Karnataka High Court
Mr B R Vasuki vs The State Of Karnataka on 8 December, 2025
Author: Suraj Govindaraj
Bench: Suraj Govindaraj
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NC: 2025:KHC:51708
WP No. 36767 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF DECEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
WRIT PETITION NO. 36767 OF 2025 (GM-RES)
BETWEEN:
1. MR. B.R. VASUKI
S/O. B. N. RANGANATHAN
AGED ABOUT 69 YEARS,
R/A. C-601, BRIGADE REGENCY,
8TH MAIN ROAD, MALLESHWARAM,
BENGALURU - 560 055.
2. MRS. B. R. VASUDHA,
W/O. B.R. VASUKI,
AGED ABOUT 64 YEARS,
R/A. C-601, BRIGADE REGENCY,
8TH MAIN ROAD, MALLESHWARAM,
BENGALURU - 560 055.
Digitally signed ...PETITIONERS
by SHWETHA
RAGHAVENDRA (BY SMT. DEEPIKA JOSHI, ADVOCATE FOR
Location: HIGH SRI. SANDEEP LAHIRI, ADVOCATE)
COURT OF
KARNATAKA
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY THE SECRETARY
HOUSING DEPARTMENT,
ROOM NO.211, 2ND FLOOR,
VIKAS SOUDHA, BANGALORE - 560 001.
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NC: 2025:KHC:51708
WP No. 36767 of 2025
HC-KAR
2. THE KARNATAKA REAL ESTATE
REGULATORY AUTHORITY,
REPRESENTED BY ITS SECRETARY,
2ND FLOOR, SILVER JUBILEE BLOCK,
UNITY BUILDING CSI COMPOUND,
3RD CROSS, MISSION ROAD,
BANGALORE - 560 027.
3. THE DEPUTY COMMISSIONER,
BANGALORE URBAN DISTRICT,
K.G. ROAD, BANGALORE - 560 009.
4. OZONE URBANA INFRA DEVELOPERS PVT. LTD.
A PUBLIC LIMITED COMPANY INCORPORATED
UNDER THE COMPANIES ACT, 2013,
NO.38, ULSOOR ROAD,
BANGALORE - 560 042,
REPRESENTED BY MANAGING DIRECTOR.
...RESPONDENTS
(BY SRI. SIDDARTH BABURAO, AGA FOR R1 TO R3;
VIDE ORDER DATED 08.12.2025, NOTICE TO R4
DISPENSED WITH)
***
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
DIRECT THE RESPONDENT NO.3 TO EXECUTE THE ORDER
DATED 02.11.2022 PASSED BY THE RESPONDENT NO.2
CMP/220516/0009460 IN ACCORDANCE WITH THE DIRECTION
OF THE RESPONDENT NO.2 DATED 22.04.2024 BEARING
REFERENCE NO.RERA/ KANDAYA/ 9460/ 2023-24/ 2592
(ANNEXURE-A), ETC.,
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WP No. 36767 of 2025
HC-KAR
THIS WRIT PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
ORAL ORDER
1. Learned Additional Government Advocate accepts notice for respondent Nos.1 to 3. Notice to respondent No.4 is dispensed with since respondent No.4 is not required to be heard in these proceedings.
2. Petitioners are before this Court seeking for the following reliefs:
"1. Issue writ, order or direction in the nature of Mandamus or any other appropriate writ directing the Respondent No.3 to execute the order dated 02.11.2022 passed by the Respondent No.2 In CMP/220516/0009460 in accordance with the Direction of the Respondent No.2 dated 22.04.2024 bearing No.RERA/Kandaya/9460/2023-24/2592 (Annexure A);
ii. Issue of writ, order or direction in the nature of Mandamus or any other appropriate writ directing the Respondent No.3 to execute the order dated 02.11.2022 passed by the Respondent No.2 in -4- NC: 2025:KHC:51708 WP No. 36767 of 2025 HC-KAR CMP/220516/0009465 in accordance with the Direction of the Respondent No.2 dated 22.04.2024 bearing reference No.RERA / Kandaya /9465/ 2023-24/ 2593 (Annexure B);
iii. Issue of writ, order or direction in the nature of Mandamus or any other appropriate writ directing the Respondent No.3 to execute the order dated 02.11.2022 passed by the Respondent No.2 in CMP/ 220156/ 0009466 in accordance with the Direction of the Respondent No.2 dated 22.04.2024 bearing reference No. RERA/Kandaya/9466/2023-24/2589 (Annexure C);
iv. Issue of writ, order or direction in the nature of Mandamus or any other appropriate writ directing the Respondent No.4 to comply the orders dated 02.11.2022 passed by the Respondent No.2 in CMP/220516/0009460, CMP/220156/0009466; CMP/220516/0009465 and v. Issue such other order, writ, direction that this Hon'ble Court deems fit under the facts and circumstances of the case, in the interest of justice and equity."
3. The grievance of the petitioners is that the Recovery Certificate issued by the respondent No.2/RERA, under Section 40(1) of the Karnataka Real Estate -5- NC: 2025:KHC:51708 WP No. 36767 of 2025 HC-KAR (Regulation and Development) Act, 2016 (hereinafter referred to as 'RERA' for short), has not been implemented by respondent No.3 and the amounts not recovered as arrears of land revenue.
4. This Court, in several matters has held that, whenever a Recovery Certificate is issued under Section 40 of the RERA, it is required for the jurisdictional Deputy Commissioner and/or the Tahsildar to implement the said order and recover the money by way of arrears of land revenue, within a reasonable period of time.
5. According to the petitioners, no action has been taken in spite of the said order.
6. As such, I pass the following:
ORDER
(i) Writ Petition is allowed;-6-
NC: 2025:KHC:51708 WP No. 36767 of 2025 HC-KAR
(ii) A Mandamus is issued to the respondent No.3 to immediately comply with the orders passed under Section 40 (1) of the RERA at Annexures A, B and C and recover the amounts mentioned therein as arrears of land revenue, within a period of eight weeks from today.
(iii) The petitioners are permitted to furnish a list of movable and immovable properties owned by respondent No.4, to respondent No.3, along with supporting documents, which shall be acted upon by respondent No.3.
SD/-
(SURAJ GOVINDARAJ) JUDGE BMV* List No.: 1 Sl No.: 23