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2026 DAILYLAW 11037 (KAR)

MR SREE HARSHA BANDARU v. STATE OF KARNATAKA

WP/18037/2025 · 2026-03-11

Sachin Shankar Magadum

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:14736 WP No. 18037 of 2025 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. 18037 OF 2025 (GM-RES) BETWEEN: MR SREE HARSHA BANDARU AGED ABOUT 46 YEARS, SON OF DR. V. BANDARU, RESIDING AT NO. FLAT 410, SAI NANDANAM APT, 12TH CROSS ROAD, NEAR WIPRO TECHNOLOGIES, SARJAPUR MAIN ROAD, KASAVANAHALLI, CARMELRAM, BENGALURU 560 035 …PETITIONER (BY SRI. RAJKUMAR M D., ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED 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 560 009 3. M/S. SHASHWATI REALTY PVT. LTD., A COMPANY INCORPORATED UNDER THE PROVISIONS OF COMPANIES ACT, Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:14736 WP No. 18037 of 2025 HAVING ITS REGISTERED OFFICE AT NO.19/1, 2ND FLOOR, DODDAMANE BUILDING, VITTALMALYA ROAD, BANGALORE 560 001 REPRESENTED BY ITS DIRECTOR ALSO AT: SHASHWATI REALITY PVT. LTD. PASHMINA BROOKWOODS, KHATAHA NO. 48, 49, 50 AND 51 (OLD SURVEY NO.22/1, 22/2, 23/1 AND 24), KAMMASANDRA VILLAGE, BIDARAHALLI HOBLI BENGALURU EAST TALUK, BENGALURU RURAL, KARNATAKA 560049 AND: SHASHWATI REALITY PVT. LTD., 3RD FLOOR, BENGAL CHEMICAL BLDG, VEER SAVARKAR MARG, PRABHADEVI, MUMBAI 400 025 4. KARNATAKA REAL ESTATE REGULATORY AUTHORITY THROUGH ITS CHAIRMAN SECOND FLOOR, SILVER JUBLIEE BLOCK MISSION ROAD. BENGALURU 560 027. …RESPONDENTS (BY SMT. NAVYA SHEKHAR, AGA FOR R1 & R2 SRI. RAJSHEKHAR K, ADVOCATE FOR R4) THIS WRIT PETITION FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A. DIRECTING THE RESPONDENT NO. 1 TO 2 TO PROMPTLY TAKE ALL NECESSARY ACTIONS TO ENFORCE THE ORDER DATED 18/12/2024 PASSED BY THE RESPONDENT NO. 4 IN COMPLAINT NO. CMP/148/2024 AT ANNEXURE A AND THE - 3 - HC-KAR NC: 2026:KHC:14736 WP No. 18037 of 2025 REVENUE RECOVERY CERTIFICATE DATED 17/04/2025 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. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER The captioned writ petition is filed seeking the following reliefs:- "a. Issue a Writ of Mandamus or any other appropriate writ, order, or direction, directing the Respondent No.1 and 2 to promptly take all necessary actions to enforce the Order dated 18.12.2024 passed by the Respondent No.4 in Complaint No.CMP/148/2024 at Annexure-A and the Revenue Recovery Certificate dated 17.04.2025 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. - 4 - HC-KAR NC: 2026:KHC:14736 WP No. 18037 of 2025 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. 2. The learned counsel for the petitioner 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 petitioner and learned AGA. Perused the records. 4. 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 (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 - 5 - HC-KAR NC: 2026:KHC:14736 WP No. 18037 of 2025 backdrop, the petitioner is compelled to knock the doors of the Writ Court seeking aforesaid reliefs. 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 petitioner by furnishing the Recovery Certificate has demonstrated his 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 petitioner. 7. Accordingly, this Court proceeds to pass the following: - 6 - HC-KAR NC: 2026:KHC:14736 WP No. 18037 of 2025 ORDER (i) The writ petition is allowed. (ii) A mandamus is issued directing respondent Nos.1 and 2 to execute the Recovery Certificate at Annexure-B and recover the amount within a period of eight weeks from the date of receipt of a copy of this order. (iii) The petitioner is 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 Sl No.: 0