- 1 - HC-KAR NC: 2026:KHC:12897 WP No. 1303 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF MARCH, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 1303 OF 2022 (GM-RES) BETWEEN: R.J. RISHIKARAN PROJECTS PVT. LTD., PENTHOUSE, RJ MANOR APARTMENT, NO.11/A, 80 FEET ROAD, KORAMANGALA, BENGALURU-560 034. REPRESENTED BY ITS MANAGING DIRECTOR, MR. RATHNAKAR SHETTY. &PETITIONER (BY SRI. ASHOK PATIL, ADVOCATE) AND: 1. KARNATAKA REAL ESTATE REGULATORY AUTHORITY NO.1/14, 2ND FLOOR, SILVER JUBILEE BLOCK, UNITY BUILDING, CSI COMPOUND, 3RD CROSS, MISSION ROAD, BENGALURU-560 027, REPRESENTED BY ITS SECRETARY Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:12897 WP No. 1303 of 2022 2. DEPUTY COMMISSIONER BANGALORE URBAN DISTRICT, K.G. ROAD, AMBEDKAR VEEDHI, SAMPANGI RAMA NAGARA, BENGALURU-560 009 3. THE SPECIAL TAHSILDAR BENGALURU SOUTH TALUK, KANDAYA BHAVAN, 1ST FLOOR, K.G. ROAD, BENGALURU-560 009 4. MR.LYLESH VIJAY MENEZES FLAT NO.205, SILICON TOWERS, 4TH CROSS, BYRASANDRA MAIN ROAD, C.V.RAMAN NAGAR BENGALURU-560 093 &RESPONDENTS (BY SRI.MAHANTESH SHETTAR, AG FOR R2 & R3 SRI.B.KESHAVAMURTHY, ADVOCATE FOR R4 SRI.RAJASHEKAR K., ADVOCATE) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE FINAL NOTICE-I BEARING DATED: 23.09.2021 (ANNEXURE-H) ISSUED BY THE R-3 IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. - 3 - HC-KAR NC: 2026:KHC:12897 WP No. 1303 of 2022 THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER The present writ petition is filed seeking following relief. "Wherefore, the petitioner prays that, this Hon'ble Court may be pleased to: i. Issue appropriate Writ, Order, or Direction quashing the Final Notice-1 bearing No. M.S.C/RECOVERY/CR/30/20-21, dated 23-09- 2021 (Annexure-H) issued by the 3rd respondent, in the interest of justice and equity; ii. Issue appropriate Writ, Order, or Direction 11- 10-2021 quashing the order dated (Annexure-J) passed by the Adjudicating Officer of the 1st respondent in C.M.P No.3875 in the interest of justice and equity; iii. Issue appropriate Writ, Order, or Direction quashing the communication bearing No.RERA/ADMN/3875/2020-21/4710 dated 24- 11-2021(Annexure-K) issued by the 1st respondent to the 2nd respondent, in the interest of justice and equity; iv. Issue appropriate Writ, Order, or Direction quashing the Final Notice-2 bearing No. M.S.C/RECOVERY/CR/30/20-21, dated 06-12- 2021 (Annexure-L) issued by the 3rd respondent, in the interest of justice and equity; v. Issue appropriate Writ, Order, or Direction quashing the Seizure Order bearing No. M.S.C(RERA)/CR/30/20-21, dated 30-12-2021 (Annexure-O) issued by the 3rd respondent, in the interest of justice and equity; - 4 - HC-KAR NC: 2026:KHC:12897 WP No. 1303 of 2022 vi. Pass such other order as this Hon'ble Court deems fit on the facts and circumstances of the case, including the award of costs, in the interest of justice and equity." 2. It is the case of the petitioner that a Joint Development Agreement dated 26.05.2013 was entered into by the owners of the land to take up a residential project consisting of the two basement floors, ground floor and 27 upper floors. The total number of apartments in the project is 173, consisting of 3 and 4 bedroom apartments, in two towers. The petitioner's share is 63% of the super built up area i.e. 112 apartments and the share of the land owner is 37% i.e. 61 apartments. After getting the necessary permissions, the petitioner entered into an agreement to sell with respondent No.4 and the owners of the land in respect to 579.41 Sq.Ft. of undivided interest in the land for a sum of Rs.31,84,890/- corresponding to apartment bearing No.503 on the 5th floor on B-block, having a super built-up area of 2123 Sq.Ft. along with two covered car parking spaces. The petitioner was not in a position to complete the project within the intended timeline due to various factors beyond the control of the petitioner. - 5 - HC-KAR NC: 2026:KHC:12897 WP No. 1303 of 2022 3. Respondent No.4 filed a complaint under Section 18,31 under Section 71 of the Real Estate Regulation and Development Act,2016 (for short 'RERA Act') seeking a relief for registration of the flat, providing amenities, occupancy certificate, interest, cost and damages. During the pendency of