- 1 - HC-KAR NC: 2026:KHC:15437 WP No. 8471 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 8471 OF 2026 (GM-RES) BETWEEN: NIMISH MOHAN M S/O. MOHANACHANDRAN M AGED ABOUT 41 YEARS RESIDING AT A4, CHAITANYA SAMPARPAN, WHITEFIELD- 560067 …PETITIONER (BY SRI. AKASH R BANTIA., ADVOCATE) AND: 1. THE STATE OF KARNATAKA THROUGH THE DEPUTY COMMISSIONER BENGALURU URBAN DISTRICT BENGALURU- 560 009 2. THE TAHSILDAR BANGALORE EAST TALUK, DIESEL LOCO SHED RD, DURAVANI NAGAR, KRISHNARAJAPURAM, BENGALURU, KARNATAKA- 560036 3. GEETANJALI URBANX PRIVATE LIMITED, A COMPANY INCORPORATED UNDER COMPANIES ACT, 2013, HAVING ITS REGISTERED OFFICE AT GEETANJALI ARISTOCRACY SY NO.34/4, NALLURAHALLI BOREWELL ROAD, Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:15437 WP No. 8471 of 2026 WHITEFIELD, BANGALORE, REPRESENTED BY ITS MANAGING DIRECTOR MEESALA SATISH 4. 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 SRI. GOWTHAMDEV C ULLAL, ADVOCATE FOR R4; SMT. NAVYA SHEKHAR, AGA FOR R1 & R2) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT RESPONDENTS NO. 1 RESPONDENT NO. 2 TO ENFORCE PAYMENT OF AMOUNTS DUE FROM RESPONDENT NO.3 IN ACCORDANCE WITH THE PROCEDURE FOR RECOVERY PROVIDED UNDER THE PROVISIONS OF KARNATAKA LAND REVENUE ACT, 1964 AND RULES THEREUNDER, FOR ENFORCEMENT OF THE DIRECTIONS OF RESPONDENT NO.4 AT ANNEXURE-B ISSUED UNDER SECTION 40 (1) OF REAL ESTATE (REGULATION AND DEVELOPMENT) ACT, 2016 AND RULE 25 OF REAL ESTATE (REGULATION AND DEVELOPMENT) RULES, 2017. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM - 3 - HC-KAR NC: 2026:KHC:15437 WP No. 8471 of 2026 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, directing Respondents No.1 Respondent No.2 to enforce payment of amounts due from Respondent No.3 in accordance with the procedure for recovery provided under the provisions of Karnataka Land Revenue Act, 1964 and rules thereunder, for enforcement of the directions of Respondent No.4 at Annexure –B 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. 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." - 4 - HC-KAR NC: 2026:KHC:15437 WP No. 8471 of 2026 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. 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 view that when a Recovery Certificate is issued by - 5 - HC-KAR NC: 2026:KHC:15437 WP No. 8471 of 2026 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 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. Therefore, 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 and the Special Deputy Commissioner now - 6 - HC-KAR NC: 2026:KHC:15437 WP No. 8471 of 2026 appointed to execute the Recovery Certificate at Annexure-B 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 Special Deputy Commissioner along with supporting documents. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE BVK List No.: 1 Sl No.: 14