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2026 Supreme(Online)(Kar) 10011
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF MARCH, 2026
BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
WRIT PETITION NO. 29364 OF 2025 (GM-RES)
BETWEEN:
1. S S / R O I N K A R V IS E H E N N A K M AGED ABOUT 41 YEARS
R R/ A A N T I N N O IV .1 A 0 S3 , 1ST CROSS ROAD, 4TH MAIN, ANUGRAHA LAYOUT B B I E L N E G A A K L H U A R L U LI - 560016 …PETITIONER
(BY SMT. SHWETA M. HIREMATH, ADVOCATE FOR SRI. GANESH NAG BV., ADVOCATE)
AND:
1. B D E E N PU G T A Y L U C R O U M D M I I S S T S R IO IC N T E R KARNATAKA BENGALURU-560009
2. THE SPECIAL THASILDAR ANKAL TALUK BENGALURU DISTRICT-562106
3. THE DEPUTY THASILDAR JIGANI HOBLI, ANEKAL TALUK BENGALURU-562106
4. M/S ALLAM INFINITE INDIA PRIVATE LIMITED REPRESENTED BY ITS DIRECTORS MR. IRFAN AABEDKHAN AND MR. DUGGI VENKATA SRINIVAS RAO REGISTERED OFFICE AT NO.44/1, AZEEM PEARL DICKENSON ORAD, YELLAPA CHETTY LAYOUT BENGALURU-560042 REGISTERED UNDER COMPANIES ACT, 2013
5. M/S GM INFINITE DWELLING (INDIA) PRIVATE LIMITED REPRESENTED BY ITS DIRECTORS MR. JAWID HUSSAIN AND MR. GULAM MUSTAFA REGISTERED OFFICE AT NO.6 GM PEARL, 1ST STAGE, 1ST PHASE, BTM LAYOUT BENGALURU-560068 REGISTERED UNDER COMPANIES ACT, 2013 …RESPONDENTS
(BY SRI. ADITYA DIWAKARA, AGA FOR R1 TO R3)
Sd/-
(SACHIN SHANKAR MAGADUM)
JUDGE
NBM List No.: 1 Sl No.: 3
D by ig N it A al G ly A s R i A gn JA ed
B M L H O o F I c G a H ti o C n O : UR T 1.
THIS WRIT PETITION FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO I) 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/00207/2024- 25/3085 DATED 03.02.2025 ISSUED BY THE KARNATAKA REAL ESTATE REGULATORY AUTHORITY (KRERA) AT ANNEXURE -D AND EXECUTION ORDER DATED 23.01.2025 AT ANNEXURE C, BY TAKING ALL NECESSARY AND LAWFUL STEPS FOR RECOVERY OF THE AMOUNT OF RS. 52,75,545/- 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 09.09.2025 AT ANNEXURE -J. II) DIRECT THE RESPONDENT NO. 2 TO CONSIDER AND DISPOSE OF THE PETITIONERS APPLICATION BEARING NO. E-1792590 DATED 04.07.2025 AT ANNEXURE-F AND APPLICATION BEARING NO. E-1962536 DATED 09.09.2025 FOR ISSUANCE OF A FRESH AND RECTIFIED ORDER OF ATTACHMENT AT ANNEXURE -J AND ETC;
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 for the following reliefs:-
"i. 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/00207/2024-25/3085 dated 03.02.2025 issued by the Karnataka Real Estate Regulatory Authority (KRERA) at Annexure-E and Execution Order dated 23.01.2025 at Annexure-C, by taking all necessary and lawful steps for recovery of the amount of Rs.52,75,545/- 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 09.09.2025 at Annexure-J.
ii. Direct the Respondent No.2 to consider and dispose of the Petitioner's application bearing No.E-1792590 dated 04.07.2025 at Annexure-F and application bearing No.E-1962536 dated 09.09.2025 for issuance of a fresh and rectified order of Attachment at Annexure-J.
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."
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.29462/2025, which substantially addresses the core issue raised in the captioned writ petition.
Heard learned counsel for the petitioner and learned AGA. Perused the records.
The grievance of the petitioner is that the Recovery Certificate, which has been issued by the RERA under Section 40(1) 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.
This Court in an identical case has consistently taken view that when a Recovery Certificate is issued by the RERA under Section 40(1) 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.
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 obl
