- 1 - HC-KAR NC: 2025:KHC:51708 WP No. 36767 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. 36767 OF 2025 (GM-RES) BETWEEN: 1. MR. B.R. VASUKI S/O. B. N. RANGANATHAN AGED ABOUT 69 YEARS, R/A. C-601, BRIGADE REGENCY, 8TH MAIN ROAD, MALLESHWARAM, BENGALURU - 560 055. 2. MRS. B. R. VASUDHA, W/O. B.R. VASUKI, AGED ABOUT 64 YEARS, R/A. C-601, BRIGADE REGENCY, 8TH MAIN ROAD, MALLESHWARAM, BENGALURU - 560 055. …PETITIONERS (BY SMT. DEEPIKA JOSHI, ADVOCATE FOR SRI. SANDEEP LAHIRI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY THE SECRETARY HOUSING DEPARTMENT, ROOM NO.211, 2ND FLOOR, VIKAS SOUDHA, BANGALORE - 560 001. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:51708 WP No. 36767 of 2025 2. THE KARNATAKA REAL ESTATE REGULATORY AUTHORITY, REPRESENTED BY ITS SECRETARY, 2ND FLOOR, SILVER JUBILEE BLOCK, UNITY BUILDING CSI COMPOUND, 3RD CROSS, MISSION ROAD, BANGALORE - 560 027. 3. THE DEPUTY COMMISSIONER, BANGALORE URBAN DISTRICT, K.G. ROAD, BANGALORE - 560 009. 4. OZONE URBANA INFRA DEVELOPERS PVT. LTD. A PUBLIC LIMITED COMPANY INCORPORATED UNDER THE COMPANIES ACT, 2013, NO.38, ULSOOR ROAD, BANGALORE - 560 042, REPRESENTED BY MANAGING DIRECTOR. …RESPONDENTS (BY SRI. SIDDARTH BABURAO, AGA FOR R1 TO R3; VIDE ORDER DATED 08.12.2025, NOTICE TO R4 DISPENSED WITH) *** THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT NO.3 TO EXECUTE THE ORDER DATED 02.11.2022 PASSED BY THE RESPONDENT NO.2 CMP/220516/0009460 IN ACCORDANCE WITH THE DIRECTION OF THE RESPONDENT NO.2 DATED 22.04.2024 BEARING REFERENCE NO.RERA/ KANDAYA/ 9460/ 2023-24/ 2592 (ANNEXURE-A), ETC., - 3 - HC-KAR NC: 2025:KHC:51708 WP No. 36767 of 2025 THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. Learned Additional Government Advocate accepts notice for respondent Nos.1 to 3. Notice to respondent No.4 is dispensed with since respondent No.4 is not required to be heard in these proceedings. 2. Petitioners are before this Court seeking for the following reliefs: "1. Issue writ, order or direction in the nature of Mandamus or any other appropriate writ directing the Respondent No.3 to execute the order dated 02.11.2022 passed by the Respondent No.2 In CMP/220516/0009460 in accordance with the Direction of the Respondent No.2 dated 22.04.2024 bearing No.RERA/Kandaya/9460/2023-24/2592 (Annexure A); ii. Issue of writ, order or direction in the nature of Mandamus or any other appropriate writ directing the Respondent No.3 to execute the order dated 02.11.2022 passed by the Respondent No.2 in - 4 - HC-KAR NC: 2025:KHC:51708 WP No. 36767 of 2025 CMP/220516/0009465 in accordance with the Direction of the Respondent No.2 dated 22.04.2024 bearing reference No.RERA / Kandaya /9465/ 2023-24/ 2593 (Annexure B); iii. Issue of writ, order or direction in the nature of Mandamus or any other appropriate writ directing the Respondent No.3 to execute the order dated 02.11.2022 passed by the Respondent No.2 in CMP/ 220156/ 0009466 in accordance with the Direction of the Respondent No.2 dated 22.04.2024 bearing reference No. RERA/Kandaya/9466/2023-24/2589 (Annexure C); iv. Issue of writ, order or direction in the nature of Mandamus or any other appropriate writ directing the Respondent No.4 to comply the orders dated 02.11.2022 passed by the Respondent No.2 in CMP/220516/0009460, CMP/220156/0009466; CMP/220516/0009465 and v. Issue such other order, writ, direction that this Hon'ble Court deems fit under the facts and circumstances of the case, in the interest of justice and equity." 3. The grievance of the petitioners is that the Recovery Certificate issued by the respondent No.2/RERA, under Section 40(1) of the Karnataka Real Estate - 5 - HC-KAR NC: 2025:KHC:51708 WP No. 36767 of 2025 (Regulation and Development) Act, 2016 (hereinafter referred to as 'RERA' for short), has not been implemented by respondent No.3 and the amounts not recovered as arrears of land revenue. 4. This Court, in several matters has held that, whenever a Recovery Certificate is issued under Section 40 of the RERA, it is required for the jurisdictional Deputy Commissioner and/or the Tahsildar to implement the said order and recover the money by way of arrears of land revenue, within a reasonable period of time. 5. According to the petitioners, no action has been taken in spite of the said order. 6. As such, I pass the following: ORDER (i) Writ Petition is allowed; - 6 - HC-KAR NC: 2025:KHC:51708 WP No. 36767 of 2025 (ii) A Mandamus is issued to the respondent No.3 to immediately comply with the orders passed under Section 40 (1) of the RERA at Annexures A, B and C and recover the amounts mentioned therein as arrears of land revenue, within a period of eight weeks from today. (iii) The petitioners are permitted to furnish a list of movable and immovable properties owned by respondent No.4, to respondent No.3, along with supporting documents, which shall be acted upon by respondent No.3. SD/- (SURAJ GOVINDARAJ) JUDGE BMV* List No.: 1 Sl No.: 23