Full Judgment Text
- 1 -
NC: 2026:KHC:14736
WP No. 22837 of 2024
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 11 DAY OF MARCH, 2026
BEFORE
THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
WRIT PETITION NO. 22837 OF 2024 (GM-RES)
BETWEEN:
1. VINOD NAIR
AGE 48,
RESIDING AT, C-1003, 10TH FLOOR
PURVA SUNFLOWER,
MAGADI ROAD,
BENGALURU - 560023
(SENIOR CITIZEN BENEFIT NOT CLAIMED)
2. KASHMIRA PATKI NAIR
AGE 44,
RESIDING AT, C-1003, 10TH FLOOR
PURVA SUNFLOWER,
MAGADI ROAD,
BENGALURU - 560023
(SENIOR CITIZEN BENEFIT NOT CLAIMED)
…PETITIONERS
(BY SRI. REYNOLD D' SOUZA., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
THROUGH THE DEPUTY COMMISSIONER,
BENGALURU URBAN DISTRICT,
BENGALURU-560009
2. THE SPECIAL TAHASILDAR,
BANGALORE NORTH TALUK,
Digitally signed
by CHAITHRA A
Location: HIGH
COURT OF
KARNATAKA
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NC: 2026:KHC:14736
WP No. 22837 of 2024
HC-KAR
KANDHAYA BHAVAN,
KG ROAD,
BENGALURU 560009
3. OZONE URBANA INFRA DEVELOPERS PRIVATE
LIMITED,
A COMPANY INCORPORATED UNDER COMPANIES
ACT, 1956,
HAVING ITS REGISTERED OFFICE AT NO 38,
ULSOOR ROAD, BENGALURU-560042.
THROUGH ITS AUTHORIZED REPRESENTATIVE
MANAGING DIRECTOR VASUDEVAN
SATHYAMOORTHY.
…RESPONDENTS
(BY SMT. NAVYA SHEKHAR, AGA FOR R1 & R2
SMT. VANDANA P L, ADVOCATE FOR R3)
THIS WRIT PETITION FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO
DIRECTING R1 AND R2 TO ENFORCE PAYMENT OF AMOUNTS
DUE FROM RESPONDENT NO.3 BY IMPLEMENTING THE SAID
ORDERS IN ACCORDANCE WITH THE PROCEDURE FOR
RECOVERY PROVIDED UNDER THE PROVISIONS OF
KARNATAKA LAND REVENUE ACT, 1964 AND RULES
THEREUNDER READ ALONG WITH REAL ESTATE REGULATORY
AUTHORITY ACT, 2016 AND RULES THEREUNDER, FOR
ENFORCEMENT OF THE DIRECTIONS OF K-RERA UNDER
ANNEXURE C WHICH IS REVENUE RECOVERY CERTIFICATE
AND COMPLY WITH THE K-RERA ORDERS AT ANNEXURE A
WHICH IS K-RERA JUDGEMENTS I.E CMP/UR/221226/0010530.
THIS PETITION, COMING ON FOR FURTHER HEARING,
THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
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NC: 2026:KHC:14736
WP No. 22837 of 2024
HC-KAR
ORAL ORDER
The captioned writ petition is filed seeking the
following reliefs:-
"A. Issue an appropriate writ, order or direction
in the nature of writ of mandamus or any
other writ, directing Respondents No.1 and
Respondent No.2 to enforce payment of
amounts due from Respondent No.3 by
implementing the said orders in accordance
with the procedure for recovery provided
under the provisions of Karnataka Land
Revenue Act, 1964 and rules thereunder
read along with Real Estate Regulatory
Authority Act, 2016 and Rules thereunder,
for enforcement of the direction of the K-
RERA under Annexure-C which is revenue
recovery certificate and comply with the K-
RERA orders at Annexure-A which is K-RERA
Judgments i.e., CMP/UR/221226/0010530.
B. Grant/Pass/Issue such other and further
orders/directions/relief as this Hon'ble Court
deems fit under the facts and circumstances
of the case, in the interest of justice and
equity.
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NC: 2026:KHC:14736
WP No. 22837 of 2024
HC-KAR
2. The learned counsel for the petitioners 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 petitioners and
learned AGA. Perused the records.
4. The grievance of the petitioners 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 petitioners are 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
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NC: 2026:KHC:14736
WP No. 22837 of 2024
HC-KAR
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 petitioners by
furnishing the Recovery Certificate have demonstrated
their 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 petitioners.
7. Accordingly, this Court proceeds to pass the
following:
ORDER
allowed
(i) The writ petition is .
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NC: 2026:KHC:14736
WP No. 22837 of 2024
HC-KAR
(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 petitioners are at liberty to
furnish a list of movable and
immovable properties to the
Special Deputy Commissioner
along with supporting documents.
