- 1 - HC-KAR NC: 2026:KHC:14519 WP No. 1272 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 1272 OF 2026 (GM-RES) BETWEEN: 1. K.S. FRANKLIN S/O K.J SOMASUNDARAM AGED ABOUT 58 YEARS R/AT 155, 20TH MAIN 3RD CROSS, UCO BANK COLONY BTM LAYOUT, 1ST STAGE BANGALORE - 560 068 ALSO HUSBAND AND LEGAL HEIR OF LATE C. VASANTHI DATE OF DEATH 11.01.2022 2. SANDEEP AGARWAL S/O SATYANARAYAN AGARWAL AGED ABOUT 50 YEARS R/AT PRESTIGE ACROPOLIS DELPHI I, 606, 20 HOUR ROAD BANGALORE - 560 029 3. SAHAYA MANICHA RETCHAGAN S/O M. CHRISTOPHER AGED ABOUT 48 YEARS R/AT FLAT NO. 5, BUILDING 25 CREATIVE NEST APARTMENTS TP VENUGOPAL LAYOUT ANAND NAGAR, BANGALORE - 560 024. 4. MOHAMMED ADIL FARHAN S/O ISHTIAQUE AHMED Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:14519 WP No. 1272 of 2026 AGED ABOUT 46 YEARS R/AT FLAT NO. 19/2 KEMP ROAD, FRAZER TOWN BANGALORE - 560 005. 5. MERWIN PAUL PALANNA S/O HS PALANNA AGED ABOUT 64 YEARS PERMANENT RESIDENT OF 4-4 119 SAVITHA PARK ROAD AJJARAKADU, UDUPI KARNATAKA - 576 101. PRESENTLY AT GOLD TOWER, ABRAJ AL LULU APARTMENT NO. 1208 BUILDING NO. 1781 ROAD NO. 351, SUWAIFIYA, MANAMA KINGDOM OF BAHRAIN REPRESENTED THROUGH HIS POA HOLDER DON STUART S/O CHRISTOPHER AMANNA AGED ABOUT 62 YEARS R/AT R & S LAKEVIEW APARTMENTS A-503, ST. ANNES CHURCH ROAD RACHENAHALLI, BANGALORE - 560 077. 6. JACQUELINE .P W/O SHANKER B. RAO AGED ABOUT 48 YEARS PERMANENT RESIDENT OF 327/1, GROUND FLOOR 15TH CROSS, JAYANAGAR 2ND BLOCK OPP. RAMAKRISHNA HOSPITAL BANGALORE - 560 11. PRESENTLY AT 6/38, MACFARLANE STREET GLENELG NORTH 5045 - 3 - HC-KAR NC: 2026:KHC:14519 WP No. 1272 of 2026 SOUTH AUSTRALIA REPRESENTED THROUGH HER POA HOLDER DON STUART S/O CHRISTOPHER AMANNA AGED ABOUT 62 YEARS R/AT R & S LAKEVIEW APARTMENTS A-503, ST. ANNES CHURCH ROAD RACHENAHALLI, BANGALORE - 560 077. …PETITIONERS (BY SRI. ROHAN KOTHARI, ADVOCATE) AND: 1. STATE OF KARNATAKA THROUGH THE SPECIAL DEPUTY COMMISSIONER-RERA KANDAYA BHAVAN K.G ROAD BANGALORE - 560 009. 2. STATE OF KARNATAKA THROUGH SPECIAL TAHASILDAR-RERA MINI VIDHAN SOUDHA NEAR NES BUS STOP SUGGAPPA LAYOUT EAST COLONY YELAHANKA BANGALORE - 560 064. 3. ELEGANT PROPERTIES A PARTNERSHIP FIRM REGISTERED UNDER THE INDIAN PARTNERSHIP ACT, 1932 HAVING ITS REGISTERED OFFICE AT: NO. 1, ELEGANT DESIRE COLES ROAD, FRAZER TOWN BANGALORE - 560 005. - 4 - HC-KAR NC: 2026:KHC:14519 WP No. 1272 of 2026 THROUGH ITS MANAGING PARTNER B. RAJASHEKAR …RESPONDENTS (BY SRI. ADITYA DIWAKARA, AGA FOR R1 AND R2) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENT NO. 1 AND RESPONDENT NO. 2 TO ENFORCE PAYMENT OF AMOUNTS DUE FROM RESPONDENT NO. R-3 IN ACCORDANCE WITH THE PROCEDURE FOR RECOVERY PROVIDED UNDER THE PROVISIONS OF THE KARNATAKA LAND REVENUE ACT, 1964 AND ITS ATTENDANT RULES, FOR ENFORCEMENT OF THE AWARD DATED 04.11.2022 (ANNEXURE B, ANNEXURE-C, ANNEXURE-E, ANNEXURE-F, ANNEXURE-G, ANNEXURE-H AND ANNEXURE-J AND THE CONSEQUENTIAL EXECUTION ORDER DATED 01.03.2023 ANNEXURE-A (COLLY) OF THE KARNATAKA REAL ESTATE REGULATORY AUTHORITY. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER Petitioners are aggrieved by the inaction of second respondent/Special Tashildar RERA in not implementing the orders of the RERA Authority. 2. Captioned petition is filed seeking mandamus against respondent No. 2 to enforce payment of amounts due from respondent No. 3 in accordance with the - 5 - HC-KAR NC: 2026:KHC:14519 WP No. 1272 of 2026 procedure for recovery provided under the provisions of Karnataka Land Revenue Act, 1964. 3. Heard the petitioners' counsel and learned AGA. 4. Learned AGA, on instructions, submits that the second respondent has already initiated proceedings and all steps would be taken to implement the award and recover the amounts that are legally due to the petitioners. 5. Upon perusal of the records, it is evident that the petitioners have secured an award from the Karnataka Real Estate Regulatory Authority (for short, “KRERA”), thereby acquiring a legal right to seek appropriate directions from this Court. However, there appears to be considerable inaction on the part of respondent No.2– Authority in expediting the recovery proceedings against respondent No.3. Inasmuch as the award passed by the competent authority remains unchallenged, respondent No.2, being the designated authority entrusted with the - 6 - HC-KAR NC: 2026:KHC:14519 WP No. 1272 of 2026 implementation and recovery of amounts under the KRERA framework, is duty-bound to take prompt and effective steps to enforce the award and secure payment of the amounts legally due to the petitioners. 6. For the foregoing reason, this Court proceeds to pass the following: ORDER (i) Petition is allowed. (ii) Respondent No. 2 is hereby directed to expedite the process of recovery and enforcement of award and consequently recover the amounts that are legally due from respondent No. 3. (iii) Respondent No.2 shall ensure that all possible steps permissible under the provisions of Karnataka Land Revenue Act, 1964 are enforced in true spirit and that the payments that are legally due to petitioners are made swiftly. - 7 - HC-KAR NC: 2026:KHC:14519 WP No. 1272 of 2026 (iv) However, in the event respondent No. 2 fails to comply the directions issued by this Court, liberty is reserved to petitioners to approach this Court. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE ALB List No.: 2 Sl No.: 15