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2026 DAILYLAW 37097 (KAR)

SANDEEP AND D.R.BHARATI v. THE STATE OF KARNATAKA

WP/25907/2026 · 2026-08-20

Suraj Govindaraj

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010564192026 NC: 2026:KHC:45219 WP No. 25907 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. 25907 OF 2026 (GM-RES) BETWEEN: 1. SANDEEP AND D.R.BHARATI AGED ABOUT 45 YEARS, NO. 97, 1ST CROSS, 3RD MAIN, VHBCS LAYOUT, MAHALAKSHMIPURAM, BENGALURU - 560 086 2. MUDIAM SIVANAGA MOUNIKA AGED ABOUT 35 YEARS, FLAT NO.204, SREEJA RESIDENY, 8TH CROSS, BELLANDUR, BENGALURU - 560 103 3. DAMODAR REDDY GANGASANI AND MS.LAKSMI NARASAMMA GANGASANI AGED ABOUT 30 YEARS, R/AT SLV PG FOR GENTS, 5TH CROSS, DEVARABISANAHALLI, BENGALURU - 560 103 4. MR. RAJESH SOMISETTY AND MS.V.LAKSHMI PRASANNA MARISE AGED ABOUT 33 YEARS, NO. 305, C GOLDEN LOTUS APARTMENTS, 17TH CROSS, MUTHYALA NAGAR, NEAR JP PARK BACK GATE, Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010564192026 NC: 2026:KHC:45219 WP No. 25907 of 2026 MATHIKERE, BENGALURU - 560 054 5. MALI REDDY MANOHARA REDDY AGED ABOUT 30 YEARS, NO. 221, 1ST CROSS, NATRVATHI STREET, NARAYANAPURA, MAHADEVAPURA, BENGALURU - 560 016 6. SUBRAMANYA HEGDE AGED ABOUT 40 YEARS NO.06, 6TH CROSS, WHITE FIELD MAIN ROAD, BROOKBOND, BENGALURU - 560 066 7. K.L.N. KAMESWARA RAO AND KVS PAVANI AGED ABOUT 45 YEARS, NO.89, 3RD CROSS, BELLTOWN LAYOUT, VARANASI, BENGALURU - 560 036 8. MADHUBAN KISHOR AGED ABOUT 48 YEARS, NO.602, BREN CHAMPION SQUARE, SARJAPUR ROAD, BENGALURU - 560 035 9. SOMNATH DAS AND PRIYANKA BHOWMIK DAS AGED ABOUT 43 YEARS, SHANTIKUNJ APARTMENT, MADHYAMGRAM, KOLKATA - 700 129 - 3 - HC-KAR CNR: KAHC010564192026 NC: 2026:KHC:45219 WP No. 25907 of 2026 10. BIDYA SAGAR BORUAH AGED ABOUT 35 YEARS POOJA GRAND APARTMENT, ADUGODI, BENGALURU - 560 030 11. MR. TATHAGAT BHOWMIK AND SEEMA BHOWMIK AGED ABOUT 34 YEARS, FLAT NO.2255, GARIA PLACE KALPANA APARTMENT, FLAT NO.A-103, SOUTH 24 PARAGANAS - 700 0084 STATE WEST BENGAL 12. JESTINE GEORGE AGED ABOUT 35 YEARS, NO.A002, JUMPA DELIGHT, MLA LAYOUT, KALENA AGRAHARA, BENGALURU - 560 076 13. PIYUSH ASRANI AND HARISH ASRANI AGED ABOUT 35 YEARS, NO.29, 2ND CROSS, 1ST MAIN, BTM MICO LAYOUT, BENGALURU - 560 076 14. NAZAMA NAAZ AGED ABOUT 36 YEARS, FLAT NO.E509, ITTINA MAHAVEER SOCIETY, NEELADRI ROAD, ELECTRONIC CITY PHASE-I, BENGALURU - 560 100 15. RAJU SHARMA AND ANJANA SHARMA AGED ABOUT 37 YEARS, NO. 777, AKSHAYA BUILDING, - 4 - HC-KAR CNR: KAHC010564192026 NC: 2026:KHC:45219 WP No. 25907 of 2026 3RD CROSS, A-BLOCK, VINAYAKA NAGAR, MURUGESHPALYA, BENGALURU - 560 017 16. J. MURALI MOHAN AND JONNALAGADDA HARSHINI AGED ABOUT 36 YEARS, NO.CG48, GM INFINITE CITY TOWN, BENGALURU - 560 100 17. SWATI DAS AND SANAN KUMAR AGED ABOUT 35 YEARS, NO.23061, PRESTIGE LAKESIDE, HABITAT, BENGALURU - 560 087 18. INDUGU KESAVA RAO AND INDUGU GAYATRI AGED ABOUT 61 YEARS, NO.21/2, 1ST FLOOR, MATHRU