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2026 DAILYLAW 39818 (KAR)

SUNIL KUMAR K.V. v. THE STATE OF KARNATAKA

WP/11635/2025 · 2026-09-11

B Pramod

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010251022025 NC: 2026:KHC:49867 WP No. 11635 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE B.PRAMOD WRIT PETITION NO.11635 OF 2025 (GM-RES) BETWEEN: 1. SUNIL KUMAR K.V. AGED ABOUT 41 YEARS SON OF VENKATTASWAMY K.B. RESIDING AT LIG 50 KHB COLONY HOLENARASIPURA HASSAN-573 211 2. NARENDRA BABU RAJAGOPAL AGED ABOUT 51 YEARS SON OF LATE SHRI RAJAGOPAL RESIDING AT 1537, 20 R CROSS BHUVANESHWARI NAGAR HEBBAL KEMPAPURA BENGALURU-560 024 3. ROOPA HANUMANTHA RAO AGED ABOUT 47 YEARS WIFE OF NARENDRA BABU RAJAGOPAL RESIDING AT 1537, 20 R CROSS BHUVANESHWARI NAGAR HEBBAL KEMPAPURA BENGALURU-560 024 4. T.R. DEEPAK AGED ABOUT 54 YEARS S/O. OF LATE T.S.RAJASHEKAR RESIDING AT D.NO.531 5TH MAIN, 7TH CROSS ROAD Digitally signed by SHARADAVANI B Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010251022025 NC: 2026:KHC:49867 WP No. 11635 of 2025 K.S.TOWN BENGALURU-560 060 5. R. JAYASHREE AGED ABOUT 51 YEARS W/O. T.R. DEEPAK RESIDING AT D.NO.531, 5TH MAIN 7TH CROSS ROAD, K.S.TOWN BENGALURU-560 060 6. SHANKAR GANIGER AGED ABOUT 42 YEARS SON OF MALLAPPA GANIGER RESIDING AT MIG II 17 HOUSING COLO MANTUR ROAD, MUDHOL KARNATAKA-587 313 7. RAJESHWARI ANANDA AGED ABOUT 63 YEARS WIFE OF ANANDA GUNDURAO RESIDING AT 104, ADARSH NEST 3RD CROSS, CR LAYOUT JP NAGAR 1ST PHASE BENGALURU-560 078 8. ANANDA GUNDURAO AGED ABOUT 73 YEARS SON OF GUNDURAO HULISANDRA RESIDING AT 104, ADARSH NEST 3RD CROSS, CR LAYOUT JP NAGAR 1ST PHASE BENGALURU-560 078 9. RAJESH VIJAYRAO BORIKAR AGED ABOUT 55 YEARS SON OF MR. VIJAYRAO BORIKAR AGED ABOUT 41 YEARS RESIDING AT J 503 - 3 - HC-KAR CNR: KAHC010251022025 NC: 2026:KHC:49867 WP No. 11635 of 2025 SHRIRAM SAMRUDDHI VARTHUR ROAD, THUBARAHALLI BENGALURU-560 066 10. LAXMI RAJESH BORIKAR AGED ABOUT 50 YEARS WIFE OF SRI RAJESH VIJAYRAO BORIKAR RESIDING AT J 503, SHRIRAM SAMRUDDHI VARTHUR ROAD, THUBARAHALLI BENGALURU-560 066 …PETITIONERS (BY SRI AKASH R. BANTIA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA THROUGH THE DEPUTY COMMISSIONER BENGALURU URBAN DISTRICT BENGALURU-560 009 2. THE SPECIAL TAHSILDAR BENGALURU NORTH TALUK KANDHAYA BHAVAN, K. G. ROAD BENGALURU-560 009 3. THE TAHSILDAR DEVANAHALLI, BENGALURU RURAL TALUK PANCHAYATH OFFICE DEVANHALLI, DEVANAHALLI TALUK BENGALURU-562 110 4. OZONE URBANA INFRA DEVELOPERS PRIVATE LIMITED A COMPANY INCORPORATED UNDER COMPANIES ACT, 1956, HAVING ITS REGISTERED OFFICE AT NO.38 ULSOOR ROAD, BENGALURU-560 042 REPRESENTED BY ITS MANAGING DIRECTOR VASUDEVAN SATHYMOORTHY - 4 - HC-KAR CNR: KAHC010251022025 NC: 2026:KHC:49867 WP No. 11635 of 2025 5. THE KARNATAKA REAL ESTATE REGULATORY AUTHORITY THROUGH ITS CHAIRMAN SECOND FLOOR SILVER JUBILEE BLOCK 3RD CROSS ROAD CSI COMPOUND, MISSION ROAD SAMPANGI RAMA NAGARA, BENGALURU KARNATAKA-560 027 …RESPONDENTS (BY SRI MAHANTESH SHETTY, A.G.A., FOR R-1 TO R-3, SRI KARTHIK ANANDA, ADVOCATE FOR SMT. VANDANA