- 1 - HC-KAR CNR: KAHC010270812026 NC: 2026:KHC:46357 WP No. 12446 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 12446 OF 2026 (GM-RES) BETWEEN: 1. SHRI JAYARAMU S/O LATE RAMEGOWDA AGED ABOUT 46 YEARS NO.1597, 2ND CROSS, 'C' BLOCK, NEAR OLD MANANDAVADI ROAD, MAHADEVPURA, MYSURU - 570 008. 2. SHRI. RAVI S/O RAMEGOWDA AGED ABOUT 48 YEARS, NO.1597, 2ND CROSS, C BLOCK, NEAR OLD MANANDAVADI ROAD, MAHADEVPURA, MYSURU - 570 008. …PETITIONERS (BY SMT. SHAMIM F., ADVOCATE FOR; SRI. BOJANNA K.J., ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY THE CHIEF SECRETARY, VIDHAN SOUDHA, AMBEDKAR VEEDI, BENGALURU - 560 001. 2. THE CHAIRMAN KARNATAKA REAL ESTATE REGULATORY AUTHORITY Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010270812026 NC: 2026:KHC:46357 WP No. 12446 of 2026 SECOND FLOOR SILVER JUBILEE BLOCK, 3RD CROSS ROAD, CSI COMPOUND, MISSION ROAD, SAMPANGI RAMA NAGARA, BENGALURU, KARNATAKA - 560 027. …RESPONDENTS (BY SRI. SHAMANTH NAIK, GA) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INIDA PRAYING TO DIRECT, QUASHING THE NOTICE ISSUED BY RESPONDENT NO.2 DATED 28.08.2025 MARKED AS ANNEXURE-E AND THE CONSEQUENTIAL DEMAND ORDE NO.RERA/ACCOUNTS/124/2021-22 DATED 13.10.2022 MARKED AS ANNEXURE-F AND ETC. THIS PETITION, COMING ON FOR, 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 No.1. 2. Sri K. Rajashekar, learned counsel is directed to accept notice for respondent No.2. - 3 - HC-KAR CNR: KAHC010270812026 NC: 2026:KHC:46357 WP No. 12446 of 2026 3. The petitioners are before this Court seeking for the following reliefs: "a) Issue a Writ of Certiorari or any other appropriate writ, order or direction, quashing the notice issued by Respondent No.2 dated 28.08.2025 marked as ANNEXURE "E" and the consequential demand order NO.RERA/Accounts/124/2021-22 dated 13/10/22 marked as ANNEXURE "F"; b) Issue a Writ of Mandamus or any other appropriate writ, order or direction, directing the Respondent No.2 to consider the representation submitted by the Petitioners dated 20.03.2024 marked as ANNEXURE "D", in accordance with law; c) Grant such other relief or reliefs as this Hon'ble Court deems fit in the facts and circumstances of the case, in the interest of justice and equity." 4. What is challenged is the recovery certificate issued under Section 40 of the Karnataka Real Estate Regulatory Authority and a direction to the real Estate Regulatory Authority to consider the representation which has been submitted by the petitioners, contending that the petitioners' project is a completed project which does not come within the purview of the RERA, 2017. 5. If that be the case, since there is an adjudicated order which had been passed by the adjudicatory - 4 - HC-KAR CNR: KAHC010270812026 NC: 2026:KHC:46357 WP No. 12446 of 2026 authority, it is for the petitioners to avail themselves of such remedies as are available under law and under the Act. A representation cannot be directed to be considered when an adjudicatory order has been passed. 6. Reserving liberty to the petitioners to adjudicate the same appropriately by following the due procedure, the petition stands disposed of. Sd/- (SURAJ GOVINDARAJ) JUDGE TMP List No.: 1 Sl No.: 2