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2026 Supreme(Online)(Kar) 9588
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF MARCH, 2026
BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
WRIT PETITION NO. 3788 OF 2026 (GM-RES)
BETWEEN:
M S/R O V V V .R E A N J U A G M O O P H A A L N R R E E D D D D Y Y AGED ABOUT 42 YRS, R PU ES R I V D A I N S G EA A S T O F N L S A T NO.B205, NAGAVARAPALYA C BA .V N .R G A A M LO A R N E N - A 5 G 6 A 0 R0 9 3 …PETITIONER
(BY SRI. KADIRA RAMI REDDY., ADVOCATE)
AND:
DCHigAitIaTllHy RsAig nAed by 1. THE STATE OF KARNATAKA LCK o AOc RUa N tRi A oTn T O: A FH K I A GH B M Y A G TH IS E T D RA E T PU E T Y COMMISSIONER AND DISTRICT BANGALORE URBAN CITY DISTRICT K.G.ROAD, BEHIND KANDAYA BHAVAN BENGALURU 560009
2. THE SPECIAL TAHSILDAR BANGALORE NORTH TALUK BEHIND KANDAYA BHAVAN BENGALURU - 560009
3. KARNATAKA REAL ESTATE REGULATORY AUTHORITY THROUGH ITS CHAIRMAN 2ND FLOOR, SILVER JUBILEE BLOCK MISSION ROAD BENGALURU - 560027
4. M/S MAXWORTH REALTY INDIA LTD THROUGH ITS CHAIRMAN, MR.KESAVA NO 12/2, KMP HOUSE RAILWAY PARALLEL ROAD NEAR SHIVANANDA CIRCLE, MADHAVANAGAR BANGALORE 560001 …RESPONDENTS
(BY SRI. ADITYA DIWAKARA, AGA FOR R1 & R2 SRI. GOWTHAM DEV C ULLAL, ADVOCATE FOR R3 V/O DATED 11.03.2026 NOTICE TO R4 IS D/W)
Sd/-
(SACHIN SHANKAR MAGADUM)
JUDGE
CA List No.: 2 Sl No.: 12
THIS WRIT PETITION FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-DIRECT THE R1 AND 2 TO EXECUTE THE REVENUE RECOVERY CERTIFICATE DATED 30.09.2024 BEARING NO. RERA/REVENUE.1245/2024-25/2884 VIDE ANNX-C ISSUED BY THE KARNATAKA REAL ESTATE REGULATORY AUTHORITY IN PURSUANT TO ITS JUDGEMENT IN CMP/01245/2023 AT ANNX-A IN A TIME BOUND MANNER.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
ORAL ORDER
The captioned writ petition is filed seeking the following reliefs:-
"(i.) Issue a writ of mandamus directing the respondent.1 and 2 to execute the Revenue Recovery Certificate dated 30-9-2024 bearing No/RERA/Revenue/1245/2024-25/2884 vide Annexure-C issued by the Karnataka Real Estate Regulatory Authority in pursuant to its judgment in CMP/01245 at Annexure-A in a time bound manner.
(ii) Pass such other orders as this Hon'ble Court may deem fit in the interest of justice and equity."
2. The learned counsel for the petitioner reiterating the grounds has placed reliance on the order of the Co-ordinate Bench passed in W.P.No.10337/2025, which substantially addresses the core issue raised in the captioned writ petition.
3. Heard learned counsel for the petitioner and learned AGA. Perused the records.
4. The grievance of the petitioner is that the Recovery Certificate, which has been issued by the RERA under Section 40(1)(2) of the Real Estate Regulation and Development Act, 2016 (for short ‘ the Act') and Rule 25 of the Karnataka Real Estate (Regulation and Development) Rules, 2017 ('the K-RERA' for short), has not been enforced by respondent No.1. It is in this backdrop, the petitioner is compelled to knock the doors of the Writ Court seeking aforesaid reliefs.
5. This Court in an identical case has consistently taken a view that when a Recovery Certificate is issued by the RERA under Section 40 of 'the Act' and Rule 25 of 'the K-RERA', respondent No.1 is obligated to take further appropriate steps to recover the amounts mentioned in the Recovery Certificate as arrears of land revenue.
6. Since it is not in dispute that Special Deputy Commissioner is now appointed to act on all the Recovery Certificates issued by the RERA, the petitioner by furnishing the Recovery Certificate has demonstrated his legal right to seek directions at the hands of this Court. Equally, respondent No.1, being a designated Authority, is obligated to enforce the Recovery Certificate obtained by the petitioner.
7. Accordingly, this Court proceeds to pass the following:
ORDER
(i) The writ petition is allowed.
(ii) A mandamus is issued directing respondent Nos.1 and 2 to execute the Recovery Certificate at Annexure-C and recover the amount within a period of eight weeks from the date of receipt of a copy of this order.
(iii) The petitioner is at liberty to furnish a list of movable and immovable properties to the Special Deputy Commissioner along with supporting documents.
