Kaveri Mangesh Hagargi Vs the State of Karnataka

MANGESH MAHADEO HAGARGI, AGE ABOUT 54 YEARS, BOTH ARE R/AT NO.604, VARS ALL SEASONS APARTMENT, 4^TH MAIN ROAD, KONENA AGRAHARA, OFF OLD AIRPORT ROAD, BENGALURU - 560 017.

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…PETITIONERS

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Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA

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(BY SMT.T.J.SULASA, ADVOCATE FOR SRI. BASAVARAJU M., ADVOCATE)

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AND:

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THE STATE OF KARNATAKA, REPRESENTED BY SECRETARY, REVENUE DEPARTMENT, VIDHANA SOUDHA, BENGALURU - 560 001.

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DEPUTY COMMISSIONER, BENGALURU URBAN DISTRICT, KANDAYA BHAVAN,

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NC: 2026:KHC:29904 WP No. 11235 of 2026

HC-KAR

K.G.ROAD,

BENGALURU - 560 009.

TAHSILDAR, ANEKAL TALUK, ANEKAL, BENGALURU - 562 106.

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M/S. INFINITE BUILDERS & DEVELOPERS, REPRESENED MR.GULAM MUSTAFA, BTM LAYOUT, 1^ST STAGE, 1^ST PHASE, BENGALURU - 560 068.

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…RESPONDENTS

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(BY SRI.MOHAMMED JAFFAR SHAH, AGA FOR R1 TO R3; NOTICE TO R4 IS DISPENSED WITH)

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THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO A) ISSUE A WRIT OF MANDAMUS DIRECTING RESPONDENT NOS 2 AND 3 TO EXECUTE THE RECOVERY BY ATTACHMENT AND AUCTION PROCEEDINGS WITHIN A TIME FRAME OF 8 WEEKS AND ETC.,

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING,

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THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ

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ORAL ORDER

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Learned Additional Government Advocate accepts

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notice for respondent Nos.1 to 3.

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NC: 2026:KHC:29904 WP No. 11235 of 2026

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HC-KAR

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Notice to respondent No.4 is dispensed with, as

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respondent No.4 is not required to be heard in the present matter.

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The petitioners are before this Court seeking for the following reliefs:

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"a) Issue a writ of mandamus directing Respondent Nos.2 and 3 to execute the Recovery by attachment and auction proceedings within a time frame of 8 weeks;

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b) Direct Respondent Nos.2 and 3 to complete recovery of amount mentioned below along with interest calculated at the rate of MCLR + 2% from 25/9/2025 as per RRC till realization shall continue to accrue at the same rate;

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1	Kaveri Hagargi	Mangesh	Rs.14,95,762/-	M/s infinite Builders & Developers
2	Mangesh Hagargi	Mahadeo	Rs.12,23,922/-	M/s Infinite Builders & Developers

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c) Direct Respondent Nos.2 and 3 recovered amount to deposit account of Chairperson, RERA Karnataka, A/c NO. 520101080940037 IFSC Code UBIN 0901440 Union Bank of India S.C.Road Branch, Bengaluru;

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d) Pass such other order or direction as this Hon'ble Court deems fit in the facts and circumstances of the case."

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NC: 2026:KHC:29904 WP No. 11235 of 2026

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HC-KAR

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The grievance of the petitioner is that, despite an award having been passed in their favour of the Karnataka Real Estate Regulatory Authority in complaint No.CMP 1002/2024, and a recovery certificate having been issued on 15.10.2025, the same has not been enforced by the Deputy Commissioner.

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Learned Additional Government Advocate submits that a Special Deputy Commissioner's post has now been created to handle the implementation of recovery certificates issued by the Karnataka Real Estate Regulatory Authority and given six weeks' time, the award passed as also the recovery certificate would be implemented. The said submission answers the grievance of the petitioners.

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