- 1 - HC-KAR NC: 2026:KHC:29904 WP No. 11235 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 11235 OF 2026 (GM-RES) BETWEEN: 1. KAVERI MANGESH HAGARGI, W/O MANGESH MAHADEO HAGARGI, AGE ABOUT 52 YEARS, 2. MANGESH MAHADEO HAGARGI, AGE ABOUT 54 YEARS, BOTH ARE R/AT NO.604, VARS ALL SEASONS APARTMENT, 4TH MAIN ROAD, KONENA AGRAHARA, OFF OLD AIRPORT ROAD, BENGALURU - 560 017. …PETITIONERS (BY SMT.T.J.SULASA, ADVOCATE FOR SRI. BASAVARAJU M., ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY SECRETARY, REVENUE DEPARTMENT, VIDHANA SOUDHA, BENGALURU - 560 001. 2. DEPUTY COMMISSIONER, BENGALURU URBAN DISTRICT, KANDAYA BHAVAN, Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:29904 WP No. 11235 of 2026 K.G.ROAD, BENGALURU - 560 009. 3. TAHSILDAR, ANEKAL TALUK, ANEKAL, BENGALURU - 562 106. 4. M/S. INFINITE BUILDERS & DEVELOPERS, REPRESENED MR.GULAM MUSTAFA, BTM LAYOUT, 1ST STAGE, 1ST PHASE, BENGALURU - 560 068. …RESPONDENTS (BY SRI.MOHAMMED JAFFAR SHAH, AGA FOR R1 TO R3; NOTICE TO R4 IS DISPENSED WITH) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO A) ISSUE A WRIT OF MANDAMUS DIRECTING RESPONDENT NOS 2 AND 3 TO EXECUTE THE RECOVERY BY ATTACHMENT AND AUCTION PROCEEDINGS WITHIN A TIME FRAME OF 8 WEEKS 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. - 3 - HC-KAR NC: 2026:KHC:29904 WP No. 11235 of 2026 2. Notice to respondent No.4 is dispensed with, as respondent No.4 is not required to be heard in the present matter. 3. The petitioners are before this Court seeking for the following reliefs: "a) Issue a writ of mandamus directing Respondent Nos.2 and 3 to execute the Recovery by attachment and auction proceedings within a time frame of 8 weeks; b) Direct Respondent Nos.2 and 3 to complete recovery of amount mentioned below along with interest calculated at the rate of MCLR + 2% from 25/9/2025 as per RRC till realization shall continue to accrue at the same rate; 1 Kaveri Mangesh Hagargi Rs.14,95,762/- M/s infinite Builders & Developers 2 Mangesh Mahadeo Hagargi Rs.12,23,922/- M/s Infinite Builders & Developers c) Direct Respondent Nos.2 and 3 recovered amount to deposit account of Chairperson, RERA Karnataka, A/c NO. 520101080940037 IFSC Code UBIN 0901440 Union Bank of India S.C.Road Branch, Bengaluru; d) Pass such other order or direction as this Hon'ble Court deems fit in the facts and circumstances of the case." - 4 - HC-KAR NC: 2026:KHC:29904 WP No. 11235 of 2026 4. The grievance of the petitioner is that, despite an award having been passed in their favour of the Karnataka Real Estate Regulatory Authority in complaint No.CMP 1002/2024, and a recovery certificate having been issued on 15.10.2025, the same has not been enforced by the Deputy Commissioner. 5. Learned Additional Government Advocate submits that a Special Deputy Commissioner's post has now been created to handle the implementation of recovery certificates issued by the Karnataka Real Estate Regulatory Authority and given six weeks' time, the award passed as also the recovery certificate would be implemented. The said submission answers the grievance of the petitioners. 6. Reserving liberty to the petitioners to furnish details of the properties owned by respondent No.4, which could - 5 - HC-KAR NC: 2026:KHC:29904 WP No. 11235 of 2026 be brought for auction along with the necessary documents, the petition stands disposed of. Sd/- (SURAJ GOVINDARAJ) JUDGE TMP List No.: 1 Sl No.: 28