- 1 - HC-KAR NC: 2026:KHC:14736 WP No. 21570 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. 21570 OF 2024 (GM-RES) BETWEEN: 1. MUNNA SHARMA AGED 41 RESIDING AT DEAGAON, CHIRAILI, KHIZERSARI DISTRICT: GAYA, BIHAR 824233 2. SHRADHA KUMARI AGED 35 RESIDING AT DEAGAON, CHIRAILI, KHIZERSARI DISTRICT: GAYA, BIHAR 824233 ...PETITIONERS (BY SRI. REYNOLD D'SOUZA., ADVOCATE) AND: 1. THE STATE OF KARNATAKA THROUGH THE DEPUTY COMMISSIONER BENGALURU URBAN DISTRICT BENGALURU 560009 2. THE SPECIAL TAHASILDAR BANGALORE NORTH TALUK KANDHAYA BHAVAN, K G ROAD BENGALURU 560009 3. OZONE REALTORS PRIVATE LIMITED A COMPANY INCORPORATED UNDER COMPANIES ACT 1956 Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:14736 WP No. 21570 of 2024 HAVING ITS REGISTERED OFFICE AT NO.51/7-1 RATHNA AVENUE OFF RICHMOND ROAD CIVIL STATION BENGALURU 560025 THROUGH ITS AUTHORIZED REPRESENTATIVE MANAGING DIRECTOR VASUDEVAN SATHYAMOORTHY. ...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 DIRECT RESPONDENTS NO.1 AND RESPONDENT NO.2 TO ENFORCE PAYMENT OF AMOUNTS DUE FROM RESPONDENT NO.3 BY IMPLEMENTING THE SAID ORDERS IN ACCORDANCE WITH THE PROCEDURE FOR RECOVERY PROVIDED UNDER THE PROVISIONS OF KARNATAKA LAND REVENUE ACT, 1964 AND RULES THEREUNDER READ ALONG WITH REAL ESTATE REGULATORY AUTHORITY ACT, 2016 AND RULES THEREUNDER, FOR REFORCEMENT OF THE DIRECTIONS OF K- RERA UNDER ANNEXURE-C WHICH IS REVENUE RECOVERY CERTIFICATE BEARING NO. RERA/REVENUE/10054/2023-24 DATED 12.02.2024 & RERA/REVENUE/10070/2023-24 DATED 12.02.2024 AND COMPLY WITH THE K-RERA ORDERS AR ANNEXURE-A (A1 & A2) WHICH IS K-RERA JUDGEMENTS I.E. CMP/221007/0010054 AND CMP/221010/0010070. 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. 21570 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 payment of amounts due from Respondent No.3 by implementing the said orders in accordance with the procedure for recovery provided under the provisions of Karnataka Land Revenue Act, 1964 and rules thereunder read along with Real Estate Regulatory Authority Act, 2016 and Rules thereunder, for enforcement of the directions of the K- RERA under Annexure-C, C1 & C2 which is revenue recovery certificate bearing number RERA/REVENUE/10054/2023-24 Dated 12.02.2024 & RERA/REVENUE/10070/2023- 24 Dated 12.02.2024 and comply with the K-RERA orders at Annexure-A, A1 & A2 which is K-RERA Judgments i.e., CMP/221007/0010054 and CMP/221010/0010070. B. Grant/Pass/Issue such other and further orders/directions/relief as this Hon'ble Court - 4 - HC-KAR NC: 2026:KHC:14736 WP No. 21570 of 2024 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. 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 - 5 - HC-KAR NC: 2026:KHC:14736 WP No. 21570 of 2024 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. 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: - 6 - HC-KAR NC: 2026:KHC:14736 WP No. 21570 of 2024 ORDER (i) The writ petition is allowed. (ii) A mandamus is issued directing respondent Nos.1 and 2 to execute the Recovery Certificate at Annexures-C, C1 & C2 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. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE CA List No.: 2