- 1 - HC-KAR NC: 2026:KHC:29277 WP No. 13486 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 13486 OF 2026 (GM-RES) BETWEEN: 1. JAGADISH NAYAK AGED ABOUT 40 YEARS SON OF GOPAL KRISHNA NAYAK RESIDING AT FLAT NO. GDRW4C1605, GODREJ ROYALEWOODS, DOVANAHALLI, BENGALURU, 562 110. 2. DEEPA BHATIA GHANSHYAM AGED ABOUT 41 YEARS, WIFE OF VIKRAM DHURU MALKANI RESIDING AT 22/2791, 4TH BLOCK, 6TH STREET, 12TH MAIN ROAD, ANNA NAGAR, CHENNAI 600 040. 3. VIKRAM DHURU MALKANI AGED ABOUT 45 YEARS, SON OF DHURU P MALKANI RESIDING AT 22/2791, 4TH BLOCK, 6TH STREET, 12TH MAIN ROAD, ANNA NAGAR, CHENNAI 600 040. …PETITIONERS (BY SRI. AKASH R BANTIA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA THROUGH THE SPECIAL DEPUTY COMMISSIONER BENGALURU URBAN DISTRICT, Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:29277 WP No. 13486 of 2026 BENGALURU 560 009. 2. THE SPECIAL TAHSILDAR BANGALORE NORTH TALUK, KANDHAYA BHAVAN, K G ROAD, BENGALURU - 560 009. 3. THE TAHSILDAR DEVANAHALLI, BANGALORE RURAL, TALUK PANCHAYATH OFFICE DEVANHALLI, DEVANAHALLI TALUK BENGALURU – 562 110. 4. OZONE URBANA INFRA DEVELOPERS PRIVATE LIMITED A COMPANY INCORPORATED UNDER COMPANIES ACT, 1956, HAVING ITS REGISTERED OFFICE AT NO. 38, ULSOOR ROAD, BENGALURU - 560 042. 5. VASUDEVAN SATHYAMOORTHY SON OF LATE V. SATHYAMOORTHY AGED ABOUT 57 YEARS, RESIDING AT 32, NORRIS ROAD, RICHMOND TOWN, BANGALORE 560 025. 6. SATHY MOORTHY SAI PRASAD SON OF LATE V. SATHYAMOORTHY AGED ABOUT 50 YEARS, RESIDING AT 103, NISHANTH PRIME APARTMENTS, PRIME STREET, RICHMOND TOWN, MUSEUM ROAD, BENGALURU – 560 025. 7. M/S. INDIABULLS HOUSING FINANCE LIMITED (NOW KNOWN AS SAMMAAN CAPITAL LIMITED) A COMPANY INCORPORATED - 3 - HC-KAR NC: 2026:KHC:29277 WP No. 13486 of 2026 UNDER THE PROVISIONS OF THE COMPANIES ACT, 1956. HAVING ITS REGISTERED OFFICE AT M-62 AND 63, FIRST FLOOR, CONNAUGHT PLACE, NEW DELHI - 110 001. 8. THE KARNATAKA REAL ESTATE REGULATORY AUTHORITY THROUGH ITS CHAIRMAN SECOND FLOOR SILVER JUBILEE BLOCK 3RD CROSS ROAD, CSI COMPOUND, MISSION RD, SAMPANGI RAMA NAGARA, BENGALURU, 560 027. …RESPONDENTS (BY SRI. MOHAMMED JAFAR SHAH, AGA FOR R-1 TO R-3 SRI. GOWTHAM DEV.ULLAL, ADVOCATE FOR R-8 SMT. VANDANA.P.L, ADVOCATE FOR R-4 TO R-6) THIS W.P IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO 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 NO. 4, 5 AND 6 IN ACCORDANCE WITH THE PROCEDURE FOR RECOVERY PROVIDED UNDER THE PROVISIONS OF KARNATAKA LAND REVENUE ACT, 1964 AND RULES THEREUNDER WITHIN A PERIOD OF 2 MONTHS, FOR ENFORCEMENT OF THE DIRECTIONS OF RESPONDENT NO.7 AT ANNEXURE-B DATED 11.12.2025 BEARING NO RERA/REVENUE/1359/2025-26/3694, ANNX-B1 DATED 17.02.2026 BEARING NO RERA/REVENUE/86/2025-26/3793, ANNX-B2 DTD 17.02.26 BEARING NO. RERA/REVENUE/50/2025-26/3792, ANNEXURE -B3 DTD 17.02.2026 BEARING NO RERA/REVENUE/50/2025-26/3791, AT ANNEXURE NO B4 DATED 14.02.2026 BEARING NO. RERA/REVENUE/51/2025-26/3794 ISSUED UNDER SECTION 40 (1) OF REAL ESTATE (REGULATION AND DEVELOPMENT) ACT, - 4 - HC-KAR NC: 2026:KHC:29277 WP No. 13486 of 2026 2016 AND RULE 25 OF REAL ESTATE (REGULATION AND DEVELOPMENT) RULES, 2017. 