KRUPA, 1B CROSS, MUTHAPPA BLOCK, BENGALURU - 560 032 …PETITIONERS (BY SRI. BASAVARAJU M., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY SECRETARY REVENUE DEPARTMENT, VIDHANA SOUDHA, BENGALURU - 560 001 2. SPECIAL DEPUTY COMMISSIONER JAYAMAHADEV - 5 - HC-KAR CNR: KAHC010564192026 NC: 2026:KHC:45219 WP No. 25907 of 2026 BENGALURU URBAN DISTRICT, KANDAYA BHAVAN, K.G. ROAD, BENGALURU - 560 009 3. SPECIAL TAHSILDAR MUNIVENKATAPPA ANEKAL TALUK, ANEKAL, BENGALURU - 562 106 4. M/S INFINITE BUILDERS AND DEVELOPERS REPRESENTED BY SOLE PROPRIETOR MR.GULAM MUSTAFA, HAVING ITS REGISTERED OFFICE AT NO.6, GM PEARL, B.T.M LAYOUT, 1ST STAGE, 1ST PHASE, BENGALURU - 560 068 …RESPONDENTS (BY SRI. MOHAMMED JAFAR SHAH, AGA FOR R1 TO R3) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS DIRECTING RESPONDENT NOS.2 AND 3 TO EXECUTE THE RECOVERY AMOUNT WITH INTEREST CALCULATED AT THE RATE OF MCLR PLUS 2 PERCENT TILL REALISATION BY ATTACHMENT AND AUCTION PROCEEDINGS WITHIN A TIME FRAME OF 6 WEEKS ANNX -F. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ - 6 - HC-KAR CNR: KAHC010564192026 NC: 2026:KHC:45219 WP No. 25907 of 2026 ORAL ORDER 1. Learned Additional Government Advocate accepts notice for respondent nos.1 to 3. 2. Notice to respondent no.4 is dispensed since respondent no.4 is not required to be heard. 3. The petitioners had filed various proceedings before the Karnataka Real Estate Regulatory Authority (RERA) as detailed in paragraph "1" of the petition, where the amounts as indicated there had been awarded by the RERA in respect to each of the petitioners. Recovery certificates had also been issued on various dates as indicated in paragraph "1". Despite the award having been passed and the recovery certificate having been issued, the respondents had not taken any action, and it is in that background that the petitioner is before this Court. 4. Learned Additional Government Advocate submits that the Office of Special Deputy Commissioner has been created for the purpose of implementing the recovery certificates under Section 41 of the Real Estate (Regulation and Development) Act, 2016. 5. His submission is that if the petitioners were also able to furnish details of any properties owned by respondent no.4 with adequate documents, the same would hasten the proceedings of implementing the recovery certificate. - 7 - HC-KAR CNR: KAHC010564192026 NC: 2026:KHC:45219 WP No. 25907 of 2026 He further submits that an endeavor would be made to implement the said recovery certificate within 60 (sixty) days from today. 6. The said submission of the learned Additional Government Advocate answers the grievance of the petitioners, permitting the petitioners to furnish such documents as the petitioners may have, identifying the properties belonging to respondent no.4, which are unencumbered, the petition stands disposed. Sd/- (SURAJ GOVINDARAJ) JUDGE GJM List No.: 1 Sl No.: 18