- 1 - HC-KAR CNR: KAHC010622192024 NC: 2026:KHC:46783 WP No. 29782 of 2024 C/W WP No. 23452 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 29782 OF 2024 (GM-RES) C/W WRIT PETITION NO. 23452 OF 2025 (GM-RES) IN WP No. 29782/2024 BETWEEN: 1. MRS. NOEL JOSE AGED ABOUT 41 YEARS WIFE OF MR. SUJESH JAMES 2. MR. SUJESH JAMES AGED ABOUT 42 YEARS SON OF MR. C. J. JAMES BOTH COMPLAINANT NOS.1 AND 2 RESIDING AT B-203, TEMPLE TREE APARTMENT NARAYANAPPA GARDEN, WHITEFIELD BANGALORE-560 066. 3. MRS. PRITI MARKANDRAO VAIDYA AGED ABOUT 35 YEARS WIFE OF MR. JAYANSH SINGH 4. MR. JAYANSH SINGH AGED ABOUT 38 YEARS SON OF SHIVRAM SINGH BOTH COMPLAINANT NOS.3 AND 4 Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010622192024 NC: 2026:KHC:46783 WP No. 29782 of 2024 C/W WP No. 23452 of 2025 RESIDING AT B-206, TEMPLE TREE APARTMENT, NARAYANAPPA GARDEN, WHITEFIELD, BANGALORE-560 066 5. MR. PALANIYAPPAN V.. AGED ABOUT 36 YEARS SON OF VAITHIANATHAN RESIDING AT B-302, TEMPLE TREE APARTMENT NARAYANAPPA GARDEN WHITEFIELD, BANGALORE-560 066. 6. MR. VAITHIANATHAN N., AGED ABOUT 79 YEARS SON OF NATESAN RESIDING AT J 149/1 FIRST MAIN ROAD, LAKSHMINARAYANPURAM, SRIRAMAPURAM POST, BANGALORE-560 021 REPRESENTED BY HIS GPA HOLDER MR. PALANIYAPPAN V. …PETITIONERS (BY SMT. KAVITHA DAMODARAN., ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER BANGALORE URBAN DISTRICT KANDAYA BHAVAN, KEMPEGOWDA ROAD BANGALORE-560 009 2. THE TAHSILDAR OFFICE OF TAHSILAR K.R. PURAM, BANGALORE-560 016 - 3 - HC-KAR CNR: KAHC010622192024 NC: 2026:KHC:46783 WP No. 29782 of 2024 C/W WP No. 23452 of 2025 3. DISTRICT REGISTRAR SHIVAJI NAGAR, NO. 122/22 4TH FLOOR, MONARK CHAMBER INFANTRY ROAD BANGALORE-560001 …RESPONDENTS (BY SRI. SHAMANT NAIK., AGA FOR R1 TO R3) THIS WP IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R3 TO ENTER THE ORDER OF ATTACHMENT, DATED 18/04/2024 ANNEXURE-C IN THE ENCUMBRANCE CERTIFICATE. GRANT AN INTERIM PRAYER TO DIRECT THE R3 TO ENTER THE ORDER OF ATTACHMENT, DATED 18/04/2024 VIDE ANNEXURE-C IN THE ENCUMBRANCE CERTIFICATE REFRAIN FROM PUBLISHING PETITIONERS NAME IN ANY LIST OF DEFAULTERS BEING CIRCULATED BY IT. IN WP NO. 23452/2025 BETWEEN: 1. MRS NOEL JOSE AGED ABOUT 43 YEARS WIFE OF MR. SUJESH JAMES 2. MR. SUJESH JAMES AGED ABOUT 44 YEARS SON OF MR. C. J. JAMES BOTH THE PETITONER NOS.1 AND 2 ARE RESIDING AT B-203 - 4 - HC-KAR CNR: KAHC010622192024 NC: 2026:KHC:46783 WP No. 29782 of 2024 C/W WP No. 23452 of 2025 TEMPLE TREE APARTMENT NARAYANAPPA GARDEN, WHITEFIELD BANGALORE - 560066 3. MRS. PRITI MARKANDRAO VAIDYA AGED ABOUT 37 YEARS WIFE OF MR. JAYANSH SINGH 4. MR. JAYANSH SINGH AGED ABOUT 39 YEARS SON OF MR. SHIVRAM SINGH BOTH THE PETITIONER NOS.3 AND 4 ARE RESIDING AT A-206, TEMPLE TREE APARTMENT NARAYANAPPA GARDEN WHITEFIELD, BANGALORE-560 066 5. MR. PALANIYAPPAN V., AGED ABOUT 38 YEARS SON OF MR. VAITHIANATHAN RESIDING AT B-302, TEMPLE TREE