Dr Kishore Kumar Bahl vs Deputy Commissioner
2024 Latest Caselaw 25397 Kant

Karnataka High Court

Dr Kishore Kumar Bahl vs Deputy Commissioner on 24 October, 2024

Author: Hemant Chandangoudar

Bench: Hemant Chandangoudar

                                                      -1-
                                                                NC: 2024:KHC:43202
                                                             WP No. 23270 of 2024




                             IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                                DATED THIS THE 24TH DAY OF OCTOBER, 2024

                                                 BEFORE
                           THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
                                 WRIT PETITION NO. 23270 OF 2024 (GM-RES)
                      BETWEEN:

                           DR. KISHORE KUMAR BAHL,
                           S/O MR. BAHL,
                           AGED ABOUT 57 YEARS,
                           RESIDENT OF 53 WOODCOCK HILL,
                           HARROW HA30JH,
                           LONDON UNITED KINGDOM,
                           REP. BY HIS SPA HOLDER
                           SAKSHAM MEHRA,
                           S/O SRI. AJAY KUMAR MEHRA,
                           AGED ABOUT 25 YEARS,
                           R/O 1/111 RHB COLONY SEC-14, GOVERDHAN VILAS,
                           UDAIPUR (RAJASTHAN) - 313 001.
                                                                   ...PETITIONER
                      (BY SRI. RAVI S.K., ADVOCATE)

                      AND:
Digitally signed by
R HEMALATHA
Location: HIGH
COURT OF              1.   DEPUTY COMMISSIONER,
KARNATAKA                  BENGALURU URBAN DISTRICT,
                           OFFICE AT KANDAYA BHAVANA, K.G. ROAD,
                           BENGALURU - 560 009.

                      2.   TAHASILDHAR
                           BENGALURU NORTH TALUK,
                           OFFICE AT KANDAYA BHAVANA, KG ROAD,
                           BENGALURU - 560 009.
                      3.   M/S. OZONE URBANA INFRA DEVELOPERS
                           PRIVATE LIMITED,
                           REP. BY ITS BOARD OF DIRECTORS,
                                  -2-
                                             NC: 2024:KHC:43202
                                          WP No. 23270 of 2024




    REG. OFFICE AT NO. 38, ULSOOR ROAD,
    BENGALURU - 560 042,
    R3 IS A COMPANY INCORPORATED
    UNDER COMPANIES ACT.
                                               ...RESPONDENTS
(BY SRI. MOHAMMED JAFFAR SHAH, AGA FOR R1 AND R2)

     THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE
CONSTITUTION OF INDIA PRAYING TO DIRECT DIRECTING R-1
AND 2 TO EXECUTE THE REVENUE RECOVERY CERTIFICATE
DATED     16.04.2024   BEARING    NO.   RERA/KANDAYA/7479/2023-
2024/2571 VIDE ANNEXURE-C ISSUED BY THE KARNATAKA REAL
ESTATE    REGULATORY      AUTHORITY     IN   PURSUANT   TO    ITS
JUDGMENT DATED 20.12.2023 AT ANNEXURE-A IN COMPLAINT
FILED BY THE PETITIONER IN A TIME-BOUND MANNER AND ETC.

     THIS PETITION, COMING ON FOR PRELIMINARY HEARING,

THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM:     HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR


                         ORAL ORDER

Learned AGA accepts notice for respondent Nos.1 and 2.

2. The Karnataka Real Estate Regulatory Authority issued a Recovery Certificate dated 16.04.2024 to recover a sum of Rs.88,74,736/- from respondent No.3, treating it as arrears of land revenue. The petitioner's grievance is that respondent Nos.1 and 2 have not taken any action to recover the said amount from respondent No.3.

NC: 2024:KHC:43202

3. The learned Additional Government Advocate (AGA), upon receiving instructions, submitted that respondent Nos.1 and 2 would take appropriate steps in accordance with the law within a reasonable time.

4. Considering the submissions and the facts presented, the petition is disposed of with a direction to respondent Nos.1 and 2 to initiate proceedings in compliance with the Recovery Certificate dated 16.04.2024 issued by the Karnataka Real Estate Regulatory Authority (Annexure C). Respondent Nos.1 and 2 are directed to take necessary action within two weeks from the date of receipt of this order.

Sd/-

(HEMANT CHANDANGOUDAR) JUDGE

TIN