IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 17^TH DAY OF DECEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ

WRIT PETITION NO. 29462 OF 2025 (GM-RES)

BETWEEN:

1. SHAHRUKH HASSAN NADAF

S/O HASAN BABALAL NADAF,

AGED ABOUT 30 YEARS,

R/AT NO.2/8, 4^TH FLOOR,

SPENCER ROAD, COLES PARK,

FRAZER TOWN,

BENGALURU - 560 025.

PRESENTLY RESIDING AT MIS SCHOOL ROAD,

GAJANAN NAGAR PIMPRI GURAV,

PUNE-411017 …PETITIONER

(BY SRI. GANESH NAG B.V., ADVOCATE)

AND:

Digitally signed

by SHWETHA

RAGHAVENDRA

1. THE DEPUTY COMMISSIONER

Location: HIGH

COURT OF BENGALURU DISTRICT,

KARNATAKA

BENGALURU - 560 009.

2. THE SPECIAL THASILDAR,

ANEKAL TALUK,

BENGALURU DISTRICT - 562 106.

3. THE DEPUTY THASILDAR,

JIGANI HOBLI, ANEKAL TALUK,

BENGALURU - 562 106.

4. M/S ALLAM INFINITE INDIA PRIVATE LIMITED, REGISTERED OFFICE AT NO.44/1, AZEEM PEARL, DICKENSON ROAD, YELLAPPA CHETTY LAYOUT, BENGALURU - 560 042. REP. BY ITS DIRECTOR REGISTERED UNDER COMPANY ACT

5. M/S GM INFINITE DWELLING (INDIA) PRIVATE LIMITED, REGISTERED OFFICE AT NO.6, GM PEARL, 1^ST STAGE, 1^ST PHASE, BTM LAYOUT, BENGALURU - 560 068. REP. BY ITS DIRECTOR REGISTERED UNDER COMPANY ACT …RESPONDENTS (BY SRI. SIDARTH BABURAO, AGA)

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-DIRECT, DIRECTING THE RESPONDENT NOS. 1 TO 3 TO FORTHWITH EXECUTE AND ENFORCE THE RECOVERY CERTIFICATE BEARING NO. RERA/REVENUE/00005/2024-25/2897 DATED 21.10.2024 ISSUED BY THE KARNATAKA REAL ESTATE REGULATORY AUTHORITY (KRERA) AT ANNEXURE-D AND EXECUTION ORDER DATED 08.10.2024 AT ANNEXURE-C, BY TAKING ALL NECESSARY AND LAWFUL STEPS FOR RECOVERY OF THE AMOUNT OF RS. 40,66,009/- ALONG WITH THE FURTHER INTEREST AT MCLR PLUS 2 PERCENT UNTIL REALIZATION, FROM RESPONDENT NOS. 4 AND 5, IN ACCORDANCE WITH LAW AND ALSO BY CONSIDERING THE APPLICATION DATED 24.07.2025 AT ANNEXURE -P.

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:

" Issue a writ of mandamus or any other appropriate writ, order, or direction directing the Respondent Nos. 1 to 3 to forthwith execute and enforce the Recovery Certificate bearing No. RERA/Revenue/00005/2024-25/2897 dated 21.10.2024 issued by the Karnataka Real Estate Regulatory Authority (KRERA) at ANNEXURE-D and Execution Order dated 08.10.2024 at ANNEXURE-C, by taking all necessary and lawful steps for recovery of the amount of Rs. 40,66,009/ along with the further interest at MCLR + 2% until realization, from Respondent Nos. 4 and 5, in accordance with law and also by considering the application dated 24.07.2025 at ANNEXURE -P;

ii) Direct the Respondent No. 2 to consider and dispose of the Petitioner's application bearing No. E-1792702 dated 04.07.2025 and application bearing No. E-1962727 dated 12.09.2025 for issuance of a fresh and rectified Order of Attachment at ANNEXURE-M & Q, in compliance with the order dated 17.04.2025 passed by this Hon'ble Court in W.P. No.10413/2025 ﻩt Annexure-L iii) Appoint a court Commissioner or direct the jurisdictional survey authority to identify and specify the properties to be attached to prevent further technical objections as raised earlier.

iv) pass such other order or direction as this Hon'ble Court may deem fit in the interest of justice and equity."

2. The grievance of the petitioner is that the Recovery Certificate issued by the Karnataka Real Estate Regulatory Authority (KRERA) under Section 40 (1)

of the Karnataka Real Estate (Regulation and Development) Act, 2016 (hereinafter referred to as 'RERA' for short), has not been implemented by respondent Nos.1 to 3 and the amounts not recovered as arrears of land revenue.

3. This Court, in several matters has held that, whenever a Recovery Certificate is issued under Section 40 of the RERA, it is required for the jurisdictional Deputy Commissioner and/or the Tahsildar to implement the said order and recover the money by way of arre