IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19^TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 33959 OF 2024 (GM-RES)

BETWEEN:

1. BIPIN HALAPPA AGED ABOUT 33 YEARS NO.980, 2ND FLOOR SRI SAI NILAYAM, 3RD CROSS D-BLOCK, AECS LAYOUT MARATHAHALLI-560037 …PETITIONER (BY SRI. TEJASVI K V., ADVOCATE)

AND:

1. KARNATAKA REAL ESTATE REGULATORY AUTHORITY NO.1/14, 2ND FLOOR SILVER JUBILEE BLOCK UNITY BUILDING BACKSIDE CIS COMPOUND, 3RD CROSS MISSION ROAD, BENGALURU-560027 REPRESENTED BY ITS REGISTRAR.

Digitally signed by SHWETHA RAGHAVEN DRA 2. STATE OF KARNATAKA Location: HIGH THROUGH THE DEPUTY COMMISSIONER COURT OF BENGALURU DISTRICT KARNATAKA KANDAYA BHAVAN, K.G.ROAD BENGALURU-560009.

3. M/S SHASHWATI REALTY PVT. LTD., U/S COMPANIES ACT 2013 NO.19/1, 2^ND FLOOR, DODDAMANE BUILDING VITTALMALLYA ROAD, BENGALURU-560001.

REPRESENTED BY THE DIRECTOR …RESPONDENTS (BY SRI.GOWTHAMDEV C ULLAL., ADVOCATE FOR R1:

SMT. SARITHA KULKARNI, AGA FOR R2)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT R-2 BEARING NO: RERA/KANDAYA/6755/2023-24 TO FORTHWITH EXECUTE AND IMPLEMENT THE RECOVERY CERTIFICATE DATED: 28.12.2023 (ANNEXURE-B) AND RECOVER FROM R-3 THE AMOUNT OF RS. 40,03,836/- ALONG WITH APPLICABLE INTEREST, AS ARREARS OF LAND REVENUE AND ETC.

THIS PETITION, COMING ON FOR ORDERS, 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, direction, directing Respondent No. 2 Bearing No: Rera/Kandya/6755/2023-24 to forthwith execute and implement bearing No. 1500/6755/2023-24 the recovery certificate dated 28/12/2023 (Annexure-B) and recover from Respondent No. 3 the amount of Rs. 40,03,836/-, along with applicable interest, as arrears of land revenue.

B. Direct Respondent No. 2 to deposit the amount so recovered into the account of Respondent No. 1 for onward disbursement to the Petitioner.

C. Direct Respondent No. 1 to ensure the immediate disbursement of the recovered amount to the Petitioner's account.

D. Direct Respondent No. 3 to comply with the order dated 13/06/2023 (Annexure-A) and refund the amount of Rs. 40,03,836/- to the Petitioner, along with applicable interest, as directed in the said order.

E. Grant such further relief(s) as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.

2. The grievance of the Petitioner is that the recovery certificate dated 28.12.2023 issued by the Karnataka Real Estate Regulatory Authority (hereinafter referred to as ‘RERA’ for short), under Section 40 of the Real Estate (Regulation and Development) Act, 2016 (hereinafter referred to as ‘the RERA Act’ for short), has not been implemented by Respondent No.2. It is in that background that the Petitioner is before this Court seeking for the aforesaid reliefs.

3. Learned AGA submits that a Special Deputy Commissioner has now been appointed to enforce any recovery certificate issued by RERA and necessary action would be taken by a Special Deputy Commissioner given 30 days' time.

4. Placing her submission on record, I pass the following:

ORDER

(a) Writ petition is allowed (b) A mandamus is issued directing Respondent No.2-Deputy Commissioner or the Special Deputy Commissioner, who has been so appointed now to take effective steps for recovering the amounts covered under the recovery certificate dated 28.12.2023 at Annexure-B as expeditiously as possible, preferably within a period of eight weeks from the date of receipt of a certified copy of this order.

(c) The petitioner is also permitted to furnish the list of properties owned by Respondent No.3 along with supporting documents to Respondent No.2, which shall be acted upon by Respondent No.2.

SD/-

(SURAJ GOVINDARAJ)

JUDGE KTY List No.: 1 Sl No.: 62