- 1 - HC-KAR NC: 2026:KHC:20888 WP No. 11765 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 11765 OF 2026 (GM-RES) BETWEEN: 1. SREEJITH KANDOTH NALLAKANDY AGED ABOUT 47 YEARS, SON OF PA DAMODARAN NAMBIAR, RESIDING AT PURVA SEASONS-FLAT NOD 1401, KAGGADASAPURA MAIN RD, NAGAVARAPALYA, C V RAMAN NAGAR, BENGALURU, KARNATAKA 560093 2. K.M.A. AYUSH AGED ABOUT 41 YEARS, SON OF SRI. K.M.A. KUTTY, RESIDING AT 104, JAYALAKSHMI APARTMENTS, K.R. LAYOUT, DOMLUR, BANGALORE 560 064 3. ANHUL CHAUHAN AGED ABOUT 52 YEARS, SON OF RADHAKRISHNA SINGH CHAUHAN RESIDING AT 337/338, INDRAPURI INDORE 452001, MADHYA PRADESH 4. MAYURI SINGH AGED ABOUT 49 YEARS, WIFE OF ANHUL CHAUHAN AT 337/338, RESIDING INDRAPURI INDORE 452001, MADHYA PRADESH Digitally signed by NAGARAJA B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:20888 WP No. 11765 of 2026 5. JOSE THOMPSON AGED ABOUT 49 YEARS, SON OF PUTHAN PADATH THOMAS LAZAR, RESIDING AT HOUSE NO. 20, 6TH CROSS, 2ND STAGE, TC PALYA MAIN ROAD, AKSHAY NAGAR, RAMAMURTHY NAGAR, BANGALORE 560016 6. SELVIRA MONTEIRO, AGED ABOUT 48 YEARS, WIFE OF JOSE THOMPSON, RESIDING AT HOUSE NO. 20, 6TH CROSS, 2ND STAGE, TC PALYA MAIN ROAD, AKSHAY NAGAR, RAMAMURTHY NAGAR, BANGALORE 560016 7. KARTHIK SRINIVASAN AGED ABOUT 47 YEARS, SON OF LATE SRINIVASAN, RESIDING AT C 1202, TAISHA HOUSING COMPLEX, NATESAN NAGAR, 2ND MAIN ROAD, VIRUGAMBAKKAM, CHENNAI 600092 8. SUDHA KARTHIK, AGED ABOUT 47 YEARS, WIFE OF MR. KARTHIK SRINIVASAN RESIDING AT C 1202, TAISHA HOUSING COMPLEX, NATESAN NAGAR, 2ND MAIN ROAD, VIRUGAMBAKKAM, CHENNAI 600092 9. MALARSELVAN TAMILMANI, AGED ABOUT 52 YEARS, SON OF T.TAMILMANI RESIDING AT 551 VELACHERY MAIN ROAD, EAST TAMBARAM, ADHI NAGAR, CHENNAI-600059 - 3 - HC-KAR NC: 2026:KHC:20888 WP No. 11765 of 2026 10. JAYAPRIYA MALARSELVAN AGED ABOUT 47 YEARS WIFE OF MALARSELVAN TAMILMANI RESIDING AT 551 VELACHERY MAIN ROAD, EAST TAMBARAM, ADHI NAGAR, CHENNAI-600059 11. YERMAL CHANDRASHEKAR AGED ABOUT 60 YEARS SON OF AITHU POOJARI RESIDING AT BARKHA CHS LIMITED, A WING, FLAT NO 203, SECTOR 20D, SHANI MANDIR ROAD, AIROLI, NAVI MUMBAI, THANE - 400708 …PETITIONERS (BY SRI. AKASH R BANTIA., ADVOCATE) AND: 1. THE STATE OF KARNATAKA THROUGH THE DEPUTY COMMISSIONER BENGALURU URBAN DISTRICT, BENGALURU 560 009 2. THE SPECIAL TAHSILDAR BANGALORE NORTH TALUK, KANDHAYA BHAVAN, K G ROAD, BENGALURU - 560 009 3. THE TAHSILDAR DEVANAHALLI, BANGALORE RURAL, TALUK PANCHAYATH OFFICE DEVANHALLI, DEVANAHALLI TALUK BANGALORE 562110 4. OZONE URBANA INFRA DEVELOPERS PRIVATE LIMITED A COMPANY INCORPORATED UNDER COMPANIES - 4 - HC-KAR NC: 2026:KHC:20888 WP No. 11765 of 2026 ACT, 1956, HAVING ITS REGISTERED OFFICE AT NO. 38, ULSOOR ROAD, BENGALURU - 560 042 REPRESENTED BY ITS MANAGING DIRECTOR VASUDEVAN SATHYMOORTHY 5. VASUDEVAN SATHYAMOORTHY SON OF LATE V. SATHYAMOORTHY AGED ABOUT 57 YEARS, RESIDING AT 32, NORRIS ROAD, RICHMOND TOWN, BANGALORE 560025 6. SATHYA MOORTHY SAI PRASAD SON OF LATE V. SATHYAMOORTHY AGED ABOUT 50 YEARS, RESIDING AT 103, NISHANTH PRIME APARTMENTS, PRIME