IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 10^TH DAY OF DECEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ

WRIT PETITION NO.257 OF 2024 (GM-RES)

BETWEEN:

1. SRI. PRAKSH KUMBHAKAR S/O KALACHAND KUMBHAKAR,

AGED 39 YEARS,

RESIDING AT NO. 2866

NEW D-27, 1ST FLOOR, 8TH CROSS,

VV MOHALLA, MYSURU-570002.

2. SRI NITIN VERMA

S/O LAKHAN LAL VERMA,

AGED 39 YEARS,

3. SMT BINA CHANDRAVANSHI

W/O NITIN VERMA,

AGED 37 YEARS,

PETITIONER NO. 2 AND 3 BOTH ARE RESIDING AT FLAT NO. C2, BLOCK-I

Digitally signed

SAMHITA SQUARE APARTMENT,

by SHWETHA

RAGHAVENDRA BASAVANAGAR MAIN ROAD,

Location: HIGH BENGALURU-560 037.

COURT OF

…PETITIONERS

KARNATAKA

(BY SRI. AMIT ANAND, ADVOCATE)

AND:

1. THE PRINCIPAL SECRETARY

REVENUE DEPARTMENT,

GOVERNMENT OF KARNATAKA

ROOM NO. 505, 5TH FLOOR,

GATE-3, M S BUILDING,

DR.B.R. AMBEDKAR VEEDHI,

BENGALURU-560001.

2. THE DEPUTY COMMISSIONER BANGALORE NORTH TALK OFFICE KANDAYA BHAVAN, KEMPEGOWDA ROAD, NEXT TO CAUVERY BHAVAN, BENGALURU-560009.

3. THE SPECIAL TAHSILDAR KRISHNARAJAPURA TALUK OFFICE, BENGALURU-560003. 4. THE TAHSILDAR KRISHNARAJAPURA TALUK OFFICE, 2M3R+WR5, DIESEL LOCO SHED ROAD, DURAVANI NAGAR, KRISHNARAJAPURA, BENGALURU-560003.

5. KARNATAKA REAL ESTATE REGULATORY AUTHORITY NO. 1/14, 2ND FLOOR, SILVER JUBILEE BLOCK, BEHIND UNITY BUILDING, C.S.I COMPOUND, 3RD CROSS, MISSION ROAD, BENGALURU-560027.

6. M/S VENKAT ESTATES PRIVATE LIMITED A PRIVATE LIMITED COMPANY, REGISTERED UNDER THE COMPANIES ACT, REGISTERED OFFICE AT # 254, 5TH FLOOR, RAJNIGANDHA BLOCK, GARDEN APARTMENTS, VITTAL MALLYA ROAD, BENGALURU-560001.

…RESPONDENTS (BY SMT. SARITHA KULKARNI, AGA FOR R1 TO R4; SRI. GOWTHAMDEV C. ULLAL, ADVOCATE FOR R5;

SRI. N. KRISHNAPPAN, ADVOCATE FOR R6)

THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTION TO THE RESPONDENTS 1 TO 4 TO COMPLETE THE RECOVERY PROCESS WITHIN A PARTICULAR TIME FRAME IN PURSUANT OF THE COMMUNICATION BEARING NO. RERA/REVENUE/7922/2023-24 DTD 27.07.2023 (ANNEXURE-C) ISSUED BY THE KARNATAKA REAL ESTATE REGULATORY AUTHORITY TO THE 2^ND RESPONDENT IN RESPECT OF THE 1^ST PETITIONER 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. Petitioners are before this Court seeking for the following reliefs:

i. Issue an appropriate writ, order, or direction to the respondents 1 to 4 to complete me recovery process within a particular timeframe communication pursuance of the bearing No. RERA/REVENUE/7922/2023-24, dated 27-07-2023 (ANNEXURE-C), issued by the Karnataka Real Estate Regulatory Authority to the 2^nd respondent, in respect of the 1^st petitioner, in the interest of justice and equity.

ii. Issue an appropriate writ, order, or direction to the respondents 1 to 4 to complete the recovery process within a particular timeframe in pursuance of the communication bearing No. RERA/REVENUE/7911/2023-24, dated 27-07-2023 (ANNEXURE- D), issued by the Karnataka Real Estate Regulatory Authority to the 2^nd respondent, in respect of the 2^nd and 3^rd petitioner, in the interest of Justice and equity.

iii. Pass such other order as this Hon'ble High Court deems fit on the facts and circumstances of the case, including the award of costs.

2. The grievance of the petitioners was that the Recovery Certificate which has been issued under Sub Section 1 of Section 40 of the Real Estate (Regulation and Development) Act, 2016 had not been implemented by the Special Tahsildar.

3. This Court on filing of the above petition had issued notice to the respondents. Respondent No.6- developer had also appeared through a counsel. Subsequently, it was informed respondent No.6 was undergoing resolution process as such the IRP appointed by the NCLT appeared before this Court through a counsel and sought time to clear the dues of the petitioners. Four weeks time was granted on 23.10.2025. Subsequently, further extension of time was sought for on 19.11.2025 and the matter was adjourned to 04.12.2025 and again the matter is being adjourned