Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:47638 WP No. 10337 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 10337 OF 2025 (GM-RES) BETWEEN:
MR. V SARAVANAKUMAR S/O SRI. C.P. VIJAYA VENKATACHALA DURAI, AGED ABOUT 51 YEARS, R/AT, NO.24, 25, BHARATHI NAGAR EXTN, NEAR CE HI, THE RESIDENCY ROAD, BENGALURU - 560 025. …PETITIONER (BY SRI. VENUGOPAL N, ADVOCATE) AND:
1.
THE DEPUTY COMMISSIONER BENGALURU URBAN DISTRICT, KANDAYA BHAVAN, K.G. ROAD, BENGALURU - 560 009.
2.
THE SPECIAL TAHSILDAR, BENGALURU SOUTH TALUK, KANDAYA BHAVAN, K.G. ROAD, BENGALURU - 560 009.
3.
THE DEPUTY TAHSILDAR BEGURU HOBLI, BENGALURU SOUTH TALUK BENGALURU - 560114.
Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:47638 WP No. 10337 of 2025
4.
REDDY STRUCTURES PVT. LTD., A COMPANY DULY INCORPORATED UNDER THE COMPANIES ACT1956 HAVING ITS REGISTERED OFFICE AT NO. 133/1, THE RESIDENCY, 2ND FLOOR, RESIDENCY ROAD, BENGALURU - 560 025 REP. BY ITS AUTHORIZED SIGNATORY, SRI. VIJAYA BHASKARA REDDY. …RESPONDENTS (BY SMT. SARITHA KULKARNI, AGA)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-1 TO 3 HEREIN IN ORDER TO EXECUTE THE ANNX-F ISSUED BY THE KARNATAKA REAL ESTATE REGULATORY AUTHORITY BENGALURU IN LETTER NO. RERA/REVENUE/270/2023-24 DATED 18.07.2024 TO R-1.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
ORAL ORDER
1. The petitioner is before this Court seeking the following reliefs:
"a) Issue the writ by way of mandamus, to direct the Respondent No.1 to 3 herein in
order to execute the Annexure-F issued by
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HC-KAR NC: 2025:KHC:47638 WP No. 10337 of 2025
the Karnataka Real Estate Regulatory Authority, Bengaluru in letter No.RERA/Revenue/270/2023-2024 dated 18/07/2024 to Respondent No.1.
b) For such other and further relief as deemed fit under the circumstance of the case."
2. The grievance of the petitioner is that the recovery certificate, which has been issued by the RERA under Section 40(1)(2) of the Real Estate (Regulation and Development) Act, 2016 ('the Act' for short) and Rule 25 of the Karnataka Real Estate (Regulation and Development) Rules, 2017 ('the K-RERA' for short) has not been enforced by respondent Nos. 1 to 3 and it is in that background the petitioner is before this Court seeking for the aforesaid reliefs.
3. Whenever any recovery certificate is issued by the RERA under Section 40 of the Act and Rule 25 of the K-RERA, it would not be required for respondent Nos.1 to 3 to take appropriate steps and recover the moneys mentioned in the recovery certificate as arrears of land.
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HC-KAR NC: 2025:KHC:47638 WP No. 10337 of 2025
4. Learned Additional Government Advocate submits that a Special Deputy Commissioner has now been appointed to act on all recovery certificates issued by the RERA.
5. In that view of the matter, I pass the following:
ORDER (i) Writ petition is allowed; (ii) A mandamus is issued directing respondent Nos.1 to 3 and the Special Deputy Commissioner now appointed to execute the recovery certificate at Annexure-F and recover the money within a period of 8 weeks from the date of the receipt of the copy of this order. (iii) The petitioner is at liberty to furnish a list of movable and immovable properties of respondent No.4 to the Special Deputy Commissioner along with supporting documents. SD/- (SURAJ GOVINDARAJ) JUDGE
JY List No.: 1 Sl No.: 26