Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:14736 WP No. 29611 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 29611 OF 2024 (GM-RES)
BETWEEN:
1. ANIL KUMAR IMMANENI AGE 44 R/O 503, NORTH BLOCK, SATYA GREEN APARTMENT, KODIGEHALLI MAIN ROAD, THINDLU, BENGALURU NORTH, BENGALURU - 560097. 2. VANDANA RAI IMMANENI AGE 42 R/O 503, NORTH BLOCK, SATYA GREEN APARTMENT, KODIGEHALLI MAIN ROAD, THINDLU, BENGALURU NORTH, BENGALURU - 560097. 3. RAMESH CHITTAPRAGADA AGED ABOUT 46 R/O PLOT 666, SREERAM NAGAR COLONY PUPPALAGUD, HYDERABAD - 500 089. 4. NAGASARADA REBBAPRAGADA AGED ABOUT 42 R/O PLOT 666, SREERAM NAGAR COLONY PUPPALAGUD, HYDERABAD - 500 089. …PETITIONERS (BY SRI. REYNOLD D'SOUZA.,ADVOCATE)
Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:14736 WP No. 29611 of 2024
AND:
1. THE STATE OF KARNATAKA THROUGH THE DEPUTY COMMISSIONER, BENGALURU URBAN DISTRICT, BENGALURU - 560009. 2. THE SPECIAL TAHASILDAR BANGALORE NORTH TALUK, KANDHAYA BHAVAN, K.G.ROAD, BENGALURU - 560009. 3. DEPUTY COMMISSIONER BANGALORE RURAL DISTRICT, DISTRICT OFFICE COMPLEX, BEERASANDRA VILLAGE, DEVENHALLI TALUK - 562110. 4. TAHASILDARA DEVANHALLI BANGALORE RURAL TALUK PANCHAYATH OFFICE DEVANHALLI,
5. KARNATAKA REAL ESTATE REGULATORY AUTHORITY, THROUGH ITS CHAIRMAN 2ND FLOOR, SILVER JUBLI BLOCK, UNITY BUILDING, CSI COMPOUND, 3RD CROSS, MISSION ROAD, BENGALURU KARNATAKA - 560027
6. OZONE URBANA INFRA DEVELOPERS PRIVATE LIMITED A COMPANY INCORPORATED UNDER COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT NO.38, ULSOOR ROAD, BENGALURU - 560042 THROUGH ITS AUTHORIZED REPRESENTATIVE MANAGING DIRECTOR VASUDEVAN SATHYAMOORTHY
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HC-KAR NC: 2026:KHC:14736 WP No. 29611 of 2024
7. PRINCIPAL SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, 3RD GATE, 5TH FLOOR, MS BUILDING, DR. AMBEDKAR VEEDI, BANGALORE - 560001. …RESPONDENTS
(BY SMT. NAVYA SHEKHAR, AGA FOR R1 TO R4 & R7 SRI. GOWTHAM DEV C ULLAL, ADVOCATE FOR R5 SMT.
VANDANA P L, ADVOCATE FOR R6)
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
CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
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HC-KAR NC: 2026:KHC:14736 WP No. 29611 of 2024
ORAL ORDER
The captioned writ petition is filed seeking the following reliefs:-
"A. Issue an appropriate writ, order or direction in the nature of writ of mandamus or any other writ, directing Respondent Nos.1, 2, 3 and 4 to enforce payment of amount due from Respondent No.6 by implementing the said orders issued by respondent No.5 in accordance with the procedure for recovery provided under the provision of Karnataka Land Revenue Act, 1964 and rules thereunder read along with Real Estate Regulatory Authority Act, 2016 and Rules thereunder, for enforcement and implementation of the direction of Respondent No.5 K-RERA under Annexure-C series which is revenue recovery certificate dated 29.04.2023 and 06.07.2024 bearing number RERA/REVENUE/7894/2022-2023 and RERA/REVENUE/10332/2023-2024 respectively. B. Grant/Pass/Issue such other and further orders/directions/relief as this Hon'ble Court deems fit and necessary under the facts and
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HC-KAR NC: 2026:KHC:14736 WP No. 29611 of 2024
circumstances of the case, in the interest of justice and equity. 2. The learned counsel for the petitioners reiterating the grounds has placed reliance on the order of the Co-ordinate Bench passed in W.P.No.10337/2025, which substantially addresses the core issue raised in the captioned writ petition. 3. Heard learned counsel for the petitioners and learned AGA. Perused the records. 4. The grievance of the petitioners 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 (for short ‘ the Act') and Rule 25 of the Karnataka Real Estate (Regulation and Development) Rules, 2017 ('the K-RERA' for short), has not been enforced by respondent No.1. It is in this backdrop, the petitioners are compelled to knock the doors of the Writ Court seeking aforesaid reliefs. - 6 -
HC-KAR NC: 2026:KHC:14736 WP No. 29611 of 2024
5. This Court in an identical case has consistently taken a view that when a Recovery Certificate is issued by the RERA under Section 40 of 'the Act' and Rule 25 of 'the K-RERA', respondent No.1 is obligated to take further appropriate steps to recover the amounts mentioned in the Recovery Certificate as arrears of land revenue. 6.
Since it is not in dispute that Special Deputy Commissioner is now appointed to act on all the Recovery Certificates issued by the RERA, the petitioners by furnishing the Recovery Certificate have demonstrated their legal right to seek directions at the hands of this Court. Equally, respondent No.1, being a designated Authority, is obligated to enforce the Recovery Certificate obtained by the petitioners. 7. Accordingly, this Court proceeds to pass the following:
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HC-KAR NC: 2026:KHC:14736 WP No. 29611 of 2024
ORDER (i) The writ petition is allowed. (ii) A mandamus is issued directing respondent Nos.1 to 4 to execute the Recovery Certificate at Annexure-C series and recover the amount within a period of eight weeks from the date of receipt of a copy of this order. (iii) The petitioners are at liberty to furnish a list of movable and immovable properties to the Special Deputy Commissioner along with supporting documents.
Sd/- (SACHIN SHANKAR MAGADUM) JUDGE
CA List No.: 2