- 1 - HC-KAR NC: 2026:KHC:14736 WP No. 22837 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. 22837 OF 2024 (GM-RES) BETWEEN: 1. VINOD NAIR AGE 48, RESIDING AT, C-1003, 10TH FLOOR PURVA SUNFLOWER, MAGADI ROAD, BENGALURU - 560023 (SENIOR CITIZEN BENEFIT NOT CLAIMED) 2. KASHMIRA PATKI NAIR AGE 44, RESIDING AT, C-1003, 10TH FLOOR PURVA SUNFLOWER, MAGADI ROAD, BENGALURU - 560023 (SENIOR CITIZEN BENEFIT NOT CLAIMED) …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, Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:14736 WP No. 22837 of 2024 KANDHAYA BHAVAN, KG ROAD, BENGALURU 560009 3. OZONE URBANA INFRA DEVELOPERS PRIVATE LIMITED, A COMPANY INCORPORATED UNDER COMPANIES ACT, 1956, HAVING ITS REGISTERED OFFICE AT NO 38, ULSOOR ROAD, BENGALURU-560042. 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 DIRECTING R1 AND R2 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 K-RERA UNDER ANNEXURE C WHICH IS REVENUE RECOVERY CERTIFICATE AND COMPLY WITH THE K-RERA ORDERS AT ANNEXURE A WHICH IS K-RERA JUDGEMENTS I.E CMP/UR/221226/0010530. 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. 22837 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 direction of the K- RERA under Annexure-C which is revenue recovery certificate and comply with the K- RERA orders at Annexure-A which is K-RERA Judgments i.e., CMP/UR/221226/0010530. B. Grant/Pass/Issue such other and further orders/directions/relief as this Hon'ble Court deems fit under the facts and circumstances of the case, in the interest of justice and equity. - 4 - HC-KAR NC: 2026:KHC:14736 WP No. 22837 of 2024 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 a view that when a Recovery Certificate is issued by - 5 - HC-KAR NC: 2026:KHC:14736 WP No. 22837 of 2024 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: ORDER (i) The writ petition is allowed. - 6 - HC-KAR NC: 2026:KHC:14736 WP No. 22837 of 2024 (ii) A mandamus is issued directing respondent Nos.1 and 2 to execute the Recovery Certificate at Annexure-C 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 Sl No.: 4