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2026 Supreme(Online)(Kar) 12352

THE HIGH COURT OF KARNATAKA
M.G.S. KAMAL
MR G VIJAYA KUMAR – Appellant
Versus
THE DEPUTY COMMISSIONER – Respondent
WP 4429/2021



IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL WRIT PETITION NO. 4429 OF 2021 (GM-RES)

BETWEEN:

1. MR. G. VIJAYA KUMAR AGED ABOUT 42 YEARS, S/O G PAPANNA R/AT FLAT 001, A BLOCK, GARADI APARTMENTS BASAVANAGUDI BENGALURU - 560 004. 2. M/S SAI PAINTERS PROPRIETORSHIP FIRM HAVING ITS OFFICE AT 1/4-A OFF BEGUR VILLAGE HOBLI BENGALURU - 560 114 REP BY ITS PROPRIETOR Digitally signed by MR. VASANTH HANGE SHARADAVANI B S/O MR VITTHAL RAO Location: High Court of AGED ABOUT 49 YEARS.

Karnataka

3. MR BHANU MURTHY VENKATA SATCHIDANANDA PANGANAMAMULA, S/O MR. VENKAT SURYA PRAKASA RAO PANGANAMAMULA AGED ABOUT 56 YEARS, R/AT C/O PVL PADMAVATHI HNO. 6-3-347/22/B, F-302

3RD FLOOR, JHANSI RESIDENCY PUNJAGUTTA ERRAMANZIL HYDERABAD, TELANGANA - 500 082.

4. MS. MARTHALA RADHA D/O MR. RAMASUBBA REDDY MEKALA AGED ABOUT 30 YEARS, R/AT 8-3/671/1/1 PLOT NO. 401, JAYAPRAKASH NAGAR, YELLAREDDY GUDA, KHAIRATABAD, SRINAGAR COLONY, HYDERABAD - 500 073.

5. SRI. JAISHANKAR B C S/O MR. CHANNEGOWDA AGED ABOUT 41 YEARS, R/AT 89, 1ST CROSS, 1ST MAIN, HRUSHIKESHNAGAR HOSKERAHALLY, BSK 3RD STAGE BENGALURU - 560 085.

…PETITIONERS (BY SRI. VENKATESH R. BHAGAT, ADVOCATE)

AND:

1. THE DEPUTY COMMISSIONER BENGALURU SOUTH TALUK BENGALURU - 560 009.

2. THE SPECIAL TAHSILDAR BENGALURU SOUTH TALUK OFFICE OF THE SPECIAL TAHSILDAR KANDAYA BHAVANA GROUND FLOOR, K.G. ROAD BENGALURU - 560 009.

3. GOLDEN PANORAMA GOLDEN GATE PROPERTIES LTD., HAVING ITS REG OFFICE AT GOLDEN HOUSE NO.820

80 FEET ROAD, 8TH BLOCK, KORAMANAGALA BANGALORE - 560 095 REP BY ITS MANAGING DIRECTOR. 4. THE KARNATAKA REAL ESTATE REGULATORY AUTHORITY, NO.1/14, SECOND FLOOR SILVER JUBLI BLOCK, UNITY BUILDING, CSI COMPOUND

3RD CROSS, MISSION ROAD, BENGALURU - 560 027 REP. BY ITS REGISTRAR.

5. S. APARMEYA NAGRAJ SF-2, PRKRUTHI SUNRIDGE APARTMENT, 3RD MAIN, KATHRIGUPPE MAIN ROAD, SRINIVASNAGAR, BSK 3RD STAGE BENGALURU - 560 085.

…RESPONDENTS (BY SMT. B.P. RADHA, AGA FOR R1 AND R2;

R2 IS SERVED AND UNREPRESENTED;

SRI. RAJASHEKAR K, ADVOCATE FOR R4;

SRI. SANJAY KRISHNA V, ADVOCATE FOR C/R5)

THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS PERTAINING AS TO RECOVERY CERTIFIED AT ANX-A DTD.7.8.2019 AND CONSEQUENT PROCEEDINGS INITIATED BY THE SPECIAL TAHSILDAR ATTACHING THE ENTIRE PROPERTY INCLUDING PROPERTIES OF THE PETITIONERS AS PER ANNEXURE-A AND D AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL

ORAL ORDER

Petitioners who are the purchasers of certain flats developed by respondent No.3, are before this Court seeking following reliefs:

a.Call for records pertaining as to Recovery Certificate at Annexure-'A' dated 07.08.2019 at No.gÉÃgÁ:DqÀ½vÀ:1627/2019-20 and consequent proceedings initiated by the Special Tahasildar attaching the entire property including properties of the petitioners as per Annexure-'A' to 'D'

b.Issue writ of certiorari or any other writ, direction or order quashing recovery certificate issued by the 4th respondent to the entire schedule A property including the properties of the petitioners at schedule B property as per Annexure-A dated 07.08.2019 at No. gÉÃgÁ:DqÀ½vÀ:1627/2019-20 and consequent proceedings initiated by the Special Tahasildar attaching the entire property including properties of the petitioners, as per final attachment order dated 29.09.2020 at No.M.S.C.(Recovery)/CR/183/19-20 passed by the 2nd respondent at Annexure-'B' in pursuance to the direction contained in the covering letter address by the 4th respondent to the first respondent at Annexure-'C' putting entire Sy.No.42,measuring 1 acre 14 guntas, Sy.No.44, measuring 3 acres 36 guntas totally measuring 5 acres for sale and consequently threatening to sell the schedule A property in its entirety c. Issue writ of mandamus or any other writ, direction or order directing the 4th and 2nd respondent not to put enti

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