Research › Search › Judgment

High Court of Karnataka · body

2026 DAILYLAW 6584 (KAR)

MR. ABHISHEK REDDY GUJJALA v. STATE OF KARNATAKA

WP/7715/2026 · 2026-03-09

Sachin Shankar Magadum

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:14150 WP No. 7715 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 7715 OF 2026 (GM-RES) BETWEEN: 1. MR. ABHISHEK REDDY GUJJALA S/O SRI. SOMA SEKHAR REDDY AGED ABOUT 33 YEARS, 2. MRS. GEETHIKA DARAPUREDDI W/O ABHISHEK REDDY GUJJALA AGED ABOUT 33 YEARS, BOTH ARE RESIDING AT NO.722, 4TH 'B' CROSS, 1ST BLOCK, HRBR LAYOUT, BANGALORE-560 043. …PETITIONERS (BY SRI. VAIBHAV MALIMATH, ADVOCATE) AND: 1. STATE OF KARNATAKA THROUGH THE CHIEF SECRETARY TO GOVERNMENT ROOM NO.320, 3RD FLOOR, VIDHANA SOUDHA, BENGALURU-560 001. 2. DEPUTY COMMISSIONER BANGALORE URBAN DISTRICT, KANDAYA BHAVAN, KR ROAD, BANGALORE-560 009. Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:14150 WP No. 7715 of 2026 3. SPECIAL DEPUTY COMMISSIONER-1 BANGALORE NORTH TALUK, BANGALORE URBAN DISTRICT, KANDAYA BHAVAN, KR ROAD, BANGALORE-560 009. 4. ASSISTANT COMMISSIONER, BANGALORE URBAN DISTRICT, KANDAYA BHAVAN, KR ROAD, BANGALORE-560 009. 5. TAHSILDAR, BANGALORE NORTH TALUK, KANDAYA BHAVAN, KR ROAD, BANGALORE-560 009. 6. KARNATAKA REAL ESTATE REGULATORY AUTHORITY REPRESENTED BY ITS REGISTRAR NO.1/44, 2ND FLOOR, SILVER JUBLI BLOCK, UNITY BUILDING , CSI COMPOUND, 3RD CROSS, MISSION ROAD, BENGALURU, KARNATAKA - 560 027. …RESPONDENTS (BY SMT. NAVYA SHEKHAR, AGA FOR R-1 TO 5) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECTING THE RESPONDENTS TO COMPLY WITH ORDER DATED 28/07/2025 BEARING NO. RERA/KANDAYA/754/2025-26/3315 (ANNEXURE- D) AND ORDER DATED 28/07/2025 BEARING NO. RERA/KANDAYA/754/2025-26 DATED 28/07/2025 (ANNEXURE- E) AND ORDERS DATED 03/04/2025 IN COMPLAINT NO. - 3 - HC-KAR NC: 2026:KHC:14150 WP No. 7715 of 2026 CMP/00754/2024 (ANNEXURE-C) UNDER SECTION 161 OF THE KARNATAKA LAND REVENUE ACT, ISSUED BY RESPONDENT NO.6 AND ETC. 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 petitioners are compelled to knock the doors of the writ Court seeking writ in the nature of mandamus to implement the order passed by the Karnataka Real Estate Regulatory Authority, (for short 'RERA Authority') while disposing of the complaint in CMP No.CMP/00754/ 2024 evidenced at Annexure-C alleging inaction on the part of the Authorities. 2. The petitioners in the present writ petition seek a writ in the nature of mandamus directing the respondents to conclude the recovery proceedings in respect of the arrears of land revenue. - 4 - HC-KAR NC: 2026:KHC:14150 WP No. 7715 of 2026 3. The learned AGA, on instructions, submits that similar recovery proceedings are also contemplated against Ozone Urbana Infra Developers Private Limited. It is further submitted that certain petitions were filed earlier pursuant to directions issued by this Court concerning recovery proceedings against the said company. 4. On further instructions, the learned AGA submits that in those cases also the recovery proceedings could not be effectively carried out on account of non-furnishing of property details of the developer. In response to the said submission, the learned counsel for the petitioners submits that the petitioners are willing to furnish the necessary particulars of the properties and make efforts to secure such details to facilitate recovery. 5. Be that as it may, once the Competent Authority has already passed an order, as evidenced by Annexure-C, the respondents, particularly respondent No.2 – the - 5 - HC-KAR NC: 2026:KHC:14150 WP No. 7715 of 2026 Deputy Commissioner, are required to at least initiate proceedings pursuant to the order passed by the RERA Authority in Complaint No.CMP/00754/2024. This Court is also apprised that in identical matters, a Co-ordinate Bench of this Court has issued similar directions to the Deputy Commissioner to implement the orders passed by the RERA Authority and report compliance. The petitioners, therefore, have a legal right to seek appropriate directions from this Court. 6. In view of the foregoing, this Court proceeds to pass the following: ORDER (i) The writ petition is allowed. (ii) Respondent No.2 is directed to comply with the order dated 28.07.2025 bearing No.RERA/KANDAYA/754/2025-26/ 3315 (Annexure-D) and the order dated 28.07.2025 bearing No.RERA/KANDAYA/754/ 2025-26 (Annexure-E) and to initiate recovery - 6 - HC-KAR NC: 2026:KHC:14150 WP No. 7715 of 2026 proceedings under Section 161 of the Karnataka Land Revenue Act, 1964 in accordance with law. (iii) The recovery proceedings for realization of the arrears as land revenue shall be commenced by respondent No.2 within a period of three months from the date of receipt of a copy of this order. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE NBM List No.: 1 Sl No.: 37