IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 9^TH DAY OF DECEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ

WRIT PETITION NO. 35494 OF 2025 (GM-RES)

BETWEEN:

MR. KUNAL WALIA

SON OF MR. RAJIV WALLA

AGED ABOUT 45 YEARS,

RESIDING AT 18, AMALTAS MARG,

DLF CITY PHASE 1, NEAR QUTAB PLAZA,

GURUGRAM - 122 002.

…PETITIONER

(BY SRI. ANKUR TRIPATHI, ADVOCATE)

AND:

1. STATE OF KARNATAKA DEPARTMENT OF REVENUE,

M.S. BUILDING, BENGALURU - 560 001.

Digitally signed

REPRESENTED BY ITS PRINCIPAL SECRETARY.

by SHWETHA

RAGHAVEN DRA Location: HIGH

2. DEPUTY COMMISSIONER

COURT OF

KARNATAKA BANGALORE CITY DISTRICT,

KANDAYA BHAVANA, K. G. ROAD,

BENGALURU - 560 009.

3. KARNATAKA REAL ESTATE

REGULATORY AUTHORITY

2ND FLOOR, SILVER JUBILEE,

BLOCK UNIT BUILDING, CSI COMPOUND,

BENGALURU - 560 027.

REPRESENTED BY ITS SECRETARY.

4. M/S. HOSKOTE NEO HOMES LIMITED THROUGH ITS DIRECTORS/AUTHORISED REPRESENTATIVES, REGISTERED OFFICE AT NO. 110/37, SOLITAIRE BUILDING SERVICE ROAD, OUTER RING ROAD MARATHAHALLI, BENGALURU - 560 037.

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

SRI. K. RAJASHEKAR, ADVOCATE FOR R3;

NOTICE TO R4 DISPENSED WITH)

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT RESPONDENT NO. 2 TO IMPLEMENT THE ORDER DATED 16.09.2025 IN NO. RERA/REVENUE/294/2025-26/3340 AND RECOVERY CERTIFICATE DATED 16.09.2025 IN NO. RERA/REVENUE/294/2025-26/3440 PASSED BY THE RESPONDENT NO.3 IN FAVOUR OF THE PETITIONERS VIDE ANNEXURE - A AND B.

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. Learned Additional Government Advocate accepts notice for respondent Nos.1 and 2.

2. Sri. K.Rajashekar, learned counsel is directed to accept notice for respondent No.3.

3. Notice to respondent No.4 is dispensed with since respondent No.4 is not required to be heard on the present matter.

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

(a) Issue a Writ of Mandamus, directing Respondent No. 2 to

16.09.2025 in No. implement the order dated RERA/Revenue/294/2025-26 and Recovery Certificate dated 16.09.2025 in No. RERA/Revenue/294/2025-26/3449 passed by the Respondent No.3 in favour of the Petitioners vide ANNEXURE A & B respectively.

(b) Issue any other Writ or Order or direction that deems fit to grant in circumstances of the case in the interest of Justice and Equity.

5. The grievance of the petitioner is that the recovery certificate issued by the Karnataka Real Estate Regulatory Authority (hereinafter referred to as ‘RERA’ for short), under Section 40(1) 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.

6. 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

45 days' time.

7. 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 16.09.2025 at Annexures-A and B respectively as expeditiously as possible, preferably within a period of 45 days 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 GJM List No.: 1 Sl No.: 16