- 1 - HC-KAR NC: 2026:KHC:14736 WP No. 12581 of 2024 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. 12581 OF 2024 (GM-RES) BETWEEN: 1. M P SAJUMON AGE 48 R/O VILLA NO 03, FORCE AVENUE ORCHID WOOD LAYOUT, BEHIND BROOKFIELDS, KUNDALAHALLI, BANGALORE 560057 SENIOR CITIZEN BENEFIT NOT CLAIMED 2. AKSHATHA SAJUMON AGE 45 R/O VILLA NO 03, FORCE AVENUE ORCHID WOOD LAYOUT, BEHIND BROOKFIELDS, KUNDALAHALLI, BANGALORE 560057 SENIOR CITIZEN BENEFIT NOT CLAIMED ...PETITIONERS (BY SRI. REYNOLD D'SOUZA., ADVOCATE) AND: 1. THE STATE OF KARNATAKA THROUGH THE DEPUTY COMMISSIONER, BENGALURU RURAL DISTRICT, DISTRICT OFFICE COMPLEX, BEERASANDRA VILLAGE, DEVANHALLI TALUK Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:14736 WP No. 12581 of 2024 BENGALURU 562110 2. THE SPECIAL TAHASILDAR BANGALORE RURAL, TALUK PANCHAYATH OFFICE DEVANAHALLI, DEVANAHALLI TALUK BANGALORE 562110 3. OZONE URBANA INFRA DEVELOPERS PRIVATE LIMITED A COMPANY INCORPORATED UNDER COMPANIES ACT 1956, HAVING ITS REGISTERED OFFICE AT NO 38, ULSOOR ROAD, BENGALURU 560042 THROUGH ITS AUTHORIZED REPRESENTATIVE ...RESPONDENTS (BY SMT. NAVYA SHEKHAR, AGA FOR R1 & R2 SMT. VANDANA P L, ADVOCATE FOR R3) THIS WRIT PETITION FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE R-1 AND R-2 TO ENFORCE THE ATTACHMENT WARRANT ISSUED BY THE KARNATAKA REAL ESTATE APPELLATE TRIBUNAL VIDE ORDER DTD 02.02.2023 AT ANNX-A AND THERE BY IMPLEMENT THE K-REAT ORDER. THIS PETITION, COMING ON FOR FURTHER HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM - 3 - HC-KAR NC: 2026:KHC:14736 WP No. 12581 of 2024 ORAL ORDER The captioned writ petition is filed seeking the following reliefs:- "A. Issue an appropriate writ, order or direction in the nature of writ of mandamus or any other writ, directing Respondents No.1 and Respondent No.2 to enforce the attachment warrant issued by the Karnataka Real Estate Appellant Tribunal vide order dated 02.02.2023 at Annxure-A and there by implement the K-REAT order. B. Grant such other and further reliefs as this Hon'ble Court deems fit under the facts and circumstances of the case, in the interest of justice and equity. 2. The learned counsel for the petitioners 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. - 4 - HC-KAR NC: 2026:KHC:14736 WP No. 12581 of 2024 3. Heard learned counsel for the petitioners and learned AGA. Perused the records. 4. The grievance of the petitioners 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 petitioners are 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. - 5 - HC-KAR NC: 2026:KHC:14736 WP No. 12581 of 2024 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 petitioners by furnishing the Recovery Certificate have demonstrated their 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 petitioners. 7. Accordingly, this Court proceeds to pass the following: ORDER (i) The writ petition is allowed. (ii) A mandamus is issued directing respondent Nos.1 and 2 to execute the Recovery Certificate and recover the amount within a period of eight weeks from the date of receipt of a copy of this order. - 6 - HC-KAR NC: 2026:KHC:14736 WP No. 12581 of 2024 (iii) The petitioners are at liberty to furnish a list of movable and immovable properties to the Special Deputy Commissioner along with supporting documents. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE CA List No.: 2