Karnataka High Court

Mr. Rohit Chauhan vs District Commissioner on 2 July, 2024

Author: S.R.Krishna Kumar

Bench: S.R.Krishna Kumar

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                                                   WP No. 20419 of 2023




                    IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                         DATED THIS THE 2ND DAY OF JULY, 2024
                                       BEFORE
                      THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
                        WRIT PETITION NO.20419 OF 2023 (GM-RES)
             BETWEEN:

             MR. ROHIT CHAUHAN
             S/O SARAT CHAUHAN
             AGED ABOUT 41 YEARS
             R/O D-003, OZONE URBANA
             PAVILION KANNAMANGALA DEVANAHALLI,
             BANGALORE - 562 110.

                                                            ...PETITIONER
             (BY SRI. RAJESH PANDIAN, ADVOCATE)

             AND:

             1.   DISTRICT COMMISSIONER
                  BENGALURU URBAN DISTRICT,
                  OFFICE AT KEMPEGOWDA ROAD,
                  BEHIND KANDAYA BHAVANA,
                  BENGALURU URBAN DISTRICT
                  BENGALURU - 560 009.
Digitally
signed by    2.   TAHASILDAR
Vandana S
                  BENGALURU NORTH TALUK,
Location:         OFFICE AT KANDAYA BHAVANA,
HIGH COURT
OF                KG ROAD, BENGALURU - 560 009.
KARNATAKA
             3.   M/S OZONE URBANA INFRA DEVELOPERS PVT. LTD.,
                  NO.38, ULSOOR ROAD,
                  BANGALORE - 560 042.
                  REP. BY THE MANAGING DIRECTOR AND
                  INCORPORATED UNDER COMPANIES ACT, 1956

                                                         ...RESPONDENTS
             (BY SRI. S H RAGHAVENDRA, AGA FOR R1 AND R2;
                 SMT. VANDANA P L, ADVOCATE FOR R3)
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                                                      NC: 2024:KHC:24853
                                                  WP No. 20419 of 2023




      THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE
CONSTITUTION OF INDIA PRAYING TO DIRECT R1 AND R2 TO
EXECUTE FORTHWITH, THE RECOVERY CERTIFICATE DATED
13.06.2023 BEARING NO.RERA/KANDAYA/7317/2023-24 ANNEXURE-
D ISSUED BY THE KARNATAKA REAL ESTATE REGULATORY
AUTHORITY IN PURSUANT TO ITS ORDER DATED 15.03.2023
ANNEXURE-A IN COMPLAINT NO.CMP/201224/0007317 FILED BY
THE PETITIONER IN TIME BOUND MANNER AND ETC.,

    THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:

                                  ORDER

In this petition, petitioner seeks the following reliefs:

"a) Issue an appropriate writ, order, or direction in the nature of a writ of mandamus or any other direction directing Respondent 1 and 2 to execute, forthwith, the Recovery Certificate dated 13.06.2023 bearing No.RERA/KANDAYA/7317/2023-24 Annexure-D issued by the learned Karnataka Real Estate Regulatory Authority in pursuant to its order dated 15.03.2023 Annexure-A in Complaint No.CMP/201224/0007317 filed by the petitioner in time bound manner;

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 No.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.

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 and 2 if so required by the mala fide contumacious and egregious conduct of the Respondent No.3 to exercise its powers of arrest and / or detention, either by itself or through appropriate authority

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and expeditiously take appropriate steps to arrest and/or detain directors/partners/employees of the respondent No.3 company;

d) 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 Regulatory Act, 2016 in respect of the Recovery Certificate dated 13.06.2023 at Annexure-

D issued u/s 40(1) of Real Estate Regulatory Act, 2016 in bearing No.RERA/KANDAYA/7317/2023-24;

e) Issuing guidelines/directions to Respondent No.1 and 2 for the execution of the Recovery Certificate issued by the Karnataka Real Estate Regulatory Authority under Section 40(1) of the Real Estate Regulatory Act, 2016 in a bound manner;

f) Issue an appropriate writ, order, or direction in the nature of a writ of mandamus or any other direction directing the respondent to take appropriate steps under the SARFAESI Act to recover the dues from the Respondent;

g) Pass an order granting legal expenses of this petition in favour of the Petitioners and against the Respondent and Pass any other or further order/direction this Hon'ble Court deems fit in the present facts and circumstances."

2. Heard learned counsel for the petitioner and learned

counsel for the respondents and perused the material on record.

