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2026 DAILYLAW 37116 (KAR)

SMT. TABASSUM TAJ v. THE DEPUTY COMMISSIONER

WP/25742/2026 · 2026-08-20

Suraj Govindaraj

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR CNR: KAHC010561822026 NC: 2026:KHC:45101 WP No. 25742 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. 25742 OF 2026 (GM-RES) BETWEEN: SMT. TABASSUM TAJ, D/O. MAQBOOL PASHA, AGED ABOUT 42 YEARS, RESIDING AT MUNNA PALACE GROUND, J.C NAGAR, BANGALORE- 560 006. …PETITIONER (BY SRI.AMITH L.M., ADVOCATE FOR SRI. LAKAMAPURMATH CHIDANANDAYYA., ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER, BANGALORE URBAN DISTRICT, KHANDAYA BHAVAN, K.G ROAD, BANGALORE - 560 009. 2. SPECIAL TAHSILDAR, BANGALORE NORTH TALUK, KHANDAYA BHAVAN, K.G ROAD, BANGALORE- 560 009. 3. DEPUTY TAHSILDAR, DASANAPURA HOBLI, BANGALORE NORTH TALUK, BANGALORE – 562 162. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010561822026 NC: 2026:KHC:45101 WP No. 25742 of 2026 4. M/S. PROMINENT PROPERTIES, A PROPRIETARY CONCERN, REPRESENTED BY ITS PROPRIETOR, SRI. BABU, AGED NOT KNOWN TO THE PETITIONER, HAVING ITS ADDRESS AT NO.14, R.R. LAYOUT, OPP. H.P PETROL BUNK, NAGADEVANAHALLI, KENCHANAPURA CROSS ROAD, BANGALORE - 560 056. …RESPONDENTS (BY SRI.SHAMANT NAIK, AGA FOR STATE) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) ISSUE AN ORDER, DIRECTION OR WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENTS 1 TO 3 TO IMPLEMENT AND EXECUTE THE RECOVERY OF ARREARS AS STATED IN THE REVENUE RECOVERY ANNEXURE-A IN NO.RERA/REVENUE/1371/2024-25/3014 CERTIFICATE LETTER DATED 31.12.2024. 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 AGA accepts notice for respondent nos.1 to 3. 2. Notice to respondent no.4 is dispensed with since respondent no.4 is not required to be heard in the matter. - 3 - HC-KAR CNR: KAHC010561822026 NC: 2026:KHC:45101 WP No. 25742 of 2026 3. Petitioner is before this Court seeking for the following reliefs: a) ISSUE an order, direction or writ in the nature of MANDAMUS directing the Respondents 1 to 3 to implement and execute the recovery of arrears as stated in the Revenue Recovery Certificate Annexure-A in letter No.RERA/Revenue/1371/2024-25/3014 DATED 31.12.2024; b) ISSUE any other appropriate writ, order or directions as this Hon'ble Court deems fit under the facts and circumstances of case, in the interest of justice. 4. A dispute having arisen between the petitioner and respondent no.4, the petitioner had approached the Real Estate Regulatory Authority (RERA) vide award dated 05.08.2024 in complaint no.01371/2023 directed payment of a sum of Rs.10,71,107/- along with interest. 5. Pursuant thereto, the recovery certificate under Section 40(1) of the Real Estate (Regulation and Development) Act, 2016 (RERA) (for short, "RERA Act") had also been issued on 31.12.2024. The said recovery certificate not being acted upon by respondent no.2, the petitioner is before this court seeking for the aforesaid reliefs. 6. Learned AGA submits that the Office of Special Deputy Commissioner has been created for the - 4 - HC-KAR CNR: KAHC010561822026 NC: 2026:KHC:45101 WP No. 25742 of 2026 purpose of implementing the recovery certificates under Section 41 of the RERA Act. His submission is that, given six weeks' time, necessary action would be taken by respondent no.2. 7. His further submission is that if the petitioner were to provide the details of the properties of respondent no.4 which have not been sold and which stand in the name of respondent no.4 with appropriate documents, the same would hasten the procedure to be undertaken by respondent no.2. 8. Reserving liberty to the petitioner to provide such information and placing submission of the learned AGA on record, the petition stands disposed. Sd/- (SURAJ GOVINDARAJ) JUDGE GJM List No.: 1 Sl No.: 14