Mr Dayanand Madhu Shetty Vs the Deputy Commissioner

M/S. SANCHAYA AND ESTATE PVT. LTD., A COMPANY INCORPORATED UNDER THE COMPANIES ACT, HAVING ITS OFFICE AT NO.479, HMT LAYOUT, R.T.NAGAR NEAR , R.T NAGAR BUS STOP BANGALORE - 560 032, REPRESENTED BY ITS DIRECTORS.

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…RESPONDENTS

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(BY SRI. ADITYA DIWAKARA, AGA)

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THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF IN THE NATURE OF MANDAMUS, OR ANY OTHER WRIT, DIRECTION, ORDER OR DECLARATION, DIRECTING THE HONBLE DEPUTY COMMISSIONER AT BANGALORE, TE. RESPONDENT NO. 1 TO TAKE UP AND ENFORCE THE RECOVERY CERTIFICATE DATED 21.12.2024 IN RERA/KANDHAYA/8964/2024-25/2999 VIDE ANNEX-A IN AN EXPEDITIOUS AND TIME BOUND MANNER.

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM

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ORAL ORDER

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The captioned writ petition is filed seeking for the

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following reliefs:-

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NC: 2026:KHC:16031 WP No. 29174 of 2025

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HC-KAR

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"a) Issue a Writ of in the nature of Mandamus, or any other Writ, Direction, Order or Declaration, directing the Hon’ble Deputy Commissioner at Bangalore, i.e., Respondent No.1 to take up and enforce the Recovery Certificate dated 21.12.2024 in RERA/KANDHAYA/ 8967/2024-25/2999 vide Annexure –A in an expeditious and time bound manner.

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b) Grant costs and such other relief(s) as this Hon’ble Court be deemed fit to do, in the circumstances of the case, 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 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 learned AGA. Perused the records.

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NC: 2026:KHC:16031 WP No. 29174 of 2025

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HC-KAR

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The grievance of the petitioners is that the

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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

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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 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 appropriate steps to recover the amounts mentioned in the Recovery Certificate as arrears of land revenue.

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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

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NC: 2026:KHC:16031 WP No. 29174 of 2025

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HC-KAR

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furnishing the Recovery Certificate has 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. Therefore, this Court proceeds to pass the following;

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ORDER

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(i) The writ petition is allowed. (ii) A mandamus is issued directing respondent Nos.1 and 2 and the Special Deputy Commissioner now appointed to execute the Recovery Certificate at Annexure-A 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

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