- 1 - HC-KAR CNR: KAHC010550392026 NC: 2026:KHC:45100 WP No. 25091 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 25091 OF 2026 (GM-RES) BETWEEN: 1. SMT. JANANI V, W/O SURESH RANGACHARI, AGED ABOUT 37 YEARS, 2. SRI. SURESH RANGACHARI, S/O T.S.RANGACHARI, AGED ABOUT 41 YEARS, BOTH ARE R/AT NO.5, KRISHNA ROAD, SANKARA LAYOUT, EDAYARPALAYAM, COIMBATORE - 641 025 (TN). …PETITIONERS (BY SRI. P.N. NANJA REDDY., ADVOCATE) AND: 1. REAL ESTATE REGULATORY AUTHORITY, REPRESENTED BY ITS CHAIRMAN, NO.1/14, 2ND FLOOR, SILVER JUBILEE BLOCK, UNITY BUILDING, CSI COMPOUND, 3RD CROSS, MISSION ROAD, BENGALURU – 560 027. 2. THE SPECIAL DEPUTY COMMISSIONER, Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010550392026 NC: 2026:KHC:45100 WP No. 25091 of 2026 BENGALURU URBAN DISTRICT, BEHIND KANDHAYA BHAVANA, K.G.ROAD, BENGALURU – 560 009. 3. M/S.INFINITE BUILDERS AND DEVELOPER, REPRESENTED BY THE GENERAL MANGER SALES, G.M.PEARL, NO.6, BTM LAYOUT, 1ST STAGE, BENGALURU – 560 068. …RESPONDENTS (BY SRI.GAUTHAMDEV C ULLAL, ADVOCATE FOR R1; SRI.SHAMANT NAIK, AGA FOR R2; SRI.J.P.DARSHAN, ADVOCATE FOR R3) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO A) ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION, DIRECTING THE RESPONDENTS 1 AND 2 TO RECOVER THE AMOUNT TO THE PETITIONERS A SUM OF RS.32,87,616/- CALCULATED AS ON 26.07.2026 AND FURTHER INTEREST AS DIRECTED TO THE 3RD RESPONDENT BY THE RERA AUTHORITY IN TERMS OF THE COMPLAINT NO.00585/2026 AS PER ANNEXURE-G FILED BY THE PETITIONERS BEFORE THE 1ST RESPONDENT ON 25.05.2026 TILL THE FULL PAYMENT IS RECEIVED BY THE PETITIONERS AND GRANT ALL THE CONSEQUENTIAL BENEFITS AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ - 3 - HC-KAR CNR: KAHC010550392026 NC: 2026:KHC:45100 WP No. 25091 of 2026 ORAL ORDER 1. Sri Gauthamdev C. Ullal, learned counsel accepts notice for respondent no.1. 2. Learned Additional Government Advocate accepts notice for respondent no.2. 3. Sri J.P.Darshan, learned counsel accepts notice for respondent no.3. 4. Petitioners are before this Court seeking for the following reliefs: "Issue a writ of mandamus or any other appropriate writ, order or direction, directing the respondents 1 & 2 to recover the amount to the petitioners s sum of Rs.32,87,616/- calculated as on 26.07.2026 and further interest as directed to the 3rd respondent by the RERA authority in terms of the complaint no.00585/2026 as per Annexure-G filed by the petitioners before the 1st respondent on 25.05.2026 till the full payment is received by the petitioners and grant all the consequential benefits." 5. A mandamus is being sought for to recover an amount of Rs.32,87,616/- from respondent no.3 by respondent nos.1 and 2 and hand over the same to the petitioners. The petitioners have filed a complaint in complaint no.00585/2026, which is still pending consideration before the Real Estate Regulatory Authority. - 4 - HC-KAR CNR: KAHC010550392026 NC: 2026:KHC:45100 WP No. 25091 of 2026 6. Until adjudication thereof and issuance of a recovery certificate under Section 40(1)(2) of the Real Estate (Regulation and Development) Act, 2016 (RERA), respondent no.2 cannot initiate any recovery proceedings. 7. Reserving liberty to the petitioner to approach respondent no.2 after such adjudication and obtaining a recovery certificate, petition stands disposed. Sd/- (SURAJ GOVINDARAJ) JUDGE GJM List No.: 1 Sl No.: 10