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2026 DAILYLAW 22850 (KAR)

MR H SUBRAMANIAN v. M/S LILY REALITY PVT LTD

WP/3480/2026 · 2026-06-17

Suraj Govindaraj

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:29602 WP No. 3480 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 3480 OF 2026 (GM-RES) BETWEEN: 1. MR H SUBRAMANIAN S/O SRI. HARIHARASUBRAMANIAN, AGED 67 YEARS 2. MRS. PUSHPA SUBRAMANIAN, W/O MR.H.SUBRAMANIAN AGED ABOUT 62 YEARS BOTH ARE RESIDING AT FLAT NO.604, PROGRESSIVE HIGHNESS, PLOT NO.5 AND 6, SECTOR-16A, NEAR SBI, SANPADA, NAVI MUMBAI, THANE DIST., MAHARASHTRA - 400705. …PETITIONERS (BY SRI. SHIVAKUMAR.,ADVOCATE) AND: 1. M/S LILY REALITY PVT LTD A COMPANY REGISTERED UNDER COMPANIES ACT, 2013 HAVING ITS REGISTERED OFFICE AT FLOOR-3, PLOT NO.254 A, BAND BOX, DR. ANNIE BESANT ROAD, WORLI COLONY, MUMBAI-400 030. 2. THE DEPUTY COMMISSIONER, BANGALORE URBAN DISTRICT, OFFICE OF THE DEPUTY COMMISSIONER, KANDAYA BHAVANA, K.G. ROAD, BANGALORE - 560 009. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:29602 WP No. 3480 of 2026 3. KARNATAKA REAL ESTATE REGULATORY AUTHORITY, 2ND FLOOR, SILVER JUBILEE BLOCK, 3RD CROSS ROAD, CSI COMPOUND, MISSION ROAD, SAMPANGIRAM NAGARA, BANGALORE - 560 027. REPRESENTED BY ITS SECRETARY …RESPONDENTS (BY SRI. MOHAMMED JAFFAR SHAH., AGA FOR R1 TO R3) 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 DIRECTING RESPONDENT NO.1 TO PAY RS.58,70,812/-, THE OUTSTANDING DUE TILL 16.07.2021 AND FURTHER INTEREST ON RS.58,70,812/-FROM 17.07.2021 TILL THE DATE OF PAYMENT TO THE PETITIONER AND AS AN ALTERNATIVE, DIRECT THE RESPONDENT NO. 2 TO RECOVER THE ABOVE MENTIONED AMOUNT FROM THE RESPONDENT NO.1 VIDE REVENUE RECOVERY CERTIFICATE BEARING NO. RERA / REVENUE /6665/2024-25/3067 DATED 29.01.2025, PRODUCED AS ANNEXURE - C TO THIS PETITION 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 Respondents No.2 and 3. 2. Notice to respondent no.1 is dispensed with since respondent no.1 need not be heard in the present matter. - 3 - HC-KAR NC: 2026:KHC:29602 WP No. 3480 of 2026 3. The Petitioners are before this Court seeking for the following reliefs: (a) Issue a writ of mandamus or any other appropriate writ/ order directing Respondent No.1 to pay Rs.58,70,812/-, the outstanding due till 16.07.2021 and further interest on Rs.58,70,812/- from 17.07.2021 till the date of payment to the Petitioner and as an alternative, direct the Respondent No. 2 to recover the above mentioned amount from the Respondent No.1 vide Revenue Recovery Certificate bearing No. RERA / Revenue /6665/2024-25 / 3067 dated 29.01.2025, produced as Annexure C to this petition; and (b) Grant such other and further reliefs as this Hon'ble Court deems fit in the facts and circumstances of the case, in the interest of justice and equity. 4. The grievance of the petitioner is that the order passed by the KRERA in CMP No.200925/0006665 as regard which Revenue Recovery Certificate dated 29.01.2025 has been issued has not been implemented by respondent No.2-Deputy Commissioner. 5. Learned AGA on instruction submits that a Special Deputy Commissioner's post has been created for implementation of the orders passed by the RERA and recovery of the amounts. - 4 - HC-KAR NC: 2026:KHC:29602 WP No. 3480 of 2026 6. His submission is that given six weeks’ time the orders in the present petition would be implemented. His submission answers the grievance of the petitioner. 7. Reserving liberty to the petitioner to furnish the details of the properties of respondent No.1 along with accompanying documents to the Special Deputy Commissioner, the petition stands disposed in terms of the submission made by Learned AGA. Sd/- (SURAJ GOVINDARAJ) JUDGE PRS List No.: 1 Sl No.: 1