IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13^TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 27766 OF 2025 (GM-RES)

BETWEEN:

MR. VARUN RAO B AGED ABOUT 36 YEARS, SON OF MR. GURURAJ RAO B, CURRENTLY RESIDING AT NO.238, 9TH MAIN ROAD, 5TH CROSS, HMT LAYOUT, 2ND BLOCK, VIDYARANYAPURA, BENGALURU- 560 097 …PETITIONER (BY SRI. RAJKUMAR M D., ADVOCATE)

AND:

1. THE STATE OF KARNATAKA REPRESENTED BY ITS DEPUTY COMMISSIONER, Digitally signed BANGALORE URBAN DISTRICT, by SHWETHA BENGALURU - 560 001 RAGHAVENDRA Location: HIGH COURT OF 2. THE SPECIAL TAHASILDAR KARNATAKA BENGALURU NORTH TALUK, KANDAYA BHAVAN, GROUND FLOOR, K.G. ROAD, BENGALURU - 560 009

3. M/S. VENKATESHWARA INFRA PROJECTS A SOLE PROPRIETORSHIP, NO. 631/118, 9TH MAIN ROAD, PRAKASH NAGAR, BENGALURU- 560 021 REPRESENTED BY ITS PROPRIETOR, MR. G P GANESH

4. KARNATAKA REAL ESTATE REGULATORY AUTHORITY THROUGH ITS CHAIRMAN SECOND FLOOR, SILVER JUBLIEE BLOCK MISSION ROAD BENGALURU - 560 027.

…RESPONDENTS (BY SRI. SIDARTH BABU RAO, AGA FOR R1 AND R2;

V/O DT 13.11.2025 NOTICE TO R3 D/W)

THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER, OR DIRECTION, DIRECTING THE RESPONDENT NOS. 1 TO 2 TO PROMPTLY TAKE ALL NECESSARY ACTIONS TO ENFORCE THE ORDER DATED 13/02/2025 PASSED BY THE RESPONDENT NO. 4 IN COMPLAINT NO. CMP/UR/210906/0008305 ANNEXURE A AND THE REVENUE RECOVERY CERTIFICATE DATED 03/07/2025 AT ANNEXURE B, VIDE NO.RERA KANDAYA/8305/25-26/3270 IN ACCORDANCE WITH THE KARNATAKA LAND REVENUE ACT, 1964 AND RULES 1966 AND RECOVER THE PAYMENTS DUE FROM THE RESPONDENT NO. 3 TO THE PETITIONER.

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 petitioner is before this Court seeking for the following reliefs:

(a) Issue a writ of mandamus or any other appropriate writ, order, or direction, directing the Respondent Nos. 1 to 2 to promptly take all necessary actions to enforce the order dated 13/02/2025 passed by the respondent no. 4 in complaint no.

CMP/UR/210906/0008305 Annexure-A and the Revenue Recovery Certificate dated 03/07/2025 at Annexure B, vide no.ReraKandaya/8305/2025- 26/3270 in accordance with the Karnataka Land Revenue Act, 1964 and rules 1966 and recover the payments due from the Respondent No. 3 to the Petitioner.

(b) Grant any other relief that this Hon'ble Court may deem fit and proper in the facts and circumstances of the case and in the interests of justice and equity.

2. The grievance of the petitioner is that respondent No.2 has not taken any action to enforce the order dated 13.02.2025 passed by respondent No.4 under Section 40 of the Real Estate (Regulation and Development) Act, 2016 (hereinafter referred to as the "RERA Act").

3. The submission of learned counsel for the petitioner is that respondent No.2 was but required to initiate proceedings for recovery of the amounts mentioned in the recovery certificate and arrears of land revenue as expeditiously as possible and make available the said amounts recovered to the petitioner.

4. The submission of learned Additional Government Advocate is that a post of Special Deputy Commissioner has been created for the purpose of implementing the orders under Section 40 of the RERA Act.

5. Having gone through the documents, the order having passed on 13.02.2025, it was but required for respondent No.2 to have taken action as expeditiously as possible, the same not having been done, I pass the following:

ORDER

i) The writ petition is allowed ii) A mandamus is issued directing respondent No.2/Special Deputy Commissioner to take necessary action to enforce the order dated 13.02.2025 passed under Section 40 of the RERA Act and recover the amounts mentioned therein as arrears of land revenue from respondent No.3 as expeditiously as possible, preferably within a period of 60 days from the date of receipt