Sd/-
(SACHIN SHANKAR MAGADUM)
JUDGE
CA
List No.: 2 Sl No.: 4
NC: 2026:KHC:14736
WP No. 22837 of 2024
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 11 DAY OF MARCH, 2026
BEFORE
THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
WRIT PETITION NO. 22837 OF 2024 (GM-RES)
BETWEEN:
1. VINOD NAIR
AGE 48,
RESIDING AT, C-1003, 10TH FLOOR
PURVA SUNFLOWER,
MAGADI ROAD,
BENGALURU - 560023
(SENIOR CITIZEN BENEFIT NOT CLAIMED)
2. KASHMIRA PATKI NAIR
AGE 44,
RESIDING AT, C-1003, 10TH FLOOR
PURVA SUNFLOWER,
MAGADI ROAD,
BENGALURU - 560023
(SENIOR CITIZEN BENEFIT NOT CLAIMED)
…PETITIONERS
(BY SRI. REYNOLD D' SOUZA., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
THROUGH THE DEPUTY COMMISSIONER,
BENGALURU URBAN DISTRICT,
BENGALURU-560009
2. THE SPECIAL TAHASILDAR,
BANGALORE NORTH TALUK,
Digitally signed
by CHAITHRA A
Location: HIGH
COURT OF
KARNATAKA
- 2 -
NC: 2026:KHC:14736
WP No. 22837 of 2024
HC-KAR
KANDHAYA BHAVAN,
KG ROAD,
BENGALURU 560009
3. OZONE URBANA INFRA DEVELOPERS PRIVATE
LIMITED,
A COMPANY INCORPORATED UNDER COMPANIES
ACT, 1956,
HAVING ITS REGISTERED OFFICE AT NO 38,
ULSOOR ROAD, BENGALURU-560042.
THROUGH ITS AUTHORIZED REPRESENTATIVE
MANAGING DIRECTOR VASUDEVAN
SATHYAMOORTHY.
…RESPONDENTS
(BY SMT. NAVYA SHEKHAR, AGA FOR R1 & R2
SMT. VANDANA P L, ADVOCATE FOR R3)
THIS WRIT PETITION FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO
DIRECTING R1 AND R2 TO ENFORCE PAYMENT OF AMOUNTS
DUE FROM RESPONDENT NO.3 BY IMPLEMENTING THE SAID
ORDERS IN ACCORDANCE WITH THE PROCEDURE FOR
RECOVERY PROVIDED UNDER THE PROVISIONS OF
KARNATAKA LAND REVENUE ACT, 1964 AND RULES
THEREUNDER READ ALONG WITH REAL ESTATE REGULATORY
AUTHORITY ACT, 2016 AND RULES THEREUNDER, FOR
ENFORCEMENT OF THE DIRECTIONS OF K-RERA UNDER
ANNEXURE C WHICH IS REVENUE RECOVERY CERTIFICATE
AND COMPLY WITH THE K-RERA ORDERS AT ANNEXURE A
WHICH IS K-RERA JUDGEMENTS I.E CMP/UR/221226/0010530.
THIS PETITION, COMING ON FOR FURTHER HEARING,
THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
- 3 -
NC: 2026:KHC:14736
WP No. 22837 of 2024
HC-KAR
ORAL ORDER
The captioned writ petition is filed seeking the
following reliefs:-
"A. Issue an appropriate writ, order or direction
in the nature of writ of mandamus or any
other writ, directing Respondents No.1 and
Respondent No.2 to enforce payment of
amounts due from Respondent No.3 by
implementing the said orders in accordance
with the procedure for recovery provided
under the provisions of Karnataka Land
Revenue Act, 1964 and rules thereunder
read along with Real Estate Regulatory
Authority Act, 2016 and Rules thereunder,
for enforcement of the direction of the K-
RERA under Annexure-C which is revenue
recovery certificate and comply with the K-
RERA orders at Annexure-A which is K-RERA
Judgments i.e., CMP/UR/221226/0010530.
B. Grant/Pass/Issue such other and further
orders/directions/relief as this Hon'ble Court
deems fit under the facts and circumstances
of the case, in the interest of justice and
equity.
- 4 -
NC: 2026:KHC:14736
WP No. 22837 of 2024
HC-KAR
2. The learned counsel for the petitioners 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 petitioners and
learned AGA. Perused the records.
4. The grievance of the petitioners 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 petitioners are 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
- 5 -
NC: 2026:KHC:14736
WP No. 22837 of 2024
HC-KAR
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 petitioners by
furnishing the Recovery Certificate have demonstrated
their 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 petitioners.
7. Accordingly, this Court proceeds to pass the
following:
ORDER
allowed
(i) The writ petition is .
- 6 -
NC: 2026:KHC:14736
WP No. 22837 of 2024
HC-KAR
(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 petitioners are at liberty to
furnish a list of movable and
immovable properties to the
Special Deputy Commissioner
along with supporting documents.
Sd/-
(SACHIN SHANKAR MAGADUM)
JUDGE
CA
List No.: 2 Sl No.: 4