- 1 - HC-KAR NC: 2025:KHC:47960 WP No. 27603 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. 27603 OF 2025 (GM-RES) BETWEEN: MR. NANDA KISHORE M P AGED ABOUT 43 YEARS S/O OF MR PREMKUMAR M P CURRENTLY R/AT NO. 209/30/1 9TH MAIN, SRINAGAR NEAR VENKATESHWARA SWAMY TEMPLE BANGALORE-560 050 …PETITIONER (BY SRI. RAJKUMAR M D., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY ITS DEPUTY COMMISSIONER BANGALORE URBAN DISTRICT BENGALURU 560 001. 2. THE SPECIAL TAHASILDAR BENGALURU NORTH TALUK KANDAYA BHAVAN, GROUND FLOOR K G ROAD, BENGALURU 560009 3. M/S VENKATESHWARA INFRA PROJECTS A SOLE PROPRIETORSHIP NO. 631/118, 9TH MAIN ROAD PRAKASH NAGAR, BENGALURU 560 021 REP. BY ITS PROPRIETOR MR G P GANESH. 4. KARNATAKA REAL ESTATE REGULATORY AUTHORITY THROUGH ITS CHAIRMAN SECOND FLOOR, SILVER JUBLIEE BLOCK Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:47960 WP No. 27603 of 2025 MISSION ROAD BENGALURU 560027 …RESPONDENTS (BY SRI. B. RAVINDRANATH, AGA FOR R1 & R2: SRI RAJASHEKAR, ADVOCATE FOR R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A. ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER, OR DIRECTION, DIRECTING THE RESPONDENT NOS. 1 TO 2 TO PROMPTLY TAKE ALL NECESSARY ACTIONS TO ENFORCE THE ORDER DATED 13/02/2025 PASSED BY THE RESPONDENT NO. 4 IN COMPLAINT NO. CMP/UR/210701/0008087 AT ANNEXURE-A AND THE REVENUE RECOVERY CERTIFICATE DATED 03/07/2025 AT ANNEXURE B, IN ACCORDANCE WITH THE KARNATAKA LAND REVENUE ACT, 1964 AND RULES 1966 AND RECOVER THE PAYMENTS DUE FROM THE RESPONDENT NO. 3 TO THE PETITIONER. AND ETC. THIS PETITION, COMING ON FOR ORDERS, 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 for the following reliefs; a. Issue a writ of mandamus or any other appropriate writ, order, or direction, directing the respondent nos. 1 to 2 to promptly take all necessary actions to enforce the order dated 13/02/2025 passed by the respondent No.4 in complaint No. CMP/UR/210701/0008087 at Annexure-A and the revenue recovery certificate dated 03/07/2025 at Annexure-B, in accordance with the Karnataka Land Revenue Act, 1964 and Rules 1966 and recover the payments due from the respondent no. 3 to the petitioner. b. Grant any other relief that this hon’ble Court may deem fit and proper in the facts and circumstances of the case and in the interests of justice and equity. - 3 - HC-KAR NC: 2025:KHC:47960 WP No. 27603 of 2025 2. The grievance of the Petitioner is that the recovery certificate issued by the Karnataka Real Estate Regulatory Authority (hereinafter referred to as ‘RERA’ for short), under Section 40 of the Real Estate (Regulation and Development) Act, 2016 (hereinafter referred to as ‘the RERA Act’ for short), has not been implemented by Respondents No.1 and 2. It is in that background that the Petitioner is before this Court seeking for the aforesaid reliefs. 3. Learned AGA submits that a respondents No.1 and 2 has now been appointed to enforce any recovery certificate issued by RERA and necessary action would be taken by them given 30 days' time. 4. Placing her submission on record, I pass the following: ORDER i. The writ petition is allowed. ii. A mandamus is issued directing Respondents No.1 and 2, who has been so appointed now to - 4 - HC-KAR NC: 2025:KHC:47960 WP No. 27603 of 2025 take effective steps for recovering the amounts covered under the recovery certificate dated 03.07.2025 at Annexure-B as expeditiously as possible, preferably within a period of 60 days from the date of receipt of a certified copy of this order. iii. The petitioner is also permitted to furnish the list of properties owned by Respondent No.3 along with supporting documents to Respondents No.1 and 2, which shall be acted upon by Respondents No.1 and 2. SD/- (SURAJ GOVINDARAJ) JUDGE SR List No.: 1 Sl No.: 73