- 1 - HC-KAR NC: 2026:KHC:15048 WP No. 7123 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 7123 OF 2026 (GM-RES) BETWEEN: 1. VIKASH SINGH S/O JAIRAM SINGH AGED ABOUT 39 YEARS, 2. PRIYANKA THAKUR W/O VIKASH SINGH AGED ABOUT 37 YEARS BOTH RESIDING AT D-602 ND PASSION ELITE HARALURU - 560 068. …PETITIONERS (BY SRI. ANANTHA KASHYAP H.K..,ADVOCATE) AND: 1. DEPUTY COMMISSIONER AND DISTRICT MAGISTRATE KEMPEGOWDA ROAD, BEHIND KANDAYA BHAVANA, BENGALURU URBAN DISTRICT, Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:15048 WP No. 7123 of 2026 BENGALURU-560009. 2. FRONTIER SHELTERS PRIVATE LIMITED, A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 2013, HAVING ITS REGISTERED OFFICE AT NO. 422, 80 FEET ROAD, 6TH BLOCK, KORAMANGALA, BENGALURU 560095, REPRESENTED BY ITS MANAGING DIRECTOR MR. ANAND C REDDY. 3. KARNATAKA REAL ESTATE REGULATORY AUTHORITY THROUGH ITS CHAIRMAN NO.1/14, 2ND FLOOR, SILVER JUBILEE BLOCK, UNITY BUILDING BACKSIDE, CSI COMPOUND, 3RD CROSS, MISSION ROAD, BENGALURU-560027. …RESPONDENTS (BY SMT.NAVYA SHEKHAR., AGA FOR R1; SRI. GOWTHAMDEV C ULLAL., ADVOCATE FOR R3) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-1 TO ACT UPON AND COMPLY WITH THE RECOVERY CERTIFICATE DATED 05.08.2025 AT ANNX-B AND RECOVER THE DECRETAL AMOUNT CALCULATED AS PER ANNX-C DATED 25.02.2026 FROM THE R-2/DEVELOPER WITHIN A PERIOD OF ONE MONTH WITHOUT FAIL FAILING WHICH ACTION BE INITIATED AGAINST THE R-1. - 3 - HC-KAR NC: 2026:KHC:15048 WP No. 7123 of 2026 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:- "i. Pass orders and issue a writ of mandamus directing the Respondent No.1 to act upon and comply with the recovery certificate dated 05.08.2025 at Annexure-B and recover the decretal amount calculated as per Annexure-C dated 25.02.2026 from the Respondent No.2/Deverloper within a period of one month without fail failing which action be initiated against the Respondent No.1. ii. Pass any further order or orders which this Hon'ble Court may deem fit and proper in the interest of justice. - 4 - HC-KAR NC: 2026:KHC:15048 WP No. 7123 of 2026 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 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 Certificate is issued by - 5 - HC-KAR NC: 2026:KHC:15048 WP No. 7123 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 petitioners by furnishing the Recovery Certificate has 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. 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:15048 WP No. 7123 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 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 SA