Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:764 WP No. 28681 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 28681 OF 2025 (GM-RES)
BETWEEN:
1. ABHILASH KUMAR V S AGED ABOUT 47 YEARS SON OF SH.SUKUMARAN NAIR, RESIDING AT FLAT NO 102, GR SHREENIVAS MANIPAL COUNTY ROAD, SINGASANDRA, BANGALORE-560068 IN
2. MAHESH RAM JOSHI AGED ABOUT 59 YEARS SON OF LATE SH BALI RAM JOSHI R/AT MAZAR PAHAD PORT BLAIR ANDAMAN AND NICOBAR
3. PARITALA SIVARAMAKRISHNA AGED ABOUT 44 YEARS SON OF SH PARITALAL RAMAMOHAN RA R/AT D NO 13-2-223 13TH WARD MACHERLA ANDHRA PRADESH 522426
…PETITIONERS (BY SRI. SATHIES KUMAR, ADVOCATE)
Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:764 WP No. 28681 of 2025
AND:
1. STATE OF KARNATAKA THROUGH THE DEPUTY COMMISSIONER BENGALURU URBAN DISTRICT BENGALURU 560009
2. THE SPECIAL TAHSILDAR BANGALORE NORTH TALUK KANDHAYA BHAVANA K G ROAD BENGALURU 560009
3. OZONE URBAN INFRA DEVELOPERS PRIVATE LIMLITED A COMPANY INCORPORATED UNDER COMPANIES ACT 1956 HAVING ITS REGISTERED OFFICE AT NO 38 ULSOOR ROAD BENGALURU 560042 REP BY ITS AUTHORISED REPRESENTATIVES
4. BANGALORE RURAL DEPUTYCOMMISIONER BANGALORE RURAL DISTRICT DISTRICT OFICE COMPLEX BEERASANDRA VILLAGE DEVANAHALLI TALUK 562110
5. TAHSILDAR DEVANAHALLI BANGALORE RURAL TALUK PANCHAYATH OFFICE DEVANAHALLI DEVANAHALLI TALUK BANGALORE 562110
6. VASUDEVAN SATHYAMOORTHY NO 32 NORRIS ROAD RICHMOND TOWN BANGALORE 560025
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HC-KAR NC: 2026:KHC:764 WP No. 28681 of 2025
7. PRIYA VASUDEVAN NO. 32 NORRIS ROAD RICHMOND TOWN BANGALORE 560025
8. SATHYAMOORTHY SAI PRASAD NO. 32 NORRIS ROAD RICHMOND TOWN BANGALORE 560025
9. DURBHAKULA VAMSI SAI NO.32 NORRIS ROAD RICHMOND TOWN BANGALORE 560025
10. SRININASSAN GOPALAN NO. 32 NORRIS ROAD RICHMOND TOWN BANGALORE 560025
11. SEEWOSAGAR NEMCHAND NO.32 NORRIS ROAD RICHMOND TOWN BANGALORE 560025
12. RAJEEV BHARIDARI NO.32 NORRIS ROAD RICHMOND TOWN BANGALORE 560025
13. BITTAL MANGAILAL LSINGHI NO.32 NORRIS ROAD RICHMOND TOWN BANGALORE 560025
…RESPONDENTS (BY SMT. SARITHA KULKARNI, AGA FOR R1, R2, R4 AND R5; SMT.
VANDANA P.L, ADVOCATE FOR R3, R6 TO R8 AND R9;
R10, R11, R12 & R13 ARE SERVED)
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HC-KAR NC: 2026:KHC:764 WP No. 28681 of 2025
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT R-1, 2, 4 AND 5 TO ENFORCE PAYMENT OF AMOUNTS DUE FROM R-3, 6, 13 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 K-RERA ISSUED UNDER SEC 40(1) OF REAL ESTATE (REGULATION AND DEVELOPMENT) ACT, 2016 AND RULE 25 OF REAL ESTATE (REGULATION AND DEVELOPMENT) RULES,
2017. THIS PETITION, COMING ON FOR PRELIMINARY HEARING B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD
ORAL ORDER The petitioners have entered into agreements to purchase residential units/apartments from a builder [the third respondent]. The petitioners have approached the Karnataka Real Estate Regulatory Authority [K-RERA] asserting that the third respondent has failed on the promise to deliver possession of the corresponding units, and they have succeeded in their grievance with this Authority. The Authority has issued Recovery Certificates [which are produced as Annexures - E to E8]. The petitioners
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HC-KAR NC: 2026:KHC:764 WP No. 28681 of 2025
seek directions to the officers with the Revenue Department, including the Tahsildar, Devanahalli to take action for enforcement.
Mr. Sathies Kumar, the learned counsel for the petitioners, submits that in very similar circumstances, this Court in W.P.No.6545/2023, which is decided on 30.05.2023, has directed the jurisdictional Deputy Commissioner and the Special Tahsildar to accomplish implementation of the Authority's order and file compliance report with the learned Registrar [General] of this Court. Ms. Saritha Kulkarni, the learned Additional Government Advocate, submits that a draft Standard of Procedure [SOP] on Recoveries under RERA is formalized and in terms of this SOP, which is formalized in accordance with the statutory provisions, action has to be initiated by the concerned as delineated and that notwithstanding the final approval for the SOP, the jurisdictional Deputy Commissioner [the fourth
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HC-KAR NC: 2026:KHC:764 WP No. 28681 of 2025
respondent] will take appropriate action to enforce the Recovery Certificates.
When queried, Ms. Saritha Kulkarni submits that a report on enforcement would indeed be filed by the office of the learned Registrar [General] of this Court by 30.04.2026. In the light of the afore
submissions, the petition stand disposed of calling upon the fourth respondent to take measures for enforcement of the Recovery Certificates [as per Annexures - E to E8] in terms of the SOP now formalized and file a report on compliance by 30.04.2026 with the learned Registrar [General] of this Court.
Sd/- (B M SHYAM PRASAD) JUDGE
RB