Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:14600 WP No. 7844 of 2026
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. 7844 OF 2026 (GM-RES)
BETWEEN:
1.
SRI. VITTAL DOKRE S/O SHESHARAO AGED ABOUT 40 YEARS RESIDING AT FLAT A-302 BLDG NO. 18, GULSHAN CHS LTD GOKULDHAM, GOREGAON (E) MUMBAI SUBURBAN, MAHARASHTRA- 4000 063
2.
SMT. VARSHA DOKRE W/O VITTAL DOKRE AGED ABOUT 38 YEARS RESIDING AT FLAT A-302 BLDG NO. 18, GULSHAN CHS LTD GOKULDHAM, GOREGAON (E) MUMBAI SUBURBAN MAHARASHTRA- 4000 063
…PETITIONERS
(BY SRI. SOFIYA, ADVOCATE)
AND:
1.
STATE OF KARNATAKA REPRESENTED BY DEPUTY COMMISSIONER DC OFFICE, KG ROAD AMBEDKAR VEEDHI BANGALORE - 560 009.
BENGALURU URBAN DISTRICT
Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:14600 WP No. 7844 of 2026
2.
THE TAHSILDAR ANEKAL TALUK, THALI RD VINAYAKA NAGAR, ANEKAL KARNATAKA-562 106.
3.
M/S SANCHAYA LAND AND ESTATE PVT LTD.
NO.479, HMT LAYOUT, RT NAGAR NEAR RT NAGAR BUS DEPOT BENGALURU - 560 032. …RESPONDENTS
(BY SRI. ADITYA DIWAKARA, AGA FOR R1 AND R2;
V/O/D 11.03.2026 NOTICE TO R3 - DISPENSED WITH)
THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R1 TO IMPLEMENT THE ORDER OF EXECUTION DATED 20/06/2025 PASSED BY THE KARNATAKA REAL ESTATE REGULATORY AUTHORITY IN COMPLAINT NO. CMP/210306/0007754, IN A TIME BOUND MANNER (ANNEXURE-A) AND ETC.
THIS PETITION, COMING ON FOR PELIMINARY 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 for the following reliefs:-
"i. Directing the 1st Respondent to implement the order of execution dated 20.06.2025 passed by the Karnataka Real Estate Regulatory Authority in Complaint
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HC-KAR NC: 2026:KHC:14600 WP No. 7844 of 2026
No.CMP/210306/0007754, in a time bound manner (Annexure-A);
ii. Directing the 1st Respondent to recover the dues from the 3rd Respondent as per the Recovery Certificate dated 17.07.2025 bearing No.RERA/Kandaya/ 7754/2025-26 issued by the Hon'ble Karnataka Real Estate Regulatory Authority in Complaint No.CMP/210306 /0007754, in favour of the petitioners in a time bound manner (Annexure-B); iii. Award cost of the Petition;
iv. Grant such other and further reliefs as this Hon'ble Court deems fit and proper in the 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. - 4 -
HC-KAR NC: 2026:KHC:14600 WP No. 7844 of 2026
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. 5. This Court in an identical case has consistently taken 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. - 5 -
HC-KAR NC: 2026:KHC:14600 WP No. 7844 of 2026
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 has 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. Therefore, this Court proceeds to pass the following;
ORDER (i) The writ petition is allowed. (ii) A mandamus is issued directing respondent Nos.1 and 2 and the Special Deputy Commissioner now appointed 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.
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HC-KAR NC: 2026:KHC:14600 WP No. 7844 of 2026
(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
NBM List No.: 1 Sl No.: 44