- 1 - HC-KAR NC: 2026:KHC:14736 WP No. 28998 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 28998 OF 2025 (GM-RES) BETWEEN: SANDEEP KUMAR PRADHAN S/O SRI. BRAHMANANDHA PRADHAN AGED ABOUT 38 YEARS FLAT NO. 301, 4TH BLOCK, LAA MOON STONE APARTMENT, GOLLHALLI VILLAGE, NEO TOWN ROAD, ELECTRONIC CITY-1, BENGALURU - 560100 AGE-38 …PETITIONER (BY SRI. ANANTHA KASHYAP H.K.., ADVOCATE) AND: 1. DEPUTY COMMISSIONER AND DISTRICT MAGISTRATE KEMPEGOWDA ROAD, BEHIND KANDAYA BHAVANA, BENGALURU URBAN DISTRICT, BENGALURU-560009 2. FRONTIER SHELTERS PVT. LTD. NO. 422, 80 FEET ROAD, 6TH BLOCK Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:14736 WP No. 28998 of 2025 KORAMANGALA, BENGALURU-560095 …RESPONDENTS (BY SMT. NAVYA SHEKHAR, AGA FOR R1 NOTICE NOT ORDERED IN R2) THIS WRIT PETITION FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO (A) PASS ORDERS AND ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENT NO. 1 TO ACT UPON AND COMPLY WITH THE RECOVERY CERTIFICATE DATED 23.04.2025 VIDE ANNX-A AND RECOVER THE DECRETAL AMOUNT FROM THE DEVELOPER WITHIN A PERIOD OF ONE MONTH WITHOUT FAIL FAILING WHICH ACTION BE INITIATED AGAINST THE RESPONDENT NO.1 FOR BREACH OF THE MANDATORY DIRECTIONS FOR COMPLETION OF EXECUTION WITHIN SIX MONTHS ISSUED BY THE HON'BLE SUPREME COURT OF INDIA IN THE MATTER OF PERIYAMMAL (DEAD) THROUGH LRS AND ORS. VS. V.RAJAMANI AND ANR., CIVIL APPEAL NOS. 3640-3642 OF 2020. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER The captioned writ petition is filed seeking the following reliefs:- "(a) Pass orders and issue a writ of mandamus directing the Respondent No.1 to act upon and comply with the recovery certificate - 3 - HC-KAR NC: 2026:KHC:14736 WP No. 28998 of 2025 dated 23.04.2025 vide Annexure-A and recover the decretal amount from the Developer within a period of one month without fail failing which action be initiated against the Respondent No.1 for breach of the mandatory directions for completion of execution within six months issued by the Hon'ble Supreme Court of India in the matter of "Periyammal (Dead) through LRS & Ors. Vs. V.Rajamani & Anr., Civil Appeal Nos.3640-3642 of 2020. (b) pass any further order or orders which this Hon'ble Court may deem fit and proper in the interest of justice. 2. The learned counsel for the petitioner reiterating the grounds has placed reliance on the order of the Co-ordinate Bench passed in W.P.No.10337/2025, which substantially addresses the core issue raised in the captioned writ petition. 3. Heard learned counsel for the petitioner and learned AGA. Perused the records. - 4 - HC-KAR NC: 2026:KHC:14736 WP No. 28998 of 2025 4. The grievance of the petitioner is that the Recovery Certificate, which has been issued by the RERA under Section 40(1)(2) of the Real Estate Regulation and Development Act, 2016 (for short ‘ the Act') and Rule 25 of the Karnataka Real Estate (Regulation and Development) Rules, 2017 ('the K-RERA' for short), has not been enforced by respondent No.1. It is in this backdrop, the petitioner is compelled to knock the doors of the Writ Court seeking aforesaid reliefs. 5. This Court in an identical case has consistently taken a view that when a Recovery Certificate is issued by the RERA under Section 40 of 'the Act' and Rule 25 of 'the K-RERA', respondent No.1 is obligated to take further appropriate steps to recover the amounts mentioned in the Recovery Certificate as arrears of land revenue. 6. Since it is not in dispute that Special Deputy Commissioner is now appointed to act on all the Recovery Certificates issued by the RERA, the petitioner by - 5 - HC-KAR NC: 2026:KHC:14736 WP No. 28998 of 2025 furnishing the Recovery Certificate has demonstrated his legal right to seek directions at the hands of this Court. Equally, respondent No.1, being a designated Authority, is obligated to enforce the Recovery Certificate obtained by the petitioner. 7. Accordingly, this Court proceeds to pass the following: ORDER (i) The writ petition is allowed. (ii) A mandamus is issued directing respondent No.1 to execute the Recovery Certificate at Annexure- A and recover the amount within a period of eight weeks from the date of receipt of a copy of this order. (iii) The petitioner is at liberty to furnish a list of movable and immovable properties to the - 6 - HC-KAR NC: 2026:KHC:14736 WP No. 28998 of 2025 Special Deputy Commissioner along with supporting documents. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE CA List No.: 2 Sl No.: 0