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. The petitioner is before this Court seeking 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 No. 4, 5 and 6 in accordance with the procedure for recovery provided under the provisions of Karnataka Land Revenue Act, 1964 and rules thereunder within a period of 2 months, for enforcement of the directions of Respondent No.7 at Annexure - B dated 11.12.2025 bearing No B1 dated RERA/Revenue/1359/2025-26/3694, Annexure 17.02.2026 bearing No RERA/Revenue/86/2025-26/3793, Annexure dated B2 17.02.2026 RERA/Revenue/50/2025-26/3792, Annexure bearing No B3 dated 17.02.2026 bearing No RERA/Revenue/50/2025-26/3791, At Annexure No B4 dated 12.02.2026 bearing RERA/Revenue/51/2025-26/3794 issued under Section 40 (1) of Real Estate (Regulation and Development) Act, 2016 and Rule 25 of Real Estate (Regulation and Development) Rules, 2017; - 5 - HC-KAR NC: 2026:KHC:29277 WP No. 13486 of 2026 B. Direct the Respondent No 4, 5 and 6 not to alienate any of its properties. C. Direct Respondent No.8 to not renew the license or provide any further extension to the Respondent No.4, 5 and 6 in any of its projects. D. To direct Respondent No. 7 not to continue or initiate any further coercive or recovery action against the Petitioners in respect of the loans. Ε. To issue a writ of mandamus or any other appropriate writ, order or direction, directing Respondent No. 7 to forthwith issue the No Dues Certificate in favour of the Petitioners in respect of their loans, in accordance with and pursuant to the directions issued by Respondent No. 8. In the alternative, to direct Respondent No. 8 to forthwith transfer the decree to the Principal Civil Court of competent jurisdiction for execution of the operative directions contained in the orders, in terms of Section 40(2) of the Real Estate (Regulation and Development) Act, 2016 read with Rule 26 of the Karnataka Real Estate (Regulatory and Development) Rules, 2016. F. 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 grievance of the petitioner is in two folds. Firstly, that the award passed by the KRERA in CMP Nos.01359/2024, 50/2025, 51/2025, 52/2025 and 86/2025 as regards the amount directed to be - 6 - HC-KAR NC: 2026:KHC:29277 WP No. 13486 of 2026 refunded to the petitioner has not been implemented by the Deputy Commissioner and secondly, as regard the non-monetary aspect, the KRERA has not forwarded the matter to the jurisdictional Execution Court, where the petitioner has filed execution proceedings. 3. Insofar as the monetary aspects are concerned, learned, AGA has submitted that now a Special Deputy Commissioner has been appointed, who will be looking into enforcing the orders passed by the KRERA under Section 41 of the Real Estate Regulators' Owners' Act, 2016 and necessary steps would be taken by the Special Deputy Commissioner within a period of 6 weeks from the date of receipt of a copy of this order. 4. Insofar as the non-monetary aspects are concerned, learned counsel for respondent No.8 submits that the order would be registered with the KRERA and - 7 - HC-KAR NC: 2026:KHC:29277 WP No. 13486 of 2026 thereafter, if not complied with, the same would be transferred to the Execution Court. 5. Both the submissions of the counsels answers the grievance of the petitioner. 6. Placing their submissions on record, petition stands disposed of. 7. Liberty is reserved in favour of the petitioner to identify any property belonging to respondent Nos.4, 5 and 6, and furnish the details thereof along with the documentary support to the Special Deputy Commissioner. Sd/- (SURAJ GOVINDARAJ) JUDGE MDS List No.: 1 Sl No.: 44