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NC: 2026:KHC:22994

WP No. 29109 of 2025

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 24^TH DAY OF APRIL, 2026

BEFORE

THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM

WRIT PETITION NO. 29109 OF 2025 (GM-RES)

BETWEEN:

1. BALA KUMAR S

S/O K SAINATH BABU

AGED ABOUT 42 YEARS

2. JAYSRI B

W/O BALAKUMAR S

AGE ABOUT 37 YEARS

BOTH RESIDING AT

A-202, BHAVYA SERENE APARTMENT

NO.4111, NORBERT CHURCH ROAD

KASAVANAHALI,

BENGALURU - 560 035.

…PETITIONERS

Digitally signed by

NAGARAJA B M

(BY SRI. ANANTHA KASHYAP H.K, ADVOCATE)

Location: HIGH

COURT OF

KARNATAKA

AND:

1. DEPUTY COMMISSIONER AND DISTRICT

MAGISTRATE

KEMPEGOWDA ROAD

BEHIND KANDAYA BHAVANA

BENGALURU URBAN DISTRICT

BENGALURU - 560 009.

2. FROTIER SHELTERS PVT. LTD.

NO.422, 80 FEET ROAD

6^TH BLOCK KORAMANGALA

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WP No. 29109 of 2025

HC-KAR

BENGALURU - 560 095.

…RESPONDENTS

(BY SRI. NAVYA SHEKAR, AGA FOR R1)

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF

THE CONSTITUTION OF INDIA PRAYING TO PASS ORDERS AND

ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENT

NO. 1 TO ACT UPON AND COMPLY WITH THE RECOVERY

CERTIFICATE DATED 05.04.2025 VIDE ANNEXURE-B AND

RECOVER THE DECRETAL AMOUNT FROM THE RESPONDENT /

DEVELOPER WITHIN A PERIOD OF ONE MONTH WITHOUT FAIL

FAILING WHICH ACTION BE INITIATED AGAINST THE

RESPONDENT NO.1 AND ETC.,

THIS PETITION, COMING ON FOR ORDERS, THIS DAY,

ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM

ORAL ORDER

Captioned petition is filed seeking following reliefs:

"(a) Pass orders and issue a writ of mandamus

directing the Respondent No. 1 to act upon and

comply with the recovery certificate dated

05.04.2025 vide Annexure B and recover the

decretal amount from the Respondent / Developer

within a period of one month without fail failing

which action be initiated against the Respondent

No.1.

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WP No. 29109 of 2025

HC-KAR

(b) pass any further order or orders which this

Hon'ble Court may deem fit and proper in the

interest of justice."

2. Petitioners, home buyers, entered into an

agreement of sale on 25.01.2021 in the project launched

by respondent No.2. Since respondent No. 2 failed to hand

over possession of the flat as agreed, petitioners lodged a

complaint with respondent No. 1/authority. Respondent

No. 1/authority allowed the complaint vide order dated

07.09.2023 directing respondent No. 2 to pay an amount

of Rs.53,08,918/- with interest at the rate of SBI MCLR +

2% from 1.7.2021 till handing over possession of the flat

bearing number 2121. Petitioner asserts that on

05.04.2025, the authority had issued the recovery

certificate. Despite furnishing recovery certificate,

petitioner alleges inaction on the part of respondent No.1

in not enforcing the recovery certificate.

3. The learned counsel for the petitioners reiterating

the grounds has placed reliance on the order of the Co-

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WP No. 29109 of 2025

HC-KAR

ordinate Bench passed in W.P.No.10337/2025, which

substantially addresses the core issue raised in the

captioned writ petition.

4. Heard the learned counsel for the petitioners and

learned AGA.

5. The grievance of the petitioners 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 petitioners are compelled to knock the doors

of the Writ Court seeking aforesaid reliefs.

6. 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

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WP No. 29109 of 2025

HC-KAR

appropriate steps to recover the amounts mentioned in the

Recovery Certificate as arrears of land revenue.

7. Since it is not in dispute that Special Deputy

Commissioner is now appoin

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