APARTMENT NARAYANAPPA GARDEN, WHITEFIELD BANGALORE - 560066 6. MR. VAITHIANATHAN N., AGED ABOUT 81 YEARS SON OF MR. NATESAN RESIDING AT J 149/1, 1ST MAIN ROAD LAKSHMINARAYANPURAM SRIRAMAPURAM POST BANGALORE-560 021 REPRESENTED BY HIS GPA HOLDER MR. PALANIYAPPAN V. - 5 - HC-KAR CNR: KAHC010622192024 NC: 2026:KHC:46783 WP No. 29782 of 2024 C/W WP No. 23452 of 2025 7. MR. SUDHANSHU CHANDRA AGED ABOUT 35 YEARS SON OF MRS. SUNITA GUPTA RESIDING AT 52, RALEIGH COURT CLARENCE MEWS, LONDON SE165GB REPRESENTED BY HIS GPA HOLDER, MR. JAYANSH SINGH 8. MRS. SARITA NAIR AGED ABOUT 35 YEARS WIFE OF MR. VINEETH VENUGOPAL 9. MR. VINEETH VENUGOPAL AGED ABOUT 38 YEARS SON OF MR. VENUGOPALAN NAIR BOTH THE PETITIONER NOS.8 AND 9 ARE RESIDING AT A-204, TEMPLE TREE APARTMENT, NARAYANAPPA GARDEN WHITEFIELD, BANGALORE - 560066 10. MR. SAMEER KESHAV BARNE AGED ABOUT 44 YEARS SON OF MR. KESHAV BARNE RESIDING AT A-404, TEMPLE TREE APARTMENT NARAYANAPPA GARDEN WHITEFIELD, BANGALORE - 560066 11. MR. SRINIVAS GOPALAN AGED ABOUT 45 YEARS SON OF MR. SWETHARANYAM GOPALAN RESIDING AT B-202, TEMPLE TREE APARTMENTS NARAYANAPPA GARDEN WHITEFIELD, BANGALORE-560066 - 6 - HC-KAR CNR: KAHC010622192024 NC: 2026:KHC:46783 WP No. 29782 of 2024 C/W WP No. 23452 of 2025 12. MS. NAGA KALPANA I AGED ABOUT 42 YEARS WIFE OF MR. T. SREENIVAS RESIDING AT A-403, TEMPLE TREE APARTMENT NARAYANAPPA GARDEN WHITEFIELD, BANGALORE 560066 13. MRS. MAMTHA REDDY GANGULA AGED ABOUT 43 YEARS WIFE OF MR. GANGADHARA REDDY CHINNA NARASAPPA GARI 14. MR. GANGADHARA REDDY CHINNA NARASAPPA GARI AGED ABOUT 43 YEARS SON OF MR. NARAYANA REDDY C BOTH THE PETITIONER NOS.13 AND 14 ARE RESIDING AT 60, SASSAFRAS LN CHESTER SPRINGS, PA, USA - 19425 REPRESENTED BY THEIR GPA HOLDER MR. MURALI MANOHARA REDDY V. ...PETITIONERS (BY SMT. KAVITHA DAMODARAN.,ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER BANGALORE URBAN DISTRICT KANDAYA BHAVAN, KEMPEGOWDA ROAD BANGALORE - 560009 2. THE TAHSILDAR OFFICE OF THE TAHSILDAR K.R. PURAM, BANGALORE - 560016 - 7 - HC-KAR CNR: KAHC010622192024 NC: 2026:KHC:46783 WP No. 29782 of 2024 C/W WP No. 23452 of 2025 3. TEMPLE TREE, M/S ARV INFRASTRUCTURES REGISTERED UNDER THE PARTNERSHIPS ACT NO. 728, V.T.KANAKARAJA BUILDING 26TH CROSS, GUNJUR MAIN ROAD OPPOSITE VARTHUR GOVERNMENT HOSPITAL BANGALORE-560 087 REPRESENTED BY ITS PARTNERS ...RESPONDENTS (BY SRI. SHAMANTH NAIK., AGA FOR R1 AND R2) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING TO R1 AND 2 COMPLETE THE AUCTION OF THE R3'S PROPERTY TO EXECUTE THE RECOVERY CERTIFICATES ISSUED IN FAVOUR OF THE PETITIONER BY RERA AND TO COMPENSATE THEM FULLY (ANNEXURE A AND ANNEXURE-B (COLLY). THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. In W.P.No.29782/2024, the petitioners are before this court seeking for the following reliefs: "In the circumstances, the petitioners prays that this Hon'ble Court ought to be