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2026 DAILYLAW 21888 (KAR)

MR INDRANIL DAS v. THE STATE OF KARNATAKA

WP/17192/2026 · 2026-06-15

Suraj Govindaraj

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:28843 WP No. 17192 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 17192 OF 2026 (GM-RES) BETWEEN: MR. INDRANIL DAS, S/O LATE SATYA CHARAN DAS, AGED ABOUT 34 YEARS, RESIDING AT A-2, AKASH VILLA APARTMENT, 12TH A CROSS, NAGARJUN ENCLAVE, JP NAGAR 1ST PHASE, BANGALORE - 560 078. …PETITIONER (BY SRI. JOSEPH ANTHONY., ADVOCATE) AND: 1. THE STATE OF KARNATAKA, THROUGH ITS SECRETARY, REVENUE DEPT., VIKASA SOUDHA, BANGALORE - 560 001. 2. THE DEPUTY COMMISSIONER, BANGALORE URBAN, KANDAYA BHAVAN, KG ROAD, BENGALURU NORTH TALUK, BENGALURU - 560 009. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:28843 WP No. 17192 of 2026 3. THE REAL ESTATE REGULATORY AUTHORITY, KARNATAKA, THROUGH ITS CHAIRPERSON, SILVER JUBILEE BLOCK, 3RD CROSS RD. SAMPANGI RAMA NAGARA, BENGALURU, KARNATAKA - 560 002. 4. M/S. ARYAN HOMETEC PVT. LTD., REGD., UNDER COMPANIES ACT 1956, OFFICE AT NO.617, 15TH CROSS, 100 FT RING ROAD, J.P.NAGAR, 6TH PHASE, BANGALORE - 560 078. REPRESENTED BY ITS MANAGING DIRECTOR. 5. M/S. KARSTEN HOMES PVT. LTD., REGD. UNDER COMPANIES ACT, 1956, OFFICE AT 319/3, 80 FEET ROAD, OPP. INDOOR STADIUM, 8TH BLOCK, KORAMANGALA, BANGALORE - 560 095. REPRESENTED BY ITS MANAGING DIRECTOR. …RESPONDENTS (BY SRI.MOHAMMED JAFFAR SHAH, AGA FOR R1, R2 AND R3; NOTICE TO R4 AND R5 ARE DISPENSED WITH) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT NO. 1 TO CONSIDER THE REPRESENTATION DATED MARCH 18, 2026 (ANNEXURE-A) AND CONSEQUENTLY, EXECUTE THE IMMEDIATE RECOVERY OF THE SUM OF RS. 27,15,456/- AS ON JULY 21, 2025 AND FURTHER INTEREST ON PRINCIPAL AMOUNT CALCULATED AS PER MCLR PLUS 2 - 3 - HC-KAR NC: 2026:KHC:28843 WP No. 17192 of 2026 PERCENT ACCRUING FROM THE DAY SUBSEQUENT TO THE SPECIFIED DATE UNTIL FULL REALIZATION AS SPECIFIED IN THE RECOVERY NOTICE DATED AUGUST 06, 2025 BEARING NO.RERA/REVENUE/(927/2023)/2025-26/3392 (ANNEXURE-M) AND ETC., THIS 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 Additional Government Advocate accepts notice for respondent Nos.1 to 3. 2. Notice to respondent Nos.4 and 5 is dispensed with in view of the memo filed by the counsel for the petitioner. 3. The petitioner is before this Court seeking the following reliefs; I. Issue a writ, order or direction in the nature of mandamus directing the Respondent No.1 to consider the representation dated March 18, 2026 (Annexure-A) and consequently, execute the immediate recovery of the sum of Rs. 27,15,456/- as on July 21, 2025 and further interest on principal amount calculated as per MCLR+ 2% accruing from the day subsequent to the specified date until full realization as specified in the recovery notice dated August 06, 2025 bearing - 4 - HC-KAR NC: 2026:KHC:28843 WP No. 17192 of 2026 No.RERA/Revenue/(927/2023)/2025-26/3392 (Annexure-M). II. Pass any other order as this Hon'ble Court deems fit in the interest of justice and equity." 4. The grievance of the petitioner is that despite the order dated 21.07.2025 passed by the Karnataka RERA in CMP No.927/2023, no action has been taken by respondent No.2 to enforce the same under Section 40 of the RERA Act. 5. Learned Additional Government Advocate submits that a Special Deputy Commissioner has now been appointed to implement all the orders passed by the RERA who would now take up the matters and pass necessary orders within a period of six weeks from the date of receipt of a copy of this order. 6. The said submission answer the grievance of the petitioner. Placing the said submission on record as also reserving liberty to the petitioner to identify such assets of respondent Nos.4 and 5 as the petitioner - 5 - HC-KAR NC: 2026:KHC:28843 WP No. 17192 of 2026 may be in a position to and bring it to the notice of the concerned Special Deputy Commissioner, the petition stands disposed of. Sd/- (SURAJ GOVINDARAJ) JUDGE GH List No.: 1 Sl No.: 10