Karnataka High Court
Anurag Bahadur vs The Deputy Commissioner on 11 March, 2026
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WP No. 7843 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. 7843 OF 2026 (GM-RES)
BETWEEN:
1. ANURAG BAHADUR
APARTMENT NO. 20061,
PRESTIGE SHANTINIKETAN,
WHITEFIELD ROAD,
MAHADEVAPURA,
BENGALURU 560048
AGED 51 YEARS
2. NEHA BAHADUR
APT 20061,
PRESTIGE SHANTINIKETAN,
WHITEFIELD ROAD,
MAHADEVAPURA
Digitally signed by
BENGALURU-560048
CHAITHRA A AGED 46 YEAR'S
Location: HIGH
COURT OF ...PETITIONERS
KARNATAKA
(BY SRI. KARAN GUPTA., ADVOCATE)
AND:
1. THE DEPUTY COMMISSIONER
BENGALURU URBAN DISTRICT
REVENUE BHAVAN,
K.G. ROAD,
BENGALURU 560009
2. SPECIAL DEPUTY COMMISSIONER,
FOR ENFORCEMENT OF RECOVERY CERTIFICATES
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WP No. 7843 of 2026
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ISSUED UNDER THE RERA ACT 2016,
BENGALURU URBAN DISTRICT
REVENUE BHAVAN,
K.G. ROAD,
BENGALURU 560009
3. TAHSILDAR / SPECIAL TAHSILDAR,
BENGALURU EAST TALUK
TALUK OFFICE,
KR PURAM (BG-36),
KRISHNARAJAPURAM
BANGALORE
KARNATAKA,
INDIA 560036
4. THE DEPUTY TAHSILDAR,
KR PURAM HOBLI,
NADAKACHERI,
HORAMAVU-BANGALORE EAST TALUK,
BENGALURU-560016,
KARNATAKA
5. OZONE ELEGANT DEVELOPERS LLP,
NO. 51/7-1, RATHNA AVENUE,
OFF RICHMOND ROAD,
CIVIL STATION,
BANGALORE 560025
REPRESENTED BY ITS AUTHORIZED SIGNATORY
(FORMAL PARTY)
6. OZONE REALTORS PRIVATE LIMITED,
NO. 35/1, 2ND FLOOR,
YELLAPPA CHETTY LAYOUT,
CIVIL STATION, ULSOOR ROAD,
BANGALORE - 560042
REPRESENTED BY ITS AUTHORIZED SIGNATORY
(FORMAL PARTY)
7. GEARS AND PINIONS PRIVATE LIMITED,
NO. 494 (OLD NO. 492), MAHADEVPURA,
BANGALORE 560048
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REPRESENTED BY ITS AUTHORIZED SIGNATORY
(FORMAL PARTY)
8. UNIVERSAL CARBURISING WORKS PRIVATE
LIMITED,
NO. 61, WHITEFIELD ROAD,
MAHADEVPURA POST,
BANGALORE 560048
REPRESENTED BY ITS AUTHORIZED SIGNATORY
(FORMAL PARTY)
9. SHANKAR,
MAJOR
MANJUNATHA NILAYA,
KACHARKANNAHALLY,
ST. THOMAS TOWN,
BANGALORE - 560084
(FORMAL PARTY)
10. ELEGANT PROPERTIES,
NO. 1, ELEGANT DESIRE,
COLES ROAD, FRAZER TOWN,
BANGALORE 560005
(FORMAL PARTY)
REPRESENTED BY ITS AUTHORISED SIGNATORY
11. OZONE INFRA DEVELOPERS PRIVATE LIMITED,
NO. 38, ULSOOR ROAD,
BANGALORE 560042
(FORMAL PARTY)
REPRESENTED BY ITS AUTHORISED SIGNATORY
12. SRINI GOPALAN,
MAJOR
NO. 38, ULSOOR ROAD,
BANGALORE 560042
(FORMAL PARTY)
13. VASUDEVAN SATHYAMOORTHY
MAJOR, NO. 38,
ULSOOR ROAD,
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BANGALORE 560042
(FORMAL PARTY)
14. BAASKARAN DEEKSHADHAR
MAJOR, NO. 38, ULSOOR ROAD,
BANGALORE 560042
(FORMAL PARTY)
15. CYRIAC JOSEPH
MAJOR, NO. 38, ULSOOR ROAD,
BANGALORE -560042
(FORMAL PARTY)
16. GRETTA BARETO
MAJOR, NO. 38, ULSOOR ROAD,
BANGALORE 560042
(FORMAL PARTY)
17. KRISHNAN NARAYANAN
MAJOR, NO. 38, ULSOOR ROAD,
BANGALORE 560042
(FORMAL PARTY)
18. REKHA C
MAJOR, NO. 38, ULSOOR ROAD,
BANGALORE 560042
(FORMAL PARTY)
...RESPONDENTS
(BY SMT. NAVYA SHEKHAR, AGA FOR R1 TO R4
V/O DATED 11.03.2026 NOTICE TO R5 TO R18 ARE
DISPENSED WITH)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
A. ISSUE A WRIT OF MANDAMUS DIRECTING RESPONDENTS
NOS. 1, 2, 3, AND 4 TO EXECUTE THE RECOVERY CERTIFICATE
DATED 13.02.2025 PRODUCED AS ANNEXURE-C, WITHIN A
PERIOD OF EIGHT WEEKS. B. AND PASS ANY OTHER ORDER
AND ISSUE ANY OTHER WRIT OR DIRECTION THAT THIS
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HON'BLE COURT DEEMS FIT, IN THE INTEREST OF JUSTICE
AND EQUALITY.
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. Issue a Writ of Mandamus directing respondent Nos.1, 2, 3 and 4 to executed the Recovery Certificate dated 13.02.2025 (produced as Annexure 'C') within a period of eight weeks;
b. And pass any other order and issue any other writ or direction that this Hon'ble Court deems fit, in the interest of justice and equality."
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 -6- NC: 2026:KHC:14598 WP No. 7843 of 2026 HC-KAR 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 Nos.1 to 3. 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 Nos.1 to 4 are obligated to take further appropriate steps to recover the amounts -7- NC: 2026:KHC:14598 WP No. 7843 of 2026 HC-KAR 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 has demonstrated their legal right to seek directions at the hands of this Court. Equally, respondent No.2, 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 to 4 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.
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(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.: 43