- 1 - HC-KAR NC: 2026:KHC:23803 WP No. 13573 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 13573 OF 2026 (GM-RES) BETWEEN: 1. MR SUDHIR JALA SON OF MR. SRINIVASARAO JALA AGED ABOUT 53 YEARS ADDRESS NO. 3B, 4TH FLOOR PUSA ROAD, RAJENDRA PLACE NEW DELHI-110008 …PETITIONER (BY SRI: ANKUR TRIPATHI.,ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF REVENUE M.S. BUILDING BENGALURU 560 001. REPRESENTED BY ITS PRINCIPAL SECRETARY 2. DEPUTY COMMISSIONER BANGALORE URBAN DISTRICT. KANDAYA BHAVANA K. G. ROAD BENGALURU 560 009. 3. KARNATAKA REAL ESTATE REGULATORY AUTHORITY 2ND FLOOR, SILVER JUBILEE BLOCK UNIT BUILDING CSI COMPOUND, BENGALURU 560 027. REPRESENTED BY ITS SECRETARY Digitally signed by NAGARAJA B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:23803 WP No. 13573 of 2026 4. M/S SHASHWATI REALTY PVT. LTD. THROUGH ITS DIRECTORS/AUTHORISED REPRESENTATIVES REGISTERED OFFICE AT NO. 19/1. 2ND FLOOR DODDAMANE BUILDING VITTALMALYA ROAD BENGALURU- 560001 …RESPONDENTS (BY SMT: NAVYA SHEKAR, AGA FOR R1 TO T3, NOTICE TO R4 - DISPENSED WITH) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS, DIRECTING RESPONDENT NO.2 TO IMPLEMENT THE ORDER DATED 05.09.2024 IN NO.RERA/REVENUE/0955/2024-25/2847 AND RECOVERY CERTIFICATE DATED 05.09.2024 IN NO.RERA/REVENUE/0955/2024-25 PASSED BY THE RESPONDENT NO.3 IN FAVOUR OF THE PETITIONERS VIDE ANNEXURE - A AND B RESPECTIVELY; ISSUE ANY OTHER WRIT OR ORDER OR DIRECTION THAT DEEMS FIT TO GRANT IN CIRCUMSTANCES OF THE CASE IN THE INTEREST OF JUSTICE AND EQUITY. THIS WP, COMING ON FOR FINAL 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:- "a) Issue a writ of Mandamus, directing Respondent No.2 to implement the order dated 05.09.2024 in - 3 - HC-KAR NC: 2026:KHC:23803 WP No. 13573 of 2026 No.RERA/Revenue/0955/2024-25/2847 and Recovery Certificate dated 05.09.2024 in No.RERA/Revenue/0955/2024-25 passed by the Respondent No.3 in favour of the petitioners vide Annexure-A & B respectively. b) Issue any other Writ or Order or direction that deems fit to grant in circumstances of the case in the interest 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 Nos.1 to - 4 - HC-KAR NC: 2026:KHC:23803 WP No. 13573 of 2026 3. 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 K-RERA', respondent Nos.1 to 3 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 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.2, 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 to 3 to execute the - 5 - HC-KAR NC: 2026:KHC:23803 WP No. 13573 of 2026 Recovery Certificate 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 BGN List No.: 1 Sl No.: 22