the said proceedings, respondent No.4 filed a memo dated 12.12.2019 seeking amendment of the prayer to withdraw from the project and sought refund of the amounts paid by him with interest. Despite the objections, the Adjudicating Officer of K- RERA, partly allowed the application of respondent No.4 by judgment dated 11.02.2020. Adjudicating Officer ordered to return of Rs.1,17,14,100/- together with interest at the rate of 9% on the respective amount paid on the respective dates till 30.04.2017 and 2% above MCLR of SBI commencing from 01.05.2017 till realisation of the entire amount and in the said judgment, respondent No.4 was also directed to execute a Deed of Cancellation of the Agreement of Sale after realisation of the entire amount. 4. It is stated that respondent No.4 managed to obtain the Recovery Certificate with inflated figures and an attempt - 6 - HC-KAR NC: 2026:KHC:12897 WP No. 1303 of 2022 was made by him to execute the same. In that context, he was constrained to file an appeal under Section 44 of the RERA Act before the RERA Appellate Authority. A compromise was entered between both the parties by filing a compromise petition dated 23.12.2020. Under the said compromise, the petitioner was required to pay Rs.1,75,00,000/- as full and final settlement in pursuance of the impugned order dated 11.02.2020. 5. The petitioner had deposited a sum of Rs.55,24,000/- before the Appellate Tribunal, which was ordered to be withdrawn by respondent No.4 along with the accrued interest. Respondent No.4 has since withdrawn the said amount, however he has not disclosed as to the amount of accrued interest received by him. Therefore, the amount due after respondent No.4 collected the amount was Rs.1,75,00,000/- - Rs.55,24,000/- that is Rs.1,19,76,000/-. Then respondent No.4 filed a memo dated 23.12.2020 for withdrawal of the amount in deposit. According to him, a sum of Rs.30,00,000/- was paid on 08.02.2021. As such, K-RERA issued a letter dated 14.07.2021 to respondent No.3 for - 7 - HC-KAR NC: 2026:KHC:12897 WP No. 1303 of 2022 recovery of Rs.89,76,000/-. On receipt of such communication, the petitioner sent a letter to respondent No.4 dated 02.08.2021 calling upon him to visit the office of the petitioner with the original of the agreements and the balance amount of Rs.89,76,000/- will be made and requested respondent No.4 to inform the date and time of the meeting. Respondent No.4 has sent a letter dated 09.08.2021 along with the calculation sheet claiming a sum of Rs.1,15,31,759/-. 6. It is stated that respondent No.4 has sent a letter to K-REAT dated 26.07.2021 to correct figure in the letter dated 14.07.2021 to the Tahasildar. It is stated that respondent No.4 appears to have given a representation dated 10.08.2021 to the Special Tahasildar, the respondent No.3 herein, requesting him to revise the quantum of the amount to be recovered and the same was incorporated in the final notice dated 23.09.2021 asking the petitioner to pay Rs.1,15,31,759/. It is stated that the Tahsildar has no jurisdiction to modify the figure unilaterally, without notice to the petitioner. 7. It is stated that the Adjudicating Authority has passed an order dated 11.10.2025 revising the amount to be - 8 - HC-KAR NC: 2026:KHC:12897 WP No. 1303 of 2022 recovered from Rs.89,76,000 to Rs.1,15,30,055/- purporting to exercise power under section 40 of the RERA Act read with Rule 25 of the Rules, with future interest at the rate of 10.15% simple interest on to Rs.1,38,54,652/- from 08.10.2021 till realisation. 8. It is the case of the petitioner that respondent No.1 did not issue any notice to the petitioner before passing the order dated 11.10.2021. It is stated that respondent No.1 sent communication dated 24.11.2021 to respondent No.1/Deputy Commissioner to recover a sum of Rs.1,15,30,055/- as arrears of land revenue and remit the same to RERA, along with the Recovery Certificate for Rs.1,38,54,652/- with simple interest at 10.15% from 08.10.2021. It is stated that in view of various discrepancies in the claims made by respondent No.4 and the notices issued by the second and third respondents, the petitioner submitted a representation to the Chairman of respondent No.1 dated 20.12.2021 requesting him to provide an opportunity to produce all the relevant documents to establish the discrepancies. But the Chairman has assured that, he would fix a date on the said purpose, however, he has not - 9 - HC-KAR NC: 2026:KHC:12897 WP No. 1303 of 2022 stayed any proceedings in pursuance of the revised Recovery Certificate. 