Smt Subhashree Saha Vs Deputy Commissioner

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE AN APPROPRIATE WRIT, ORDER, OR DIRECTION IN THE NATURE OF A WRIT OF MANDAMUS OR ANY OTHER DIRECTION DIRECTING RESPONDENTS 1 AND 2 TO EXECUTE THE REVENUE RECOVERY CERTIFICATE DATED 17.11.2025 BEARING NO. RERA/KANDAYA/1339/2025-2026/3612 VIDE ANNEXURE C ISSUED BY THE KARNATAKA REAL ESTATE REGULATORY AUTHORITY IN PURSUANT TO ITS JUDGMENT DATED 16.08.2025 AT ANNEXURE - A IN COMPLAINT FILED BY THE PETITIONER IN A TIME-BOUND MANNER; ISSUE A WRIT OF MANDAMUS OR A WRIT IN THE NATURE OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT, DIRECTION OR ORDER UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA ORDERING AND DIRECTING RESPONDENT NOS. 1 AND 2 TO FORTHWITH TAKE APPROPRIATE, PROMPT, AND EXPEDITIOUS STEPS IN THE EXERCISE OF THEIR POWERS OF ATTACHMENT AND SALE OF ASSETS BELONGING TO THE RESPONDENT NO.3 TO 5; ISSUE A WRIT OF MANDAMUS OR A WRIT IN THE NATURE OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT, DIRECTION, OR ORDER UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA DIRECTING RESPONDENT NO.1 AND 2 TO REPORT COMPLIANCE OF THE STEPS TAKEN BY THEM IN EXERCISE OF THEIR POWERS UNDER THE REAL ESTATE

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3 - NC: 2026:KHC:30390 WP No. 5109 of 2026

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HC-KAR

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REGULATORY ACT, 2016 IN RESPECT OF THE REVENUE RECOVERY CERTIFICATE DATED 17.11.2025 BEARING NO.RERA/KANDAYA/1339/2025-2026/3612 VIDE ANNEXURECISSUED BY THE KARNATAKA REAL ESTATE REGULATORY AUTHORITY IN PURSUANT TO ITS JUDGMENT DATED 16.08.2025 AT ANNEXURE - A; ISSUING GUIDELINES / DIRECTIONS TO RESPONDENT NOS. 1 AND 2 FOR THE EXECUTION OF THE REVENUE RECOVERY CERTIFICATE ISSUED BY THE KARNATAKA REAL ESTATE REGULATORY AUTHORITY UNDER SECTION 40(1) OF REAL ESTATE REGULATORY ACT, 2016 IN A BOUND MANNER.

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THIS WP, COMING ON FOR FINAL HEARING, 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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Petitioner is before this Court seeking for the following

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reliefs:

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"A) Issue an appropriate writ, order, or direction in the nature of a writ of mandamus or any other direction directing Respondents 1 & 2 to execute the Revenue Recovery Certificate dated 17.11.2025 bearing no. RERA / Kandaya / 1339 / 2025 – 2026/ 3612 vide Annexure C issued by the Karnataka Real Estate Regulatory Authority in pursuant to its judgment dated 16.08.2025 at Annexure - A, in complaint filed by the Petitioner in a time - bound manner;

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B) Issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, direction or order under Article 226 of the Constitution of India ordering and directing Respondent Nos. 1 & 2 to forthwith take appropriate, prompt, and expeditious steps in the exercise of their powers of attachment and sale of assets belonging to the Respondent No.3 to 5;

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4 -

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NC: 2026:KHC:30390 WP No. 5109 of 2026

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HC-KAR

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C) Issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, direction, or order under Article 226 of the Constitution of India directing Respondent No.1 & 2 to report compliance of the steps taken by them in exercise of their powers under the Real Estate Regulatory Act, 2016 in respect of the Revenue Recovery Certificate dated 17.11.2025 bearing no. RERA / Kandaya / 1339 / 2025 – 2026/ 3612 vide Annexure C issued by the Karnataka Real Estate Regulatory Authority in pursuant to its judgment dated 16.08.2025 at Annexure - A;

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D) Issuing guidelines / directions to Respondent Nos. 1 & 2 for the Execution of the Revenue Recovery Certificate issued by the Karnataka Real Estate Regulatory Authority under section 40(1) of Real Estate Regulatory Act, 2016 in a bound manner; and

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E) Pass any other or order/ direction this Hon'ble Court deems fit in the present facts and circumstances."

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The grievance to petitioner is that the award passed by the Karnataka Real Estate Regulatory Authority in CMP No.1339 of 2024 dated 16.08.2025 and the Recovery Certificate issued under Section 40(1) of Real Estate Regulatory Act, 2016 on 17.11.2025 – Annexure-C, have not been implemented by respondent No.1.

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Learned AGA submitted that a Special Deputy Commissioner has now been appointed to implement all the orders passed by RERA including the Recovery

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5 -

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NC: 2026:KHC:30390 WP No. 5109 of 2026

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HC-KAR

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Certificates. If given six weeks time, he submitted that necessary action will be taken.

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The said submission answers the grievance of the petitioner.

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Reserving liberty to the petitioner to furnish details of the property owned by respondent Nos.3, 4 and 5 along with accompanying documents, the petition stands disposed

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of in terms of the submission made by learned AGA.

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Sd/(SURAJ GOVINDARAJ) JUDGE

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BGN

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List No.: 1 Sl No.: 54

Smt Subhashree Saha v. Deputy Commissioner

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Smt Subhashree Saha v. Deputy Commissioner

Case brief

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