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2026 DAILYLAW 26986 (KAR)

HULIRAJ H v. THE STATE OF KARNATAKA

WP/33416/2025 · 2026-07-03

Suraj Govindaraj

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:33536 WP No. 33416 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 33416 OF 2025 (GM-RES) BETWEEN: 1. HULIRAJ H S/O HUCHANNA THIPPANNANAYAKA, AGED ABOUT 48 YEARS 2. SMITHA HULIRAJ W/O MR. HULIRAJ H, AGED ABOUT 41 YEARS BOTH RESIDING AT: NO. 36, NENAPU, 3RD CROSS, PRIYANKA LAYOUT, MATTUR ROAD, VIDYANAGAR, SHIMOGA, KARNATAKA - 577 203. … PETITIONERS (BY SRI. LEELESH KRISHNA., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, M.S. BUILDING, DR. AMBEDKAR VEEDHI, BENGALURU - 560 001. 2. THE DEPUTY COMMISSIONER BENGALURU URBAN DISTRICT, KANDAYA BHAVAN, K.G. ROAD, BENGALURU - 560 009. 3. THE TAHSILDAR BENGALURU NORTH TALUK, KANDAYA BHAVAN, K.G. ROAD, BENGALURU - 560 009. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:33536 WP No. 33416 of 2025 4. THE KARNATAKA REAL ESTATE REGULATORY AUTHORITY REPRESENTED BY ITS SECRETARY, 2ND FLOOR, SILVER JUBILEE BLOCK, UNITY BUILDING, CSI COMPOUND, 3RD CROSS, MISSION ROAD, BENGALURU - 560 027. 5. M/S. OZONE REALTORS PVT. LTD. A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956, REPRESENTED BY ITS AUTHORISED REPRESENTATIVE, REGISTERED OFFICE AT NO. 51/7-1, RATHNA AVENUE, OFF RICHMOND ROAD, CIVIL STATION, BENGALURU - 560 025. ALSO AT: NO. 38, ULSOOR ROAD, YELLAPPA GARDEN, YELLAPPA CHETTY LAYOUT, SIVANCHETTI GARDENS, BENGALURU 560 042. … RESPONDENTS (BY SRI. SHAMANTH NAIK, AGA FOR R1 TO R3; V/O DATED 20.01.2026, NOTICE TO OTHER RESPONDENTS STANDS DEFERRED) THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECTION, DIRECTING THE RESPONDENT NOS. 1, 2, AND 3 TO IMPLEMENT AND EXECUTE THE RECOVERY CERTIFICATE BEARING NO. RERA/KANDAYA/9755/2023- 24 DATED 17-10-2023 (ANNEXURE-B), ISSUED BY THE RESPONDENT NO. 4 PURSUANT TO ITS FINAL ORDER DATED 25-05- 2023 IN CMP/220715/0009755 (ANNEXURE-A), AND TO RECOVER THE SUM OF 46,34,546/- (RUPEES FORTY-SIX LAKH THIRTY-FOUR THOUSAND FIVE HUNDRED AND FORTY-SIX ONLY) ALONG WITH FURTHER INTEREST AS STIPULATED THEREIN, FROM THE RESPONDENT NO. 5, AS AN ARREAR OF LAND REVENUE, WITHIN A TIME TO BE STIPULATED BY THIS HON'BLE COURT AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ - 3 - HC-KAR NC: 2026:KHC:33536 WP No. 33416 of 2025 ORAL ORDER 1. The petitioners are before this Court seeking for the following reliefs: i. Issue a Writ in the nature of Mandamus, or any other appropriate writ, order, or direction, directing the Respondent Nos.1, 2 and 3 to implement and execute the Recovery Certificate bearing No.RERA/KANDAYA/9755/2023-24 Dated 17-10- 2023 (ANNEXURE-B), issued by the Respondent No.4 pursuant to its final order dated 25-05-2023 in CMP/220715/0009755 (ANNEXURE-A), and to recover the sum of Rs.46,34,546/- (Rupees Forty Six Lakh Thirty Four Thousand Five Hundred and Forty Six only) along with further interest as stipulated therein, from the Respondent no. 5, as an arrear of land revenue, within a time to be stipulated by this Hon'ble Court; ii. Award costs of this petition; and iii. Pass such other and further orders as this Hon'ble Court may deem fit in the facts and circumstances of the case, in the interest of justice and equity. 2. The recovery certificate bearing No.RERA/Kandaya/9755/2023-24 dated 17.10.2023 having been issued in respect of respondent no.5 who has been admitted to insolvency resolution process before the NCLT, reserving liberty to the petitioner to approach the NCLT, the Writ Petition stands disposed. Sd/- (SURAJ GOVINDARAJ) JUDGE PRS / List No.: 1 Sl No.: 57