- 1 - HC-KAR NC: 2026:KHC:14736 WP No. 13573 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. 13573 OF 2025 (GM-RES) BETWEEN: 1. MR. NIKHIL NARAYANAN S/O. V.P. BALAGANGADHARAN AGED ABOUT 44 YEARS 2. MRS. DEVIKA RAJEEV W/O. NIKHIL NARAYANAN AGED ABOUT 38 YEARS BOTH 1ST AND 2ND PETITIONERS ARE R/AT 313, PANACHE BLOCK ADITHYA SOIGNE, SHIVANANDA NAGAR BENGALURU - 560 075. …PETITIONERS (BY SRI. AMIT ANAND, ADVOCATE) AND: 1. THE PRINCIPAL SECRETARY REVENUE DEPARTMENT GOVERNMENT OF KARNATAKA ROOM NO. 505, 5TH FLOOR GATE -3, M S BUILDING DR. B.R. AMBEDKAR VEEDHI BENGALURU 560 001. 2. THE DEPUTY COMMISSIONER BANGALORE URBAN DISTRICT KANDAYA BHAVAN, KEMPEGOWDA ROAD BENGALURU-560 009. Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:14736 WP No. 13573 of 2025 3. THE TAHSILDAR BENGALURU NORTH ADDITIONAL TALUK OFFICE HOTEL SHARAVATHI BUILDING 3RD FLOOR, YELAHANKA NEW TOWN BENGALURU - 560 064. 4. THE SPECIAL TAHSILDAR TAHSILDAR OFFICER, YELAHANKA TALUK BENGALURU-560 064. 5. KARNATAKA REAL ESTATE REGULATORY AUTHORITY (K-RERA) REPRESENTED BY ITS SECRETARY 1/14, 2ND FLOOR, SILVER JUBILEE BLOCK UNITY BUILDING BACKSIDE CSI COMPOUND, 3RD CROSS MISSION ROAD, BENGALURU-560 027. 6. M/S TRISHUL DEVELOPERS A REGISTERED PARTNERSHIP FIRM OFFICE AT MITTAL TOWERS OFFICE NO. 109, B WING, FIRST FLOOR NO. 6, M G ROAD, BENGALURU-560 001. ALSO AT MITTAL PALMS, NO.32/2 SHIVANAHALLI, JAKKUR BENGALURU - 560064 REPRESENTED BY ITS PARTNER MR. NIRAJ MITTAL, MR. O P MITTAL MRS. UMA MITTAL AND MRS. JYOTHI MITTAL MOBILE NO. 9845030080/8660783512 7. R. NARAYANASWAMY S/O LATE N. RAMAIAH AGED ABOUT 77 YEARS 8. R. BASAVARAJU S/O LATE N. RAMAIAH AGED ABOUT 72 YEARS - 3 - HC-KAR NC: 2026:KHC:14736 WP No. 13573 of 2025 9. R. ADINARAYANA S/O LATE N. RAMAIAH AGED ABOUT 67 YEARS 10. R. NAGARAJA S/O LATE N. RAMAIAH AGED ABOUT 65 YEARS R7 TO R10 ARE RESIDING AT NO.117, BASAVESHWARA NILAYA MUNESHWARA TEMPLE ROAD JAKKUR, JAKKUR POST BENGALURU-560 064. MOBILE NO. 80952 62702 EMAIL BHASKARB_CA@YAHOO.CO.IN …RESPONDENTS (BY SMT. NAVYA SHEKHAR, AGA FOR R1 TO R4; SRI. GOWTHAN DEV C. ULLAL, ADVOCATE FOR R5; SMT. RUPALI K. TRIVEDI, ADVOCATE FOR R6) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING FOR DIRECTION TO THE RESPONDENTS 1 TO 4 TO COMPLETE THE RECOVERY PROCESS WITHIN A PARTICULAR TIMEFRAME IN PURSUANCE OF THE RECOVERY CERTIFICATE BEARING NO.RERA/REV/1360/2023-24/2693, DATED 24.06.2024 (ANNEXURE-E) ISSUED BY THE KARNATAKA REAL ESTATE REGULATORY AUTHORITY TO THE 2ND RESPONDENT IN FAVOUR OF THE PETITIONERS AND ETC. THIS PETITION, COMING ON FOR FURTHER HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM - 4 - HC-KAR NC: 2026:KHC:14736 WP No. 13573 of 2025 ORAL ORDER The captioned writ petition is filed seeking the following reliefs:- "i. Issue an appropriate writ, order or direction to the respondents 1 to 4 to complete the recovery process within a particular timeframe in pursuance of the Recovery Certificate bearing No.RERA/REV/1360/2023-24/2693, dated 24.06.2024 (Annexure-E) issued by the Karnataka Real Estate Regulatory Authority to the 2nd respondent, in favour of the petitioners, in the interest of justice and equity. ii. Issue an appropriate writ, order or direction to the respondents 1 to 4 to complete the recovery process within a particular timeframe in pursuance of the Recovery Certificate bearing No.No.RERA/REV/1787/2024-25/3148, dated 25.03.2025 (Annexure-F), issued by the Karnataka Real Estate Regulatory Authority to the 2nd respondent, in favour of the petitioners, in the interest of justice and equity. - 5 - HC-KAR NC: 2026:KHC:14736 WP No. 13573 of 2025 iii. Pass such other order as this Hon'ble Court deems fit on the facts and circumstances of the case, including the award of costs, 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 - 6 - HC-KAR NC: 2026:KHC:14736 WP No. 13573 of 2025 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 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: - 7 - HC-KAR NC: 2026:KHC:14736 WP No. 13573 of 2025 ORDER (i) The writ petition is allowed. (ii) A mandamus is issued directing respondent Nos.1 to 4 to execute the Recovery Certificate at Annexures-E and F 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