Mr Arti Panja Vs the State of Karnataka

BOTH ARE CURRENTLY RESIDING AT NITESH CAESARS PALACE FLAT NO. G801, G -BLOCK 8^TH FLOOR, NEAR VAJARAHALLI METRO STATION KANAKAPURA MAIN ROAD BENGALURU - 560 062.

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…PETITIONERS

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Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA

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(BY SRI. RAJKUMAR .M.D, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA REPRESENTED BY ITS DEPUTY COMMISSIONER

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BANGALORE URBAN DISTRICT K G ROAD, KANDAYA BHAVAN BENGALURU - 560 009.

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THE SPECIAL TAHSILDAR BENGALURU NORTH TALUK KANDAYA BHAVAN

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2 - NC: 2026:KHC:14736 WP No. 18281 of 2025

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HC-KAR

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GROUND FLOOR, K.G. ROAD BENGALURU - 560 009.

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M/S. ROYAUME ESTATES PVT LTD. A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956 SKYLARK CHAMBERS, 37/21, ULSOOR ROAD BANGALORE - 560 042 REPRESENTED BY ITS DIRECTOR

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KARNATAKA REAL ESTATE REGULATORY AUTHORITY THROUGH ITS CHAIRMAN SECOND FLOOR, SILVER JUBILEE BLOCK MISSION ROAD BENGALURU - 560 027.

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…RESPONDENTS

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(BY SMT. NAVYA SHEKHAR, AGA FOR R1 AND R2; SRI. RAJSHEKHAR .K, ADVOCATE FOR R4; NOTICE NOT ORDERED IN RESPECT OF R3)

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THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENT NOS. 1 TO 2 TO PROMPTLY TAKE ALL NECESSARY ACTIONS TO ENFORCE THE ORDER DATED 05/12/2024 PASSED BY THE RESPONDENT NO. 4 IN COMPLAINT NO. CMP/220215/9008 AT ANNEXURE A AND THE REVENUE RECOVERY CERTIFICATE DATED 25/03/2025 AT ANNEXURE B, IN ACCORDANCE WITH THE KARNATAKA LAND REVENUE ACT, 1964 AND RULES 1966 AND RECOVER THE PAYMENTS DUE FROM THE RESPONDENT NO. 3 TO THE PETITIONERS.

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

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CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM

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3 -

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NC: 2026:KHC:14736 WP No. 18281 of 2025

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HC-KAR

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ORAL ORDER

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The captioned writ petition is filed seeking the following reliefs:-

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"a. Issue a Writ of Mandamus or any other appropriate writ, order, or direction directing the Respondent Nos.1 and 2 to promptly take all necessary actions to enforce the Order dated 05.12.2024 passed by the Respondent No.4 in Complaint No.CMP/220215/9008 at Annexure A and the Revenue Recovery Certificate dated 25.03.2025 at Annexure-B, in accordance with the Karnataka Land Revenue Act, 1964 and Rules 1966 and recover the payments due from the Respondent No.3 to the petitioners.

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b. Grant any other relief that this Hon'ble Court may deem fit and proper in the facts and circumstances of the case and in the interests of justice and equity.

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The learned counsel for the petitioners reiterating

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the grounds has placed reliance on the order of the

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4 - NC: 2026:KHC:14736 WP No. 18281 of 2025

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HC-KAR

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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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Heard learned counsel for the petitioners and

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learned AGA. Perused the records.

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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.

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This Court in an identical case has consistently taken a 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

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5 -

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NC: 2026:KHC:14736 WP No. 18281 of 2025

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HC-KAR

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appropriate steps to recover the amounts mentioned in the

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Recovery Certificate as arrears of land revenue.

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Since it is not in dispute that Special Deputy

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Commissioner is now appointed to act on all the Recovery Certificates issued by the RERA, the petitioners by furnishing the Recovery Certificate have 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.

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Accordingly, this Court proceeds to pass the

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following:

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ORDER

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(i) The writ petition is allowed .

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(ii) A mandamus is issued directing respondent Nos.1 and 2 to execute the Recovery Certificate

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6 - NC: 2026:KHC:14736 WP No. 18281 of 2025

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HC-KAR

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at Annexure-B 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.

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Sd/(SACHIN SHANKAR MAGADUM) JUDGE

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CA List No.: 2

Mr Arti Panja v. the State of Karnataka

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Mr Arti Panja v. the State of Karnataka

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