- 1 - HC-KAR NC: 2026:KHC:13011 WP No. 15776 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 15776 OF 2024 (GM-RES) BETWEEN: SRI. S.G. SAMBASIVAN, S/O LATE S. E. GOPALAN, AGED ABOUT 81 YEARS, R/AT NO. 4091, PRESITGE WHTIE MEADOWS, WHITEFIELD MAIN ROAD, WHITEFILED, BANGALORE - 560066 …PETITIONER (BY SRI. R. B. SADASIVAPPA, ADVOCATE) AND: 1. THE DISTRICT COMMISSIONER, BANGALORE URBAN DISRICT, KANDAYA BAHVAN, K. G. ROAD, BANGALORE - 560009. 2. THE SPECIAL DISTRICT COMMISSIONER DIV 1, BANGALORE NORTH (SUB DIVISION), BANGALORE URBAN DSITRICT KANDAYA BAHVAN, K G ROAD, BANGALORE - 560009. Digitally signed by NAGARAJA B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:13011 WP No. 15776 of 2024 3. THE SPECIAL TAHSILIDAR, BANGALORE NORTH TALUK, BANGALORE DISTRICT, KANDAYA BAHVAN, K. G. ROAD, BANGALORE - 560009. 4. M/S. MANTHRI GARDEN VIEW HOMES PRIVATE LTD PROJECT MANTRI BLOSSOMS 1 HAVING OFFICE AT NO. 41, MANTHRI HOUSE, VITTAL MALYA ROAD, BANGALORE - 560001. REP BY ITS SIGNATORY/ MANAGING DIRECTOR. …RESPONDENTS (BY SRI. ADITYA DIWAKARA, AGA FOR R1 TO R3) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R-1, 2 AND 3 TO IMPLEMENT THE ORDER PASSED BY THE RERA AUTHORITY ON 08.11.2022 VIDE ANNEXURE-B IN COMPLAINT NO. CMP-210512/000794 AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM - 3 - HC-KAR NC: 2026:KHC:13011 WP No. 15776 of 2024 ORAL ORDER The captioned petition is filed seeking direction against respondents 1 to 3 to attach unsold apartments in the Project “Mantri Blossoms 1” being developed by Mantri Garden View Homes Ltd. and enforce the order passed by the Real Estate Regulatory Authority (for short "RERA") and further direct respondent No.4 to pay an amount of Rs.79,12,256/- with interest at the rate of 9% per annum from 09.06.2015 till 34.04.2017. 2. Heard the learned counsel on record. Perused the writ papers. 3. The petitioner had lodged a complaint under Section 31 of the Real Estate (Regulation and Development) Act, 2016 (for short "the Act") seeking refund of the amount paid along with interest against respondent No.4. It is the specific case of the petitioner that he had booked a flat bearing No. B1202 in the residential project undertaken by respondent No.4 and, in - 4 - HC-KAR NC: 2026:KHC:13011 WP No. 15776 of 2024 that regard, had entered into an Agreement for Sale and Construction Agreement dated 14.03.2018. The total sale consideration agreed between the parties was Rs.3,99,68,400/-. Pursuant to the said agreement, the petitioner asserts that he had paid a sum of Rs.79,12,526/- towards the sale consideration. However, respondent No.4 failed to hand over possession of the apartment within the time stipulated under the Agreement for Sale. Consequently, the petitioner was constrained to initiate proceedings before the RERA by filing a complaint under Section 31 of the Act. The said complaint came to be allowed and the RERA directed respondent No.4 to refund a sum of Rs.79,12,526/- along with applicable interest. 4. The petitioner has presented the captioned writ petition contending that the order passed by the RERA has attained finality. Despite the said order, respondent No.4 has failed to comply with the directions issued by the RERA as evidenced by the order produced at Annexure - 5 - HC-KAR NC: 2026:KHC:13011 WP No. 15776 of 2024 “B”. In the said circumstances, the petitioner has approached this Court seeking a direction to respondents 1 to 3 to initiate appropriate recovery proceedings in accordance with law and to ensure that the amount awarded under the order of the RERA is recovered and paid to the petitioner. 5. The records would further indicate that respondent No.2 had addressed a communication to respondent No.3 directing recovery of the amount along with interest payable to the petitioner. However, there appears to be complete inaction on the part of respondent No.3, who is the jurisdictional Tahsildar, in implementing the order passed by the RERA. Having regard to the fact that the petitioner has secured a lawful order from the RERA and the same has attained finality, the petitioner has acquired a legal right to have the said order enforced. Respondent No.3, being the competent revenue authority, is bound to act upon the request for recovery and implement the order passed by the RERA. In view of the - 6 - HC-KAR NC: 2026:KHC:13011 WP No. 15776 of 2024 apparent inaction on the part of respondent No.3, this Court is of the opinion that the present case warrants issuance of appropriate directions. 6. Accordingly, this Court proceeds to pass the following: ORDER (i) The writ petition is allowed. (ii) Respondent No.3 is directed to implement the order dated 08.11.2022 passed by the RERA, produced at Annexure “B”, and take necessary steps for recovery of the amount in accordance with law. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE ALB, List No.: 2 Sl No.: 22