pleased, in - 8 - HC-KAR CNR: KAHC010622192024 NC: 2026:KHC:46783 WP No. 29782 of 2024 C/W WP No. 23452 of 2025 the interests of justice and equity, to direct the respondent No.3 to enter the order of attachment, dated 18.04.2024 (Annexure- C) in the Encumbrance certificate, and pass such other orders and/or directions as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case." 2. Learned Additional Government Advocate has filed a memo enclosing certain documents indicating that a charge in respect to the subject property has been created as per the order dated 18.04.2024. 3. In that view of the matter, the reliefs which have been sought for in the above petition have been already complied with rendering the above petition infructuous. Accordingly, the petition stands dismissed as having rendered infructuous. 4. In W.P.No.23452/2025, the petitioners are before this court seeking for the following reliefs: In the circumstances, the petitioners pray that this Hon'ble Court be pleased, in the interest of justice and equity, to: a) issue an appropriate writ, order or direction to respondent Nos.1 and 2 to - 9 - HC-KAR CNR: KAHC010622192024 NC: 2026:KHC:46783 WP No. 29782 of 2024 C/W WP No. 23452 of 2025 complete the auction of the respondent No.3's property to execute the Recovery Certificate issued in favour of the petitioners by RERA and to compensate them fully (Annexure-A and Annexure-B (Colly)); b) and pass such other orders and/or directions as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case. 5. The grievance of the petitioners is that the recovery certificate issued under Section 40 of the RERA Act, 2016, by the Real Estate Regulatory Authority has not been complied with by the respondents by bringing to auction the property of respondent No.3 developer. 6. The learned Additional Government Advocate on instructions submits that the office of the Special Deputy Commissioner has been created for the purpose of implementing the recovery certificate issued under Section 40 of the RERA Act and if given 60 days' time, necessary action would be taken. - 10 - HC-KAR CNR: KAHC010622192024 NC: 2026:KHC:46783 WP No. 29782 of 2024 C/W WP No. 23452 of 2025 7. Further, he submits that if the petitioners were also to furnish details of any unencumbered properties owned by respondent No.3, it would enable speedier action to be taken by respondent No. 1. 8. In that view of the matter, said submissions answering the grievance of the petitioners, the writ petition is disposed of granting liberty to the petitioners to place on record details of any of the properties owned by respondent No. 3 and directing respondent No. 1 to take action within eight weeks from today. 9. The disbursal of the amounts to be done as per the applicable provisions. 10. Pending IA(s), if any, stands disposed of accordingly. Sd/- (SURAJ GOVINDARAJ) JUDGE SKS