IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10^TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 29887 OF 2025 (GM-RES)

BETWEEN:

SRI SABYASACHI BAHERA AGED ABOUT 45 YEARS, S/O. SRI. KALANDI CH BAHERA RESIDING AT 203, B BLOCK, APOORVA PARADISE APARTMENT, AKSHAY NAGAR, RAMAMURTHY NAGAR, BENGALURU- 560016.

ALSO AT NO. 203, B1 BLOCK, KOLTE PATIL 'MIRABILIS', IN SY. NO 71 HOREMAVU AGARA VILLAGE, KR PURAM HOBLI, BENGALURU EAST TALUK, BENGALURU 560043 …PETITIONER Digitally signed by (BY SRI. SAMEER SHARMA., ADVOCATE)

SHARADAVANI B Location: High Court of AND:

Karnataka

1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, REVENUE DEPARTMENT, VIDHANA SOUDHA, BENGALURU 560 001.

2. THE DEPUTY COMMISSIONER BENGALURU URBAN DISTRICT, KANDAYA BHAVAN, GROUND FLOOR, K.G. ROAD, BENGALURU 560 009

3. THE SPECIAL TAHSILDAR BENGALURU EAST TALUK, KANDAYA BHAVAN, GROUND FLOOR, K.G. ROAD, BENGALURU - 560 009

4. THE KARNATAKA REAL ESTATE REGULATORY AUTHORITY

2ND FLOOR, SILVER JUBILEE BLOCK, UNITY BUILDING, CSI COMPOUND BANGALORE - 560027 REPRESENTED BY ITS SECRETARY …RESPONDENTS (BY SRI. B.RAVINDRANATH, AGA FOR R1 TO R3;

SRI. K.RAJASHEKAR, ADVOCATE FOR R4)

THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTION TO THE RESPONDENT NOS. 2 AND 3 TO TAKE NECESSARY STEPS AND ACTION AS PER THE JUDGEMENT DATED 15.05.2024 RENDERED IN COMPLAINT NO. 200628/0006093 BY THE RESPONDENT NO. 4 (ANNEXURE D) AND CONCLUDE THE REVENUE RECOVERY PROCEEDINGS AS PER THE DIRECTIONS ISSUED BY THE RESPONDENT NO. 4 IN REVENUE RECOVERY CERTIFICATE BEARING RERA/KANDAYA/6093/2023-24, VIDE ANNEXURE F, IN SO FAR PETITIONER CONCERNED WITHIN 4 WEEKS FROM THE RECEIPT OF THIS ORDER AND CONSEQUENTLY, REPORT THE COMPLIANCE OF THE ORDER TO THE REGISTRAR GENERAL OF THIS HONBLE COURT.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ

ORAL ORDER

1. The learned Additional Government Advocate is directed to accept notice for respondents No.1 to 3.

2. Shri K. Rajashekar, learned counsel is directed to accept notice for respondent No.4.

3. The petitioner is before this Court seeking for the following reliefs:

"A. Issue a writ in the nature of Mandamus or any other appropriate Writ, order or direction to the Respondent Nos.2 and 3 to take necessary steps and action as per the Judgment dated 15.05.2024 rendered in Complaint No. 200628/0006093 by the Respondent No.4 (Annexure E) and conclude the Revenue Recovery Proceedings as per the directions issued by the Respondent No.4 in Revenue Recovery Certificate bearing RERA/KANDAYA/6093/2023-24, vide Annexure-F insofar as petitioner concern, within 4 weeks from the receipt of this Order and consequently, report the compliance of the Order to the Registrar General of this Hon'ble Court.

B. Grant such other reliefs as this Hon'ble Court deems fit in the above circumstances of the case, in the interests of justice and equity."

4. The short grievance of the petitioner is that the recovery certificate has been issued by the K-RERA under Section 40 (1) & (2) of the Real Estate (Regulation and Development) Act, 2016 read with Rule 25 of the Karnataka Real Estate (Regulation and Development) Rules, 2017 has not been complied with by the respondent and as much as, the amounts detailed therein have not been recovered as arrears of land revenue. Whenever any order is passed by a K-RERA, it is but required that necessary proceedings are taken up and the amounts recovered as expeditiously as possible by following the due procedure for recovery of amounts as arrears to land revenue. None of it has been done.

5. Accordingly, I pass the following:

ORDER

(i) Writ petition is allowed.

(ii) A mandamus is issued directing respondent Nos.2 and 3 to take necessary steps and actions for implementation of the recovery certificate at Annexure-E within a period of 6 weeks from the date of receipt of copy of this order. Sd/-

(SURAJ GOVI