##PAGE1##

- 1 -

NC: 2026:KHC:16552 WP No. 5159 of 2025

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23^RD DAY OF MARCH, 2026

BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM

WRIT PETITION NO. 5159 OF 2025 (GM-RES)

BETWEEN:

ANUPKUMAR SHETTY ESTEEM PARK APARTMENTS,

DAISY 302, 3/6 ROSE GARDEN ROAD, JP NAGAR 5TH PHASE, BANGALORE-560 078.

…PETITIONER (BY SRI. ABHIJEET SHARMA, ADVOCATE)

AND:

1. STATE OF KARNATAKA BY THE DEPARTMENT OF HOUSING,

BY THE PRINCIPAL SECRETARY, THE GOVERNMENT (HUD),

Digitally signed by VIDHANA SOUDHA, NAGARAJA B M BANGALORE-560 001.

Location: HIGH COURT OF KARNATAKA

2. THE DEPUTY COMMISSIONER BANGALORE URBAN DISTRICT, KANDAYA BHAVAN, K.G. ROAD,

BANGALORE-560 009.

3. DISTRICT COLLECTOR BANGALORE URBAN DISTRICT, KANDAYA BHAVAN, K.G. ROAD,

BANGALORE-560 009.

4. THE SPECIAL THASHILDAR BANGALORE NORTH TALUK,

- 2 -

NC: 2026:KHC:16552 WP No. 5159 of 2025

HC-KAR

KANDAYA BHAVAN, GROUND FLOOR, K.G. ROAD,

BANGALORE-560 009.

5. OZONE REALTORS PRIVATE LIMITED (UNDER COMPANYS ACT, 1956)

NO.51/7-1, RATHNA AVENUE, OFF RICHMOND ROAD,

CIVIL STATION, BANGALORE-560 025.

6. SATHYA MOORTHY SAI PRASAD DIRECTOR, OZONE URBANA INFRA

DEVELOPERS PVT. LTD., NO. 38, ULSOOR ROAD,

BANGALORE-560 042.

7. VASUDEVAN SATHYAMOORTHY DIRECTOR, OZONE URBANA

INFRA DEVELOPERS PVT. LTD., NO. 38, ULSOOR ROAD,

BANGALORE-560 042.

8. THE KARNATAKA REAL ESTATE REGULATORY AUTHORITY, THROUGH IS CHAIRMAN,

SECOND FLOOR, SILVER JUBILEE BLOCK, UNITY BUILDINGS, MISSION ROAD,

BENGALURU-560 027.

…RESPONDENTS

(BY SMT.NAVYA SHEKAR, AGA FOR R1 TO R4;

SRI.GOUTHAMDEV C. ULLAL, ADVOCATE)

THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND

227 OF THE CONSTITUTION OF INDIA PRAYING TO A)ALLOW THE PRESENT PETITION. B) ISSUE A WRIT OF MANDAMUS DIRECTING RESPONDENT NO.2 TO 4 TO FORTHWITH TAKE ALL NECESSARY AND EFFECTIVE STEPS TO ENFORCE THE RERA ORDER DATED 25/03/2024 ANNEXURE-A INCLUDING BUT NOT LIMITED TO INITIATING RECOVERY PROCEEDINGS AGAINST

- 3 -

NC: 2026:KHC:16552 WP No. 5159 of 2025

HC-KAR

RESPONDENT NO.5, 6 AND 7 (BUILDER) UNDER SECTION 40 OF THE REAL ESTATE (REGULATION AND DEVELOPMENT) ACT, 2016, AND ENSURING THE REFUND OF THE DUE AMOUNT ALONG WITH APPLICABLE INTEREST TO THE PETITIONER

WITHOUT ANY FURTHER DELAY.

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:-

"a) Allow the present petition.

b) Issue a writ of Mandamus directing respondent Nos.2 to 4 to forthwith take all necessary and effective steps to enforce the RERA order dated 25.03.2024 vide Annexure-A including but not limited to initiating recovery proceedings against Respondent Nos.5, 6 & 7 (Builder) under Section 40 of the Real Estate (Regulation and Development) Act, 2016, and ensuring the refund of the due amount along with applicable interest to the petitioner without any

further delay;

c) Direct Respondent Nos.2 to 4 to implement the order passed by respondent No.8 dated 25.03.2024 and

03.07.2024 at Annexures-A and B.

d) Enforce payment of amounts due from Respondent Nos.5, 6 and 7 in accordance with the procedure for recovery provided under the provisions of the

- 4 -

NC: 2026:KHC:16552 WP No. 5159 of 2025

HC-KAR

Karnataka Land Revenue Act, 1964 and rules thereunder, for enforcement of the directions of Respondent No.8 - RERA Karnataka at Annexure-C dated 29.08.2024 bearing reference No.Rera/revenue/8845/2024-25/2828 and issued under Section 40(1) of Real Estate (Regulation and Development) Act, 2016 and Rule 25 of Real Estate (Regulation and Development) Rules, 2017, bearing

No. mentioned above.

e) Direct the Respondent Nos.5, 6 and 7 to furnish list of movable and immovable properties belonging to

respondent Nos.5, 6 and 7.

f) Direct the Respondent 2 to 4 to trace all the movable and immovable properties of Respondent 5, 6 & 7 and confiscate them to respondent No.8 as per the Karnataka Land Revenue Act and Rules, Auction process a