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2026 DAILYLAW 20571 (KAR)

JOSEPH S KYANADI v. DEPUTY COMMISSIONER

WP/16765/2026 · 2026-06-08

Suraj Govindaraj

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:27227 WP No. 16765 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 16765 OF 2026 (GM-RES) BETWEEN: 1. JOSEPH S KYANADI S/O SAJU JOSEPH AGED ABOUT 38 YEARS 2. SWATHI ARAYAMBETH MADATHIL W/O JOSEPH S KYNADI AGED ABOUT 38 YEARS BOTH RESIDING AT: G202, G BLOCK, GODREJ E-CITY, DODDATHOGUR, ELECTRONIC CITY PHASE 1, BANGALORE, KARNATAKA - 560100 …PETITIONERS (BY SMT. KIRANMAYI., ADVOCATE FOR SRI. MAHESH ARKALGUD SRIKANTH., ADVOCATE) AND: DEPUTY COMMISSIONER BENGALURU URBAN DISTRICT K G ROAD, BEHIND KANDAYA BHAVANA, BENGALURU - 560009 …RESPONDENT (BY SRI. MOHAMMED JAFFAR SHAR., AGA) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION DIRECTING RESPONDENT TO EXECUTE THE RECOVERY COMMUNICATION NO. RERA/KANDAYA/251/2025- 26/3711 DATED Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:27227 WP No. 16765 of 2026 29.12.2025 (ANNEXURE-C) ISSUED BY RERA IN A TIME-BOUND MANNER AND ETC. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. Learned AGA accepts notice for Respondent. 2. The Petitioners are before this Court seeking for the following reliefs: a) Issue a writ of mandamus or any other appropriate writ, order or direction, directing Respondent to execute the Recovery Communication No.RERA/Kandaya/251/2025-26-3711 dated 29.12.2025 (Annexure-C) issued by RERA in time bound manner. b) Grant such other and further reliefs as this Hon’ble Court deems fit under the facts and circumstances of the case, in the interest of justice and equity. 3. The grievance of the petitioners is that the award passed by the Real Estate Regulatory Authority (RERA) communicated on 29.12.2025 at Annexure-C has not been implemented by following the procedure under subsection (1) of Section 40 of the RERA Act. 4. Learned AGA submits that now SOP has been formulated; a Special Deputy Commissioner's post has been created for the specific purpose of - 3 - HC-KAR NC: 2026:KHC:27227 WP No. 16765 of 2026 implementation of the orders passed by RERA and necessary action would be taken in pursuance thereto within period of six weeks from date of receipt of a copy of this order. 5. The submission of learned AGA answers the grievance of petitioners. 6. Placing the said submission on record, the Writ Petition stands disposed. SD/- (SURAJ GOVINDARAJ) JUDGE PRS List No.: 1 Sl No.: 40