3. In addition to reiterating the various contentions urged

in the memorandum of petition and referring to the material on

record, learned counsel for the petitioner invited my attention to the

orders passed by The Karnataka Real Estate Regulatory Authority

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("RERA") dated 07.09.2023 followed by Execution orders dated

04.12.2023 pursuant to which the RERA Authority has issued a

Revenue Recovery Certificates (for short 'RRC') addressed to the

Jurisdictional Deputy Commissioner to take further steps in this

regard.

4. Learned counsel for the petitioner submits that despite

the aforesaid orders passed by the RERA Authority, Execution

orders and the Revenue Recovery Certificates, Jurisdictional

Tahasildar is not taking steps pursuant thereto and as such, the

petitioner is before this Court by way of the present petition. In

support of his submission, learned counsel for the petitioner places

reliance upon the judgment of Co-ordinate Bench of this Court in

the case of Naveen Kumar D.T & Others Vs The State of

Karnataka & Others - WP.No.1569/2024 dated 22.01.2024 and

as such, the present petition also deserves to be disposed of in

terms of the aforesaid orders.

5. Per contra, learned counsel for respondent No.3

submits that in the event respondent Nos.1 and 2 are directed to

take necessary steps pursuant to the Revenue Recovery

Certificates, directions may be issued to the respondent Nos.1 and

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2 to provide an opportunity to respondent No.3 and proceed further

in accordance with law.

6. As rightly contended by the learned counsel for the

petitioners, in Naveen Kumar D.T's case supra, this Court held as

under:

"ORDER

"The petitioners are before this Court seeking the following prayer:

"A. Issue an appropriate writ, order or direction in the nature of writ of mandamus or any other writ, directing Respondents No.1 and Respondent No.2 to enforce payment of amounts due from Respondent No.3 in accordance with the procedure for recovery provided under the provisions of Karnataka Land Revenue Act, 1964 and rules there under, for enforcement of the directions of K- RERA Revenue/9591/2022-23, dt- 13/2/2023 issued under Section 40 (1) of Real Estate (Regulation and Development) Act, 2016 and Rule 25 of Real Estate (Regulation and Development) Rules, 2017;

B. GRANT such other relief's, as this Hon'ble Court may deem fit in the facts and circumstances of this case, in the interests ofjustice and equity"

2. Heard the learned counsel for the petitioners Sri.Akash Bantia, and the learned HCGP Sri.Kiran Kumar, appearing for the respondents.

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3. Learned counsel for the petitioners submits that the issue in the lis stands answered by the co-ordinate Bench of this Court in W.P.No.6545/2023 disposed on 30.05.2023, wherein the co-ordinate Bench has held as follows:

"The short grievance of the Petitioner is as to the longevity of the Execution Process involving implementation of the orders of Karnataka Real Estate Regulatory Authority (K-RERA). Learned counsel for the Petitioner submits that the implementation of those orders cannot be a Five Year Plan as it has to be accomplished in accordance with the intent ofParliament in enacting the Real Estate (Regulation and Development) Act of 2016.

2. Learned AGA appearing for the Respondents opposes the Petition contending that already the process for implementation is set on initiated and that would take by its very nature some long period and that its accomplishment no assurance can be given as to within what period the same would be done. This is bit difficult to countenance. At least, as a concession to the shortness of human life the matters of this kind should be accomplished on a war footing should the property be available. If no property avails, the question of implementation would not arise.

In view of the above, this Writ Petition is allowed in part; the Respondent Nos. 1 & 2 are directed to accomplish the implementation of the subject K-RERA orders and report compliance to the Registrar General of this Court within an

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outer limit of three months failing which heavy costs personably payable may be levied on an appropriate application being moved by the Petitioner.

Now, no costs."

4. The petitioners are also similarly situated home buyers, in their arm, an order passed by RERA of the kind that was considered by the co-ordinate Bench in the aforesaid writ petition (supra).

5. Learned HCGP would submit that three months time was granted therein, but would seek another month at the hands of this Court.

6. The submission is placed on record.

7. The order shall be complied with, within an outer limit of four months.

With the aforesaid observations, the writ petition stands disposed of.

7. It is an undisputed fact that the aforesaid petition was

filed by the writ petitioners therein, who are identically / similarly

situated to the present petitioners and directions were issued to the

respondents. Under these circumstances, I deem it just and

appropriate to dispose of the present petition directing respondent

Nos.1 and 2 to take further steps pursuant to the Revenue

Recovery Certificates at Annexure - D and proceed further in

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