STREET, RICHMOND TOWN, MUSEUM ROAD, BENGALURU 560025 7. THE KARNATAKA REAL ESTATE REGULATORY AUTHORITY THROUGH ITS CHAIRMAN SECOND FLOOR SILVER JUBILEE BLOCK 3RD CROSS ROAD, CSI COMPOUND, MISSION RD, SAMPANGI RAMA NAGARA, BENGALURU, KARNATAKA 560027 …RESPONDENTS (BY SMT. NAVYA SHEKAR, AGA FOR R1 TO R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO- DIRECTING THE R1, R2 AND R3 TO ENFORCE PAYMENT OF AMOUNT DUE FROM R4, 5 AND 6 IN ACCORDANCE WITH THE PROCEDURE FOR RECOVERY PROVIDE UNDER THE PROVISION OF KARNATAKA LAND REVENUE ACT 1964 AND RULES THEREUNDER WITHIN A PERIOD OF 2 MONTHS FOR - 5 - HC-KAR NC: 2026:KHC:20888 WP No. 11765 of 2026 ENFORCEMENT OF THE DIRECTIONS OF R7 AT ANNX-A DATED 30.06.2025 BEARING NO. RERA/REVENUE/761/2025-26/3256, ANNX-A1 DATED 06.08.2025 BEARING NO. RERA/REVENUE/(592/2024)/2025-26/3399, ANNX-A2 DATED 14.07.2025 BEARING NO. RERA/REVENUE/737/2025-26/3282 ANNX-A3 DATED 30.06.2025 BEARING NO. RERA/REVENUE/738/2025-26/3257, AT ANNX-A4 DATED 26.11.2025 BEARING NO. RERA/REVENUE/1372/2025- 26/3670, ANNX-A5 DATED 30.06.2025 BEARING NO. RERA/REVENUE/1877/2024-25/3159, ANNX-A6 DATED 28.03.2026 BEARING NO. RERA/REVENUE/1885/2024- 25/3160, ANNX-A7 DATED 28.03.2025 BEARING NO. RERA/REVENUE/1876/2024-25/3157, AND ANNX-A8 DATED 10.06.2025 BEARING NO. RERA/REVENUE/443/2025-26/3222, ISSUED UNDER SECTION 40 (1) OF REAL ESTATE (REGULATION AND DEVELOPMENT) RULES, 2017. DIRECT THE R4, 5, AND 6 NOT TO ALIENATE ANY OF ITS PROPERTIES. PERMIT THE PETITIONER TO FURNISH A LIST OF ASSETS INCLUDING BUT NOT LIMITED TO BANK ACCOUNTS IMMOVABLE PROPERTIES AND MOVABLE PROPERTIES STANDING IN THE NAME OF THE R4, 5 AND 6 IN ORDER TO ENABLE R1 TO 3 TO ATTACH THE SAME. DIRECT R7 TO NOT RENEW THE LICENSE OR PROVIDE ANY FURTHER EXTENSION TO THE R4, 5 AND 6 IN ANY OF ITS PROJECTS. 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 The captioned writ petition is filed seeking for the following reliefs:- "A. Issue an appropriate writ, order or direction in the nature of writ of mandamus or any other writ, - 6 - HC-KAR NC: 2026:KHC:20888 WP No. 11765 of 2026 directing respondent Nos.1 to 3 to enforce payment of amounts due from respondent Nos.4, 5 and 6 in accordance with the procedure for recovery provided under the provisions of Karnataka Land Revenue Act, 1964 and rules thereunder within a period of 2 months, for enforcement of the directions of Respondent No.7 at Annexure-A dated 30.06.2025 bearing No.RERA/Revenue/761/2025-26/3256, Annexure-A1 dated 06.08.2025 bearing No.RERA/ Revenue/(592/2024)/2025-26/3399, Annexure-A2 dated 14.07.2025 bearing No.RERA/ Revenue/737/2025-26/3282, Annexure-A3 dated 30.06.2025 bearing No.RERA/Revenue/738/2025- 26/3257, At Annexure-A4 dated 26.11.2025 bearing No.RERA/Revenue/1372/2025-26/3670, Annexure-A5 dated 30.06.2025 bearing No.RERA/ Revenue/1877/2024-25/3159, Annexure-A6 dated 28.03.2025 bearing No.RERA/Revenue/1885/2024- 25/3160, Annexure-A7 dated 28.03.2025 bearing No.RERA/Revenue/1876/2024-25/3157 and Annexure-A8 dated 10.06.2025 