- 1 - HC-KAR NC: 2025:KHC:42745 WP No. 30239 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 30239 OF 2025 (GM-RES) BETWEEN: 1. SUDIPTA MAJUMDER AGE ABOUT 43 YEARS B305, SHRIRAM LIBERTY SQUARE HILALIGE ROAD, GOLD COIN CLUB, ANDAPURA VILLAGE, ELECTRONIC CITY BANGALORE - 560 100. EMAIL ID: sudiptmazumdar@gmail.com 2. SREYASHI MAJUMDAR AGE ABOUT 41 YEARS B305, SHRIRAM LIBERTY SQUARE HILALIGE ROAD, GOLD COIN CLUB, ANDAPURA VILLAGE, ELECTRONIC CITY BANGALORE - 560 100 EMAIL ID: sudiptmazumdar@gmail.com …PETITIONERS (BY SRI. ADITH S. JAHGIRDAR, ADVOCATE AND SMT. ANVITA B.S, ADVOCATE) AND: 1. THE STATE OF KARNATAKA THROUGH THE DEPUTY COMMISSIONER BENGALURU DISTRICT REVENUE DEPARTMENT BUILDING BENGALURU - 560 009. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:42745 WP No. 30239 of 2025 2. THE SPECIAL TAHSILDAR BANGALORE TALUK KANDHAYA BHAVAN, K.G. ROAD BENGALURU - 560 009. 3. M/S. GULAM MUSTAFA ENTERPRISES PRIVATE LIMITED, A COMPANY INCOPORATED UNDER THE PROVISIONS OF THE COMPANIES ACT, 1956 NO. 06, G.M. PEARL, 1ST STAGE, 1ST PHASE, BTM LAYOUT, BANGALORE - 560 068, REPRESENTED BY ITS AUTHORIZED SIGNATORY MR. GULAM MUSTAFA. …RESPONDENTS (BY SMT. SARITHA KULKARNI, AGA FOR R1 & R2 NOTICE TO R3 IS D/W V/O/DT:27.10.2025) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT NO. 1 AND RESPONDENT NO. 2 TO ENFORCE PAYMENT OF AMOUNTS DUE FROM RESPONDENT NO. 3 IN ACCORDANCE WITH THE PROCEDURE FOR RECOVERY PROVIDED UNDER THE PROVISIONS OF THE KARNATAKA LAND REVENUE ACT, 1964 AND THE RULES FORMULATED THEREUNDER, FOR ENFORCEMENT OF THE AWARD DATED 18.06.2024 (ANNEXURE-A) AND THE CONSEQUENTIAL EXECUTION ORDER DATED 08.03.2025 (ANNEXURE-E) ALONG WITH THE REVENUE RECOVERY CERTIFICATE DATED 25.04.2025 (ANNEXURE-E) OF THE HONBLE KARNATAKA REAL ESTATE REGULATORY AUTHORITY. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:42745 WP No. 30239 of 2025 CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. Learned AGA accepts notice for respondent Nos.1 and 2. 2. Notice to respondent No.3 is dispensed with in view of the proposed order to be passed. 3. Petitioner is before this Court seeking for the following reliefs: "a) Issue a writ of Mandamus or any other appropriate writ, order or direction, directing the Respondent No.1 and respondent No.2 to enforce payment of amounts due from respondent No.3 in accordance with the procedure for recovery provided under the provisions of the Karnataka Land Revenue Act, 1964 and the rules formulated thereunder, for enforcement of the award dated 18.06.2024 (Annexure-A) and the consequential execution order dated 08.03.2025 (Annexure-E) along with the revenue recovery certificate dated 25.04.2025 (annexure-e) of the Honble Karnataka Real Estate Regulatory Authority; or b) Pass any such further orders as this Hon'ble Court deems fit in the interest of justice and equity." 4. The short grievance of the petitioner is that despite a recovery certificate having been issued under sub-Section (1) of Section 40 of the Real Estate (Regulation and Development) Act, 2016, respondent No.2 has not taken any action to recover the amounts as arrears of rent. - 4 - HC-KAR NC: 2025:KHC:42745 WP No. 30239 of 2025 5. Whenever any recovery certificate has been issued, it is but required for the jurisdictional Tahsildar/Deputy Commissioner to initiate necessary action to recover the amounts mentioned in the recovery certificate as arrears of land revenue. The same not having been done, I pass the following: ORDER i. Writ petition is allowed. ii. A mandamus is issued directing respondent No.2 to take action on the recovery certificate at Annexure-E by following due procedure within a period of four weeks from date of receipt of a copy of this order. SD/- (SURAJ GOVINDARAJ) JUDGE VM List No.: 1 Sl No.: 35