- 1 - HC-KAR NC: 2026:KHC:17852 WP No. 9957 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 9957 OF 2026 (GM-RES) BETWEEN: MR. PRASAT AWASTHI AGED 46 YEARS 41113, SOBHA DREAM ACRES WING 41, PHASE 2, BALAGERE ROAD PANATHURU MAIN ROAD OFF ORR, BALAGERE BANGALORE 560087 …PETITIONER (BY SRI. SATHIES KUMAR S., ADVOCATE) AND: 1. STATE OF KARNATAKA THROUGH THE DEPUTY COMMISSIONER, BENGALURU URBAN DISTRICT, BENGALURU-560009 2. THE SPECIAL TAHSILDAR BANGALORE NORTH TALUK, KANDHAYA, BHAVAN, K. G. ROAD, BENGALURU 560009 3. OZONE URBANA INFRA DEVELOPERS SKPRIVATE LIMITED A COMPANY INCORPORATED UNDER Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:17852 WP No. 9957 of 2026 COMPANIES ACT, 1950 HAVING ITS REGISTERED OFFICE AT NO. 38, ULSOOR ROAD, BENGLAURU-560042 REP. BY IT MANGING DIRECTOR 4. BANGALORE RURAL DEPUTY COMMISSIONER BANGALORE RURAL DISTRICT, DISTRICT OFFICE COMPLEX, BEERASANDRA VILLAGE, DEVANAHALLI TALUK 562110 5. TAHSILDAR DEVANAHALLI, BANGALORE RURAL TALUK PANCHAYATH OFFICE DEVANHALLI, DEVANAHALLI TALUK BANGALORE 562110. 6. VASUDEVAN SATHYAMOORTHY NO. 32, NORRIS ROAD, RICHMOND TOWN, BANGALORE 560025. 7. PRIYA VASUDEVAN NO. 32, NORRIS ROAD, RICHMOND TOWN, BANGALORE 560025. 8. SATHYAMOORTHY SAI PRASAD NO. 32, NORRIS ROAD, RICHMOND TOWN, BANGALORE 560025 9. DURBHAKULA VAMSI SAI NO. 32, NORRIS ROAD, RICHMOND TOWN, BANGALORE 560025 - 3 - HC-KAR NC: 2026:KHC:17852 WP No. 9957 of 2026 10. SRINIVASSAN GOPALAN NO. 32, NORRIS ROAD, RICHMOND TOWN, BANGALORE 560025 11. SEEWOSAGAR NEMCHAND NO. 32, NORRIS ROAD, RICHMOND TOWN, BANGALORE 560025. 12. RAJEEV BHARIDARI NO. 32, NORRIS ROAD, RICHMOND TOWN, BANGALORE 560025. …RESPONDENTS (BY SMT. NAVYA SHEKHAR, AGA FOR R1, R2, R4 AND R5) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING RESPONDENT NO.1, 2, 4 AND 5 TO ENFORCE PAYMENT OF AMOUNTS DUE FROM RESPONDENT NO.3, IN ACCORDANCE WITH THE PROCEDURE FOR RECOVERY PROVIDED UNDER THE PROVISIONS OF KARNATAKA LAND REVENUE ACT, 1964 AND RULES THEREUNDER, FOR ENFORCEMENT OF THE DIRECTIONS OF K-RERA ISSUED UNDER SECTION 40(1) OF REAL ESTATE (REGULATION AND DEVELOPMENT) ACT, 2016 AND RULE 25 OF REAL ESTATE (REGULATION AND DEVELOPMENT) RULES, 2017. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM - 4 - HC-KAR NC: 2026:KHC:17852 WP No. 9957 of 2026 ORAL ORDER The captioned writ petition is filed seeking for the following reliefs:- "a. Issue an appropriate writ, order of direction in the nature of writ of mandamus or any other writ, directing respondent Nos.1, 2, 4 and 5 to enforce payment of amounts due from Respondent No.3, in accordance with the procedure for recovery provided under the provisions of Karnataka Land Revenue Act, 1964 and rules threreunder, for enforcement of the directions of K-RERA issued under Section 40(1) of Real Estate (Regulation and Development) Act, 2016 and Rule 25 of Real Estate (Regulation and Development) Rules, 2017; b. Grant such other reliefs as this Hon'ble Court may deem fit in favour of the petitioner in the interest of justice." 2. The learned counsel for the petitioner reiterating the grounds has placed reliance on the order of the - 5 - HC-KAR NC: 2026:KHC:17852 WP No. 9957 of 2026 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 for respondent Nos.1, 2, 4 and 5. 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 Nos.1, 2, 4 and 5. It is in this 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 view that when a Recovery Certificate is issued by the RERA under Section 40 of 'the Act' and Rule 25 of 'the - 6 - HC-KAR NC: 2026:KHC:17852 WP No. 9957 of 2026 K-RERA', respondent Nos.1, 2, 4 and 5 are 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 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 their legal right to seek directions at the hands of this Court. Equally, respondent No.4, being a designated Authority, is obligated to enforce the Recovery Certificate obtained by the petitioner. Therefore, this Court proceeds to pass the following; ORDER (i) The writ petition is allowed. (ii) A mandamus is issued directing respondent Nos.1, 2, 4 and 5 to execute the Recovery Certificate at Annexure-C and recover the amount within a period of eight - 7 - HC-KAR NC: 2026:KHC:17852 WP No. 9957 of 2026 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 Deputy Commissioner along with supporting documents. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE AMM List No.: 1 Sl No.: 19