA BHAVAN, KG ROAD, BENGALURU - 560 009. 4. GM INFINITE DWELLING (INDIA) PVT LTD, INCORPORATED UNDER COMPANIES ACT GM PEARL, NO.06, 1ST STAGE, 1ST PHASE, BTM LAYOUT, RING ROAD, BENGALURU - 560 068. ALSO AT YELLAPPA GARDEN, YELLAPPA CHETTY LAYOUT, SIVANCHETTY GARDEN, BENGALURU - 560 001. REPRESENTED BY ITS MANAGING DIRECTOR. …RESPONDENTS (BY SMT. SARITHA KULKARNI, AGA FOR R1 TO R3; SRI. S. SWAROOP, ADVOCATE FOR R4) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF MANDAMUS OR SIMILAR WRIT OR ORDER OF DIRECTION TO RESPONDENT NO 1 TO 3 TO RECOVER THE SUM OF RS.73,93,946/-(RUPEES SEVENTY- THREE LAKHS NINETY THREE THOUSAND NINE HUNDRED FORTY SIX ONLY) FROM THE 4TH RESPONDENT ARISING OUT OF THE RECOVERY CERTIFICATE BEARING NO. RERA/REVENUE/8724/22-23 DATED 28.02.2023 ISSUED BY THE RERA PRODUCED AS ANNEXURE - B AND ETC., THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ - 3 - HC-KAR NC: 2025:KHC:49171 WP No. 22217 of 2025 ORAL ORDER 1. The petitioners are before this Court seeking for the following reliefs: (a) Issue writ of mandamus or similar writ or order of direction to Respondent No.1 to 3 to recover the sum of Rs.73,93,946/- (Rupees Seventy-Three Lakhs Ninety Three Thousand Nine Hundred Forty Six Only) from the 4th Respondent arising out of the recovery certificate bearing No. RERA/Revenue/8724/22-23 dated 28.02.2023 issued by the RERA produced as Annexure-B. (b) Issue any other appropriate writ or order or direction deemed fit in circumstances of the case in the interest of justice and equity. 2. Though counsel for respondent No.4 seeks for a short adjournment to make his submission, I am of the considered opinion that respondent No.4 being the developer against whom the recovery certificate has been issued and the above petition being filed for mandamus directing the Deputy Commissioner and the Special Tahsildar to implement the orders of the Real Estate Regulatory Authority (RERA), there is no particular submission that can be made by respondent No.4, which is required to be considered by this Court at this stage. 3. The grievance of the petitioner is that the recovery certificate issued under Section 40 of the Real Estate - 4 - HC-KAR NC: 2025:KHC:49171 WP No. 22217 of 2025 (Regulation and Development) Act, 2016 (for short, "RERA Act,") by the RERA in Complaint No.CMP/UR/211214/0008724 on 02.11.2022 is yet to be implemented by respondent Nos.2 and 3. 4. Learned Additional Government Advocate submits that now the post of Special Deputy Commissioner has been constituted for the purpose of implementing all the recovery certificates issued under the provision of the RERA Act and that suitable steps would be taken to implement and enforce the recovery certificate at the earliest. In that view of the matter, I pass the following: ORDER i) The writ petition is allowed. ii) A Mandamus is issued directing respondent Nos.2 and 3 to implement the recovery certificate dated 28.02.2023 at Annexure-B within a period of eight weeks from the date of receipt of a copy of this order. SD/- (SURAJ GOVINDARAJ) JUDGE GJM/List No.: 1 Sl No.: 50