Mr. Vinod Nair, Vs the State of Karnataka

MR. VINOD NAIR S/O MR. SASHI NAIR AGED ABOUT 42 YEARS R/A FLAT 3-A. SUNDER RESIDENCY – IV NO. 592, 14TH CROSS, 5^TH MAIN DOLLARS COLONY, RMV 2ND STAGE BENGALURU URBAN - 560 094.

¶11

…PETITIONER

¶12

(BY SRI. SRIDHAR G., ADVOCATE)

¶13

AND:

¶14

Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA

¶15

THE STATE OF KARNATAKA REP. BY ITS SECRETARY DEPARTEMENT OF REVENUE 4TH FLOOR, VIKAS SOUDHA DR. AMBEDKAR VEEDHI BENGALURU - 560 001.

¶16

THE DEPUTY COMMISSIONER BENGALURU URBAN DISTRICT KANDAYA BHAVAN, K G ROAD BENGALURU - 560 009.

¶17

THE SPECIAL TAHSILDAR BENGALURU DISTRICT GROUND FLOOR, KANDAYA BHAVAN KG ROAD, BENGALURU - 560 009.

¶18

GM INFINITE DWELLING (INDIA) PVT LTD GM PEARL, NO.06, 1ST STAGE 1ST PHASE, BTM LAYOUT

¶19

2 -

¶20

NC: 2025:KHC:52857 WP No. 30423 of 2025

¶21

HC-KAR

¶22

RING ROAD, BENGALURU - 560 068 REP. BY ITS MANAGING DIRECTOR. REGISTERED UNDER COMPANY REGISTERED ACT 1956 (2013) ACT

¶23

…RESPONDENTS

¶24

(BY SRI.RAVINDRANATH B., AGA FOR R1 TO R3: NOTICE TO R4 IS DEFERRED)

¶25

THIS WRIT PETITION IS FILED UNDER ARTICLES PRAYING TO DIRECT THE RESPONDENT NO.1 TO 3 TO RECOVER THE SUM OF RS. 83,71,376/(RUPEES EIGHTY-THREE LAKHS SEVENTY-ONE THOUSAND THREE HUNDRED AND SEVENTY-SIX ONLY) FROM THE 4TH RESPONDENT ARISING OUT OF THE RECOVERY CERTIFICATE BEARING NO RERA/REVENUE/4801/2023-24/2689 DATED 24.06.2024 ISSUED BY THE RERA PRODUCED AS ANNEXURE–B AND ETC.

¶26

THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

¶27

CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ

¶28

ORAL ORDER

¶29

Notice issued to respondent No.4 is deferred for now.

¶30

The petitioner is before this Court seeking for the following reliefs:

¶31

i. Issue writ of mandamus or similar writ or order of direction to Respondent No.1 to 3 to recover the sum of Rs. 83,71,376/- (Rupees Eighty-three Lakhs Seventy-one Thousand Three Hundred and Seventy-six only) from the 4th Respondent arising out of the recovery RERA/Revenue/4801/2 certificate bearing No /4801/2023-24/2689 dated 24.06.2024 issued by the RERA produced as Annexure - B.

¶32

ii. Issue any other appropriate writ or order or direction deemed fit in circumstances of the case in the interest of justice and equity.

¶33

3 - NC: 2025:KHC:52857 WP No. 30423 of 2025

¶34

HC-KAR

¶35

The grievance of the Petitioner is that the recovery certificate issued by the Karnataka Real Estate Regulatory Authority (hereinafter referred to as ‘ RERA’ for short), under Section 40 of the Real Estate (Regulation and Development) Act, 2016 (hereinafter referred to as ‘ the RERA Act’ for short), has not been implemented by Respondents No.2 and 3. It is in that background that the Petitioner is before this Court seeking for the aforesaid reliefs.

¶36

Learned AGA submits that respondents No.2 and 3 have now been appointed to enforce any recovery certificate issued by RERA and necessary action would be taken by a Special Deputy Commissioner given 30 days' time.

¶37

Placing her submission on record, I pass the following:

¶38

ORDER

¶39

i. Writ petition is allowed .

¶40

4 -

¶41

NC: 2025:KHC:52857 WP No. 30423 of 2025

¶42

HC-KAR

¶43

ii. A mandamus is issued directing Respondents No.2 and 3, who have been so appointed now to take effective steps for recovering the amounts covered under the recovery certificate dated 24.06.2024 at Annexure-B as expeditiously as possible, preferably within a period of 60 days from the date of receipt of a certified copy of this order.

¶44

iii. The petitioner is also permitted to furnish the list of properties owned by Respondent No.4 along with supporting documents to Respondents No.2 and 3, which shall be acted upon by Respondents No.2 and 3.

¶45

iv. Though the above petition has been disposed, re-list on 20.01.2026 to report compliance with the order dated 27.10.2025.

¶46

SD/(SURAJ GOVINDARAJ) JUDGE

¶47

SR

¶48

List No.: 3 Sl No.: 7

Mr. Vinod Nair, v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Mr. Vinod Nair, v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

M/S Medcloud Diagnostics Private Limited Vs Unnathi Global Health Care Private Limited

Sri. Mukesh Kumar Devgade Vs Mr Manoj K Gupta

M/S. Sorting Hat Technologies Private Limited Vs Aashish Arora

Dr. a. a. Muralidharswamy Vs the State of Karnataka

Iffco Tokio Gic Ltd., Vs Smt. Mangalamma

Smt. Manju Vs Southwestern Railway Indian Railways