9. It is the grievance of the petitioner that without a notice to the petitioner, the revised certificate was issued by respondent No.1 and basing on that, respondent No.3 has initiated the proceedings which is a unilateral modification of the revenue recovery certificate by the Adjudicating Officer and the K-RERA. Hence, the petitioner is before this Court and it is the submission that they have already paid more than Rs.1,85,16,389/- as on today. 10. Learned counsel appearing for respondent No.4 submits that as per the compromise decree when he has failed to pay the amount, Recovery Certificate was issued and execution proceedings were initiated. It is submitted that as on today an amount of Rs.13,00,000/-and odd is yet to be paid by the petitioner. 11. Learned Additional Government Advocate appearing for respondent Nos.2 and 3 submits that while notice is issued to the petitioner on 23.09.2021 asking him whether the such amount is paid or not, if not, he has to pay amount, he should - 10 - HC-KAR NC: 2026:KHC:12897 WP No. 1303 of 2022 have come to the authority and ought to have submitted himself before the authorities, so that, if any clarification is required, they would have sought the clarification from respondent No.1. But unfortunately, the petitioner without approaching respondent No.3, has filed the instant petition and is litigating the matter from the year 2022 till now. When the petitioner failed to pay the amount, arrest warrant was issued. It is submitted that this is a pure abuse of process of the Court. 12. Having heard the learned counsels on either side, perused the material on record. The parties have entered into a compromise before the RERA Appellate Tribunal on 23.12.2020. As per the same, the petitioner was directed to pay an amount of Rs.1,75,00,000/-. Out of that, an amount of Rs.55,24,000/- which is lying before the appellate authority, the petitioner was permitted to withdraw. A timeline was fixed for payment of the remaining amounts. When the same was not paid, he has obtained the recovery certificate from the respondent No.1 and has approached respondent No.3. 13. It is the case of the petitioner that in the recovery certificate the figures that are mentioned, are not the same as - 11 - HC-KAR NC: 2026:KHC:12897 WP No. 1303 of 2022 they are in the compromise memo, interest and other components were added and no notice was given to him. The third respondent has issued a notice to the petitioner on 23.09.2021. Petitioner instead of replying to the same has come before this Court by filing the instant writ petition on 12.01.2022. Several contentions are raised on behalf of the petitioner. It is submitted that the petitioner has approached RERA again. The petitioner ought to have approached Tahasildar by giving a suitable reply to the notice, instead of that he has come before the Court. With regard to payment that is made, both the petitioners and the respondents are submitting that they have their own contentions. According to the petitioner he has paid the entire amount. According to respondent No.4, an amount of Rs.31,80,392/- is still outstanding. 14. This Court exercising the jurisdiction under Article 226 of the Constitution of India, cannot go into these disputed questions of fact. Considering all these aspects, this Court deems it appropriate to pass the following: - 12 - HC-KAR NC: 2026:KHC:12897 WP No. 1303 of 2022 ORDER i. The petitioner shall appear before respondent No.3 on 12.03.2026 by way of suitable reply to the impugned notice and respondent No.3 shall consider the same and if necessary, shall seek necessary clarification from the appellate authority. Respondents are also at liberty to place the calculation memo. ii. All these exercises shall be completed within four weeks from 12.03.2026. iii. Accordingly, the writ petition is disposed of. iv. All I.As. in this petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE PKN List No.: 1 Sl No.: 34