- 1 - HC-KAR NC: 2025:KHC:51682 WP No. 18641 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 18641 OF 2025 (GM-RES) BETWEEN: 1. MRS. RUCHI MANAS BHAT WIFE OF MR. MANAS BHAT AGED ABOUT 47 YEARS NO. C-234, MAYUR VIHAR EAST ENG APARTMENT PHASE-1, EXTENSION NEW DELHI-110 091 2. MR. MANAS BHAT SON OF MR. CHETAN KUMAR BHATT AGED ABOUT 48 YEARS NO. C-234, MAYUR VIHAR EAST ENG APARTMENT PHASE-1, EXTENSION NEW DELHI-110 091 …PETITIONERS (BY SRI. ANKUR TRIPATHI.,ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF REVENUE M.S. BUILDING, BENGALURU - 560 001 REPRESENTED BY ITS PRINCIPAL SECRETARY Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:51682 WP No. 18641 of 2025 2. DEPUTY COMMISSIONER BANGALORE CITY DISTRICT KANDAYA BHAVANA, K. G. ROAD BENGALURU - 560 009 3. KARNATAKA REAL ESTATE REGULATORY AUTHORITY 2ND FLOOR, SILVER JUBILEE BLOCK UNIT BUILDING CSI COMPOUND BENGALURU - 560 027 REPRESENTED BY ITS SECRETARY 4. GOLDEN GATE PROPERTIES LTD. GOLDEN HOUSE NO. 820, 80 FEET ROAD KORAMANGALA 8TH BLOCK BANGLORE-560095 (REG. UNDER COMPANIES ACT) …RESPONDENTS (BY SMT. SARITHA KULKARNI, AGA FOR R1 & R2; SRI. K.RAJASHEKAR, ADVOCATE FOR R3; VIDE ORDER DATED 8.12.2025 NOTICE TO R4 DISPENSED WITH) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO. ISSUE A WRIT OF MANDAMUS, DIRECTING THE RESPONDENT NO. 2 TO IMPLEMENT THE ORDER DATED 04.12.2024 IN NO. RERA/REVENUE/009314/2024-25/2965 CERTIFICATE DATED 04.12.2024 AND RECOVERY IN NO. RERA/REVENUE/009314/2024-25/2965 PASSED BY THE - 3 - HC-KAR NC: 2025:KHC:51682 WP No. 18641 of 2025 RESPONDENT NO.3 IN FAVOUR OF THE PETITIONERS. THE COPIES OF THE ORDER DATED 04.12.2024 AND EXECUTION ORDER DATED 04.12.2024 VIDE ANNEXURE A AND B RESPECTIVELY. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. Smt. Saritha Kulkarni, learned AGA accepts notice for respondent Nos.1 and 2. Sri K. Rajashekar, learned counsel is directed to accept notice for respondent No.3. Notice to respondent No.4 is dispensed with in view of the proposed order to be passed. 2. The Petitioners are before this Court seeking for the following reliefs: a. Issue a writ of mandamus, directing the respondent No. 2 to implement the order dated 04.12.2024 in no. RERA / Revenue / 009314/ 2024-25/2965 and Recovery certificate dated 04.12.2024 and recovery in no. RERA/Revenue/009314/2024- 25/2965 passed by the respondent no.3 in favour of the petitioners. The copies of the order dated 04.12.2024 and execution order dated 04.12.2024 vide Annexure A and B respectively. b. Issue any other writ or order or direction that deems fit to grant in circumstances of the case in the interest of justice and equity. - 4 - HC-KAR NC: 2025:KHC:51682 WP No. 18641 of 2025 3. The grievance of the Petitioners 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 Respondent No.2. It is in that background that the Petitioners are before this Court seeking for the aforesaid reliefs. 4. Learned AGA submits that a Special Deputy Commissioner has now been appointed to enforce any recovery certificate issued by RERA and necessary action would be taken by a Special Deputy Commissioner given 30 days' time. 5. Placing her submission on record, I pass the following: ORDER (a) Writ petition is allowed. - 5 - HC-KAR NC: 2025:KHC:51682 WP No. 18641 of 2025 (b) A mandamus is issued directing Respondent No.2-Deputy Commissioner or the Special Deputy Commissioner, who has been so appointed now to take effective steps for recovering the amounts covered under the recovery certificate dated 04.12.2024 at Annexure-B as expeditiously as possible, preferably within a period of 8 weeks from the date of receipt of a certified copy of this order. (c) The Petitioners are also permitted to furnish the list of properties owned by Respondent No.3 along with supporting documents to Respondent No.2, which shall be acted upon by Respondent No.2. SD/- (SURAJ GOVINDARAJ) JUDGE KTY