- 1 - HC-KAR NC: 2025:KHC:52277 WP No. 257 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.257 OF 2024 (GM-RES) BETWEEN: 1. SRI. PRAKSH KUMBHAKAR S/O KALACHAND KUMBHAKAR, AGED 39 YEARS, RESIDING AT NO. 2866 NEW D-27, 1ST FLOOR, 8TH CROSS, VV MOHALLA, MYSURU-570002. 2. SRI NITIN VERMA S/O LAKHAN LAL VERMA, AGED 39 YEARS, 3. SMT BINA CHANDRAVANSHI W/O NITIN VERMA, AGED 37 YEARS, PETITIONER NO. 2 AND 3 BOTH ARE RESIDING AT FLAT NO. C2, BLOCK-I SAMHITA SQUARE APARTMENT, BASAVANAGAR MAIN ROAD, BENGALURU-560 037. …PETITIONERS (BY SRI. AMIT ANAND, ADVOCATE) AND: 1. THE PRINCIPAL SECRETARY REVENUE DEPARTMENT, GOVERNMENT OF KARNATAKA ROOM NO. 505, 5TH FLOOR, GATE-3, M S BUILDING, DR.B.R. AMBEDKAR VEEDHI, BENGALURU-560001. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:52277 WP No. 257 of 2024 2. THE DEPUTY COMMISSIONER BANGALORE NORTH TALK OFFICE KANDAYA BHAVAN, KEMPEGOWDA ROAD, NEXT TO CAUVERY BHAVAN, BENGALURU-560009. 3. THE SPECIAL TAHSILDAR KRISHNARAJAPURA TALUK OFFICE, BENGALURU-560003. 4. THE TAHSILDAR KRISHNARAJAPURA TALUK OFFICE, 2M3R+WR5, DIESEL LOCO SHED ROAD, DURAVANI NAGAR, KRISHNARAJAPURA, BENGALURU-560003. 5. KARNATAKA REAL ESTATE REGULATORY AUTHORITY NO. 1/14, 2ND FLOOR, SILVER JUBILEE BLOCK, BEHIND UNITY BUILDING, C.S.I COMPOUND, 3RD CROSS, MISSION ROAD, BENGALURU-560027. 6. M/S VENKAT ESTATES PRIVATE LIMITED A PRIVATE LIMITED COMPANY, REGISTERED UNDER THE COMPANIES ACT, REGISTERED OFFICE AT # 254, 5TH FLOOR, RAJNIGANDHA BLOCK, GARDEN APARTMENTS, VITTAL MALLYA ROAD, BENGALURU-560001. …RESPONDENTS (BY SMT. SARITHA KULKARNI, AGA FOR R1 TO R4; SRI. GOWTHAMDEV C. ULLAL, ADVOCATE FOR R5; SRI. N. KRISHNAPPAN, ADVOCATE FOR R6) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTION TO THE RESPONDENTS 1 TO 4 TO COMPLETE THE RECOVERY PROCESS WITHIN A PARTICULAR TIME FRAME IN PURSUANT OF THE COMMUNICATION BEARING NO. RERA/REVENUE/7922/2023-24 DTD 27.07.2023 (ANNEXURE-C) ISSUED BY THE KARNATAKA REAL ESTATE REGULATORY AUTHORITY TO THE 2ND RESPONDENT IN RESPECT OF THE 1ST PETITIONER AND ETC. - 3 - HC-KAR NC: 2025:KHC:52277 WP No. 257 of 2024 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. Petitioners are before this Court seeking for the following reliefs: i. Issue an appropriate writ, order, or direction to the respondents 1 to 4 to complete me recovery process within a particular timeframe communication pursuance of the bearing No. RERA/REVENUE/7922/2023-24, dated 27-07-2023 (ANNEXURE-C), issued by the Karnataka Real Estate Regulatory Authority to the 2nd respondent, in respect of the 1st petitioner, in the interest of justice and equity. ii. Issue an appropriate writ, order, or direction to the respondents 1 to 4 to complete the recovery process within a particular timeframe in pursuance of the communication bearing No. RERA/REVENUE/7911/2023-24, dated 27-07-2023 (ANNEXURE- D), issued by the Karnataka Real Estate Regulatory Authority to the 2nd respondent, in respect of the 2nd and 3rd petitioner, in the interest of Justice and equity. iii. Pass such other order as this Hon'ble High Court deems fit on the facts and circumstances of the case, including the award of costs. - 4 - HC-KAR NC: 2025:KHC:52277 WP No. 257 of 2024 2. The grievance of the petitioners was that the Recovery Certificate which has been issued under Sub Section 1 of Section 40 of the Real Estate (Regulation and Development) Act, 2016 had not been implemented by the Special Tahsildar. 3. This Court on filing of the above petition had issued notice to the respondents. Respondent No.6- developer had also appeared through a counsel. Subsequently, it was informed respondent No.6 was undergoing resolution process as such the IRP appointed by the NCLT appeared before this Court through a counsel and sought time to clear the dues of the petitioners. Four weeks time was granted on 23.10.2025. Subsequently, further extension of time was sought for on 19.11.2025 and the matter was adjourned to 04.12.2025 and again the matter is being adjourned today. - 5 - HC-KAR NC: 2025:KHC:52277 WP No. 257 of 2024 4. Today the learned counsel for respondents submits that there are certain amounts which have been subjected to stay order in consumer proceedings. The same cannot be a reason for non-payment of the monies when the Recovery Certificate has already been issued. Though the respondent No.6 was not required to be heard, respondent No.6 was provided an opportunity to settle the dues so that coercive steps are not taken against respondent No.6 and respondent No.6 could have voluntarily made payment of the due amounts. 5. The manner in which adjournments have been sought for and again an adjournment has been sought for today would indicate that respondent No.6 is not serious about making payment of the money. The Recovery Certificate having been issued way back on 27.07.2023 has not been executed by the Special Tahsildar. - 6 - HC-KAR NC: 2025:KHC:52277 WP No. 257 of 2024 6. In that view of the matter, I pass the following: ORDER (i) Writ Petition is allowed. (ii) A Mandamus is issued directing respondent No.3 and the Special Deputy Commissioner now appointed to act on the Recovery Certificate issued under Sub Section 1 of Section 40 of the Real Estate (Regulation and Development) Act, 2016 at Annexures- C and D respectively within a period of 8 weeks from the date of receipt of copy of this order. Sd/- (SURAJ GOVINDARAJ) JUDGE NS CT:TSM List No.: 2 Sl No.: 17