- 1 - HC-KAR NC: 2025:KHC:42431 WP No. 17379 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 17379 OF 2025 (GM-RES) BETWEEN: 1. AMAR GULAB BUDHARANI S/O MR. GULAB BUDHRANI, AGED ABOUT 44 YEARS. 2. MRS. SHEILA BUDHRANI W/O MR. GULAB BUDHRANI, AGED ABOUT 72 YEARS. BOTH PETITIONERS ARE REPRESENTED BY THEIR GPA HOLDER MR. MAHESH KISHANCHAND DADLANI BOTH PETITIONERS ARE RESIDING AT: NO.234, 13TH CROSS, 2ND STAGE, INDIRANAGAR, BANGALORE- 560 038. …PETITIONERS (BY SRI. AJAY RAO, ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER BANGALORE DISTRICT, KANDHAYA BHAWAN, KG ROAD, BANGALORE- 560 009. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:42431 WP No. 17379 of 2025 2. M/S LEGACY GLOBAL (P) LTD., A COMPANY INCORPORATED UNDER THE COMPANIES ACT, HAVING ITS REGISTERED OFFICE AT 333, THIMMAIAH ROAD, BANGALORE-560052 REPRESENTED BY ITS DIRECTORS MR. B.H.KRISHNAMURTHY AND MR. SANJAY SHENOY 3. KARNATAKA REAL ESTATE REGULATORY AUTHORITY SECOND FLOOR SILVER JUBILEE BLOCK 3RD CROSS ROAD CSI COMPOUND, MISSION RD, SAMPANGI RAMA NAGARA, BENGALURU, KARNATAKA- 560 027 REPRESENTED BY THE CHAIRMAN. …RESPONDENTS (BY SMT. SARITHA KULKARNI, AGA FOR R1; SRI. SANDEEP LAHIRI, ADVOCATE FOR R2) *** THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT NO.1 TO RECOVER THE AMOUNTS IN TERMS OF THE RECOVERY CERTIFICATE DATED 13.02.2025 IN RCKA/REVENUE/8510/2024-25/3099 BY RSPONDENT NO.3 (AT ANNEXURE -A) IN AN EXPEDITIOUS AND TIME BOUND MANNER, ETC. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:42431 WP No. 17379 of 2025 CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. Petitioners are before this Court seeking for the following reliefs: "a) Issue a Writ in the nature of Mandamus, or any other Writ, Direction, Order or Declaration, directing the Respondent No.1 to recover the amounts in terms of the Recovery Certificate dated 13.02.2025 in RCKA/REVENUE/8510/2024- 25/3099 by Respondent No.3 (at Annexure - A) in an expeditious and time bound manner. b) Grant costs and such other relief(s) as this Hon'ble Court be deemed fit to do, in the circumstances of the case, in the interests of justice and equity." 2. Essentially, the petitioners are aggrieved by respondent No.1 not acting on the Recovery Certificate issued by the Karnataka Real Estate Regulatory Authority (KRERA), Bengaluru, under Section 40(1)(2) of the Real Estate (Regulation and Development) Act, 2016 read with Rule 25 of the Karnataka Real Estate (Regulation and Development) Rules, 2017, wherein the RERA had directed - 4 - HC-KAR NC: 2025:KHC:42431 WP No. 17379 of 2025 respondent No.1 to recover the monies awarded vide order dated 25.10.2022 in CMP.211031/0008510 at Annexure B. 3. Whenever any Recovery Certificate is issued under Sub-section (2) of Section 40(1) of the Real Estate (Regulation and Development) Act, 2016, it is but required for the jurisdictional Deputy Commissioner to act on the same and take necessary action in accordance with law, as expeditiously as possible. 4. The Recovery Certificate having been issued on 13.02.2025, the first respondent is yet to take any action. 5. In that view of the matter, I pass the following: ORDER i) Writ Petition is allowed; ii) A Mandamus is issued to respondent No.1 to act on the Recovery Certificate and recover the amounts, as expeditiously as possible, - 5 - HC-KAR NC: 2025:KHC:42431 WP No. 17379 of 2025 preferably, within a period of ninety days from the date of receipt of a copy of this order. SD/- (SURAJ GOVINDARAJ) JUDGE BMV* List No.: 1 Sl No.: 87