Karnataka High Court
Sri. Vittal Dokre vs State Of Karnataka on 11 March, 2026
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NC: 2026:KHC:14600
WP No. 7844 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF MARCH, 2026
BEFORE
THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
WRIT PETITION NO. 7844 OF 2026 (GM-RES)
BETWEEN:
1. SRI. VITTAL DOKRE
S/O SHESHARAO
AGED ABOUT 40 YEARS
RESIDING AT FLAT A-302
BLDG NO. 18, GULSHAN CHS LTD
GOKULDHAM, GOREGAON (E)
MUMBAI SUBURBAN,
MAHARASHTRA- 4000 063
2. SMT. VARSHA DOKRE
W/O VITTAL DOKRE
AGED ABOUT 38 YEARS
RESIDING AT FLAT A-302
BLDG NO. 18, GULSHAN CHS LTD
GOKULDHAM, GOREGAON (E)
Digitally signed by MUMBAI SUBURBAN
CHAITHRA A MAHARASHTRA- 4000 063
Location: HIGH
COURT OF
KARNATAKA
...PETITIONERS
(BY SRI. SOFIYA, ADVOCATE)
AND:
1. STATE OF KARNATAKA
REPRESENTED BY
DEPUTY COMMISSIONER
DC OFFICE, KG ROAD
AMBEDKAR VEEDHI
BANGALORE - 560 009.
BENGALURU URBAN DISTRICT
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NC: 2026:KHC:14600
WP No. 7844 of 2026
HC-KAR
2. THE TAHSILDAR
ANEKAL TALUK, THALI RD
VINAYAKA NAGAR, ANEKAL
KARNATAKA-562 106.
3. M/S SANCHAYA LAND AND
ESTATE PVT LTD.
NO.479, HMT LAYOUT, RT NAGAR
NEAR RT NAGAR BUS DEPOT
BENGALURU - 560 032.
...RESPONDENTS
(BY SRI. ADITYA DIWAKARA, AGA FOR R1 AND R2;
V/O/D 11.03.2026 NOTICE TO R3 - DISPENSED WITH)
THIS WP IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R1 TO
IMPLEMENT THE ORDER OF EXECUTION DATED 20/06/2025
PASSED BY THE KARNATAKA REAL ESTATE REGULATORY
AUTHORITY IN COMPLAINT NO. CMP/210306/0007754, IN A
TIME BOUND MANNER (ANNEXURE-A) AND ETC.
THIS PETITION, COMING ON FOR PELIMINARY 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. Directing the 1st Respondent to implement the order of execution dated 20.06.2025 passed by the Karnataka Real Estate Regulatory Authority in Complaint -3- NC: 2026:KHC:14600 WP No. 7844 of 2026 HC-KAR No.CMP/210306/0007754, in a time bound manner (Annexure-A); ii. Directing the 1st Respondent to recover the dues from the 3rd Respondent as per the Recovery Certificate dated 17.07.2025 bearing No.RERA/Kandaya/ 7754/2025-26 issued by the Hon'ble Karnataka Real Estate Regulatory Authority in Complaint No.CMP/210306 /0007754, in favour of the petitioners in a time bound manner (Annexure-B); iii. Award cost of the Petition; iv. Grant such other and further reliefs as this Hon'ble Court deems fit and proper in the circumstances of the case in the interest of justice and equity."
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.
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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 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 appropriate steps to recover the amounts mentioned in the Recovery Certificate as arrears of land revenue. -5-
NC: 2026:KHC:14600 WP No. 7844 of 2026 HC-KAR
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 has 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. Therefore, this Court proceeds to pass the following;
ORDER
(i) The writ petition is allowed.
(ii) A mandamus is issued directing respondent Nos.1 and 2 and the Special Deputy Commissioner now appointed to execute the Recovery Certificate at Annexure-B and recover the amount within a period of eight weeks from the date of receipt of a copy of this order.
-6- NC: 2026:KHC:14600 WP No. 7844 of 2026 HC-KAR (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 NBM List No.: 1 Sl No.: 44