bearing No.RERA/ Revenue/443/2025-26/3222 issued under Section 40(1) of Real Estate (Regulation and Development) Act, 2016 and Rule 25 of Real Estate (Regulation and Development) Rules, 2017; B. Direct the respondent Nos.4, 5 and 6 not to alienate any of its properties. - 7 - HC-KAR NC: 2026:KHC:20888 WP No. 11765 of 2026 C. Permit the petitioner to furnish a list of assets, including but not limited to bank accounts, immovable properties, and movable properties standing in the name of respondent Nos.4, 5 and 6 in order to enable respondent Nos.1 to 3 to attach the same, in the interest of justice and equity. D. Direct respondent No.7 not to renew license or provide any further extension to the respondent Nos.4, 5 and 6 in any of its projects. E. Grant such other relief/s, as this Hon'ble Court may deem fit in the facts and circumstances of this case, in the interests of justice and equity." 2. This Court in W.P.No.10337/2025 has substantially addressed the core issue raised in the captioned writ petition. 3. Heard learned counsel for the petitioners and learned AGA. Perused the records. 4. The grievance of the petitioners is that the Recovery Certificates, which have 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 - 8 - HC-KAR NC: 2026:KHC:20888 WP No. 11765 of 2026 25 of the Karnataka Real Estate (Regulation and Development) Rules, 2017 ('the K-RERA' for short), have not been enforced by respondent Nos.1 to 3. 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 view that when a Recovery Certificates are issued by the RERA under Section 40 of 'the Act' and Rule 25 of 'the K-RERA', respondent Nos.1 to 3 are obligated to take further appropriate steps to recover the amounts mentioned in the Recovery Certificates 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 petitioners by furnishing the Recovery Certificates have demonstrated their legal right to seek directions at the hands of this Court. Equally, respondent Nos.1 to 3, being a designated - 9 - HC-KAR NC: 2026:KHC:20888 WP No. 11765 of 2026 Authorities, are obligated to enforce the Recovery Certificates obtained by the petitioners. Therefore, this Court proceeds to pass the following; ORDER (i) The writ petition is allowed in part. (ii) A mandamus is issued directing respondent Nos.1 to 3 and the Special Deputy Commissioner now appointed to execute the Recovery Certificates at Annexures-A, A1, A2, A3, A4, A5, A6, A7 and A8 and recover the amount within a period of eight weeks from the date of receipt of a copy of this order. (iii) The petitioners are at liberty to furnish a list of movable and immovable properties to the Special Deputy Commissioner along with supporting documents. (iv) Respondent No.7 is hereby directed to consider the representation of the petitioners seeking cancellation/non- - 10 - HC-KAR NC: 2026:KHC:20888 WP No. 11765 of 2026 extension of license of respondent Nos.4, 5 and 6 in any of its projects. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE NBM List No.: 1 Sl No.: 40