- 1 - HC-KAR NC: 2026:KHC:23651 WP No. 13565 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. 13565 OF 2026 (GM-RES) BETWEEN: 1. SANDEEP T S AGED ABOUT 43 YEARS SON OF SUBRAMANYAM T.B. RESIDING AT NO 29 PRATYUSHA, MODEL HOUSE 2 STREET BASAVANAGUDI BANGALORE- 560004 …PETITIONER (BY SRI: AKASH R BANTIA.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA THROUGH THE DEPUTY COMMISSIONER BENGALURU URBAN DISTRICT BENGALURU 560 009 2. THE SPECIAL TAHSILDAR BANGALORE NORTH TALUK KANDHAYA BHAVAN K G ROAD BENGALURU - 560 009 3. THE TAHSILDAR BANGALORE EAST TALUK DIESEL LOCO SHED RD DURAVANI NAGAR KRISHNARAJAPURAM Digitally signed by NAGARAJA B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:23651 WP No. 13565 of 2026 BENGALURU, 560036 KARNATAKA 4. M/S. OZONE RELATORS PVT. LTD A COMPANY INCORPORATED UNDER THE PROVISIONS OF THE COMPANIES ACT, 2013 HAVING ITS REGISTERED OFFICE AT NO.38, ULSOOR ROAD BANGALORE 560042. BY ITS REPRESENTED AUTHORIZED REPRESENTATIVE VASUDEVAN SATHYAMOORTHY 5. OZONE ELEGANT DEVELOPERS LLP A LIMITED LIABILITY REGISTERED PARTNERSHIP UNDER THE LIMITED LIABILITY PARTNERSHIP ACT 2008 HAVING ITS OFFICE AT NO 51/7-1 RATHNA AVENUE OFF. RICHMOND ROAD CIVIL STATION BANGALORE 560025 REPRESENTED BY ITS AUTHORIZED REPRESENTATIVE VASUDEVAN SATHYAMOORTHY 6. THE KARNATAKA REAL ESTATE REGULATORY AUTHORITY THROUGH ITS CHAIRMAN SECOND FLOOR SILVER JUBILEE BLOCK 3RD CROSS ROAD CSI COMPOUND, MISSION ROAD SAMPANGI RAMA NAGARA BENGALURU KARNATAKA 560027 …RESPONDENTS (BY SMT: NAVYA SHEKAR, AGA FOR R1 TO 3, SRI:GOUTHAM DEV C ULLAL, ADV FOR R6, NOTICE TO R4 & R5 DISPENSED WITH) - 3 - HC-KAR NC: 2026:KHC:23651 WP No. 13565 of 2026 THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT RESPONDENT NOS.1 TO 3 TO ENFORCE PAYMENT OF AMOUNTS DUE FROM RESPONDENT NOS.4 AND 5 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 RESPONDENT NO.6 AT ANNEXURE A DATED 19.04.2023 BEARING NO RERA/REVENUE/9971/2022-23, ANNEXURE - A1 DATED 29.08.2024 NO RERA/REVENUE/9999/2024-25/2829, ISSUED UNDER SECTION 40 (1) OF REAL ESTATE (REGULATION AND DEVELOPMENT) ACT, 2016 AND RULE 25 OF REAL ESTATE (REGULATION AND DEVELOPMENT) RULES, 2017B; DIRECT RESPONDENT NO.6 TO NOT RENEW THE LICENSE OR PROVIDE ANY FURTHER EXTENSION TO THE RESPONDENT NO.4 AND 5 IN ANY OF ITS PROJECTS. 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 an appropriate writ, order or direction, in the nature of writ of mandamus or any other writ, directing Respondents No.1 Respondent No.2 and Respondent No.3 to enforce payment of amounts due from Respondent Nos.4 and 5 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 Respondent No.6 at Annexure-A dated 19.04.2023 - 4 - HC-KAR NC: 2026:KHC:23651 WP No. 13565 of 2026 bearing No.RERA/Revenue/9971/2022-23, Annexure- A1 dated 29.08.2024 No.RERA/Revenue/9999/2024- 25/2829, issued under Section 40(1) of Real Estate (Regulation and Development) Rules, 2017; b) Direct Respondent No.6 to not renew the licence or provide any further extension to the Respondent No.4 and 5 in any of its projects. c) Grant such other relief/s, as this Hon'ble Court may deem fit in the facts and circumstances of this case, 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 Nos.1 to - 5 - HC-KAR NC: 2026:KHC:23651 WP No. 13565 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 - 6 - HC-KAR NC: 2026:KHC:23651 WP No. 13565 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.: 19