P. L., ADVOCATE FOR R-4, SRI GOWTHAM DEV C. ULLAL, ADVOCATE FOR R-5) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT RESPONDENT NOS.1, 2 AND 3 TO ENFORCE PAYMENT OF AMOUNTS DUE FROM RESPONDENT NO.4 IN ACCORDANCE WITH THE PROCEDURE FOR RECOVERY PROVIDED UNDER THE PROVISIONS OF KARNATAKA LAND REVENUE ACT, 1964 AND RULES THEREUNDER, FOR ENFORCEMENT OF THE DIRECTIONS OF RESPONDENT NO.5 AT ANNEXURE-A DATED 20.12.2024 BEARING NO.RERA/REVENUE/1378/2024-25/2998, ANNEXURE A-1 DATED 29.10.2024 BEARING NO.RERA/REVENUE/01531/2024-25/2913, ANNEXURE A-2 DATED 26.11.2024 BEARING NO. RERA/REVENUE/00846/2024- 25/2946, ANNEXURE A-3 DATED 26.11.2024 BEARING NO.RERA/REVENUE/01622/2024-25/2949, ANNEXURE A-4 DATED 30.10.2024 BEARING NO. RERA/REVENUE/01851/2024- 25/2923, ANNEXURE A-5 DATED 20.12.2024 BEARING NO. RERA/REVENUE/1760/2024-25/2997, ISSUED UNDER SECTION 40 (1) OF REAL ESTATE (REGULATION AND DEVELOPMENT) - 5 - HC-KAR CNR: KAHC010251022025 NC: 2026:KHC:49867 WP No. 11635 of 2025 ACT, 2016 AND RULE 25 OF REAL ESTATE (REGULATION AND DEVELOPMENT) RULES, 2017 AND DIRECT RESPONDENT NO.5 TO NOT RENEW THE LICENSE OR PROVIDE ANY FURTHER EXTENSION TO THE RESPONDENT NO.4 IN ANY OF ITS PROJECTS. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, IN 'B' GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B.PRAMOD ORAL ORDER The petitioners in the present writ petition have sought a writ of mandamus directing respondent Nos. 1 to 3 to enforce payment of the amount due from respondent No. 4 based on the order passed by respondent No. 5 as per Annexure A dated 20.12.2024, and Annexures A1 to A5 dated 29.10.2024, 26.11.2024, 30.10.2024, and 20.12.2024 respectively. 2. Heard Sri Akash R Bantia, learned counsel appearing for the petitioners; Sri Mahantesh Shetty, learned AGA appearing for respondent Nos. 1 to 3; Sri - 6 - HC-KAR CNR: KAHC010251022025 NC: 2026:KHC:49867 WP No. 11635 of 2025 Karthik Ananda, learned counsel appearing on behalf of respondent No. 4; and Sri Gowtham Dev C Ullal, learned counsel for respondent No. 5. 3. Learned counsel appearing for respondent No. 4 submits that during the pendency of this writ petition, IBC proceedings have been admitted on 10.06.2026 before the NCLT in CPI IB No. 119/2021 filed by respondent No. 4. In view of this development, respondent No. 4 cannot be directed to enforce the orders of respondent No. 5 till the outcome of the appeal proceedings before the NCLAT, Chennai, in Appeal No. 368/2026. 4. There is force in the argument of the learned counsel for respondent No. 4, and there is no purpose in keeping this petition pending. It is appropriate that the same be disposed of, granting liberty to the petitioners to pursue enforcement of the Orders of Respondent No.5 from respondent No. 4 subject to the outcome of Appeal No. 368/2026 before the NCLAT, Chennai. - 7 - HC-KAR CNR: KAHC010251022025 NC: 2026:KHC:49867 WP No. 11635 of 2025 With the above observations, the present petition stands disposed of. No order as to costs. Sd/- (B.PRAMOD) JUDGE BSV List No.: 1 Sl No.: 9