- 1 - HC-KAR NC: 2026:KHC:21366 WP No. 12246 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 12246 OF 2026 (GM-RES) BETWEEN: 1. KODATHI REAL ESTATE DEVELOPERS PRIVATE LIMITED FORMERLY KNOWN AS APG INTELLI HOMES PRIVATE LIMITED A COMPANY REGISTERED UNDER THE COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT GROUND FLOOR, EMBASSY ICON 3 INFANTRY ROAD, BENGALURU - 560080. REPRESENTED BY ITS AUTHORIZED SIGNATORY MR. JOYAPPA P A …PETITIONER (BY SRI. JOSEPH ANTHONY, ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF HOUSING VIKASA SOUDHA, BANGALORE - 560001 REPRESENTED BY THE CHIEF SECRETARY 2. KARNATAKA REAL ESTATE REGULATORY AUTHORITY REPRESENTED BY THE CHAIRMAN 1/14, 2ND FLOOR, SILVER JUBILEE BLOCK UNITY BUILDING BACKSIDE CSI COMPOUND, 3RD CROSS MISSION ROAD, BENGALURU - 560027 Digitally signed by NAGARAJA B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:21366 WP No. 12246 of 2026 3. DEPUTY COMMISIONER KEMPEGOWDA ROAD BEHIND KANDAYA BHAVANA BENGALURU URBAN DISTRICT BENGALURU-560009. 4. MR. JACOB VARGHESE S/O MR. C. CHRKOVARGHESE VARGHESE RESIDING AT ROW HOUSE NO.16, LEAVES AND LIVES KODATHI VILLAGE, VARTHUR HOBLI BENGALURU EAST TALUK BENGALURU - 560035. 5. AMRITHA JACOB W/O MR. JACOB VARGHESE RESIDING AT ROW HOUSE NO.16, LEAVES AND LIVES KODATHI VILLAGE, VARTHUR HOBLI BENGALURU EAST TALUK, BENGALURU - 560035. …RESPONDENTS (BY SRI. ADITYA DIWAKAR, AGA FOR R1 & R3) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECTION TO QUASHING THE IMPUGNED RECOVERY NOTICE DATED 20.01.2026 BEARING NO. RERA/KANDHAYA/923/2025-26/3766 ISSUED BY R-2, AS BEING ILLEGAL, ARBITRARY AND WITHOUT JURISDICTION (ANNX-A). THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM - 3 - HC-KAR NC: 2026:KHC:21366 WP No. 12246 of 2026 ORAL ORDER The captioned writ petition is filed calling in question the legality and correctness of the recovery proceedings initiated by respondent No.3 pursuant to the order passed by respondent No.2 under Section 18 of the Real Estate (Regulation and Development) Act, 2016, on the specific ground that the amount now sought to be recovered is in excess of the quantified liability determined under the said order. 2. The gist of the petitioner’s grievance is that the impugned recovery is not in consonance with the determination made under Section 18 and that respondent No.3, while initiating coercive recovery, has traversed beyond the scope of the executable amount. On a pointed query made by this Court as to whether the order passed under Section 18 itself is under challenge, learned counsel for the petitioner, on instructions, fairly submits that the petitioner is contemplating to assail the said order in appropriate proceedings. - 4 - HC-KAR NC: 2026:KHC:21366 WP No. 12246 of 2026 3. In the light of the aforesaid submission, this Court is of the considered view that the petitioner has efficacious alternate remedies available in law. Firstly, it is open to the petitioner to call in question the order passed under Section 18 before the appropriate forum in accordance with law. Secondly, insofar as the grievance relating to excess recovery is concerned, it is always open for the petitioner to resist the recovery proceedings to the limited extent of the alleged excess by placing on record a proper memo of calculation demonstrating the exact liability in terms of the order passed under Section 18. 4. Reserving liberty to the petitioner to avail the aforesaid remedies, the writ petition stands disposed of. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE CA List No.: 1 Sl No.: 47