Dr Kishore Kumar Bahl vs Deputy Commissioner
2024 Latest Caselaw 25400 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:43199
                                                             WP No. 22898 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. 22898 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:

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

                      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,
                           REG. OFFICE AT NO. 38, ULSOOR ROAD,
                           BENGALURU - 560 042.
                                                                  ...RESPONDENTS
                                -2-
                                             NC: 2024:KHC:43199
                                          WP No. 22898 of 2024




(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 A) DIRECT THE
RESPONDENTS 1 AND 2 TO EXECUTE THE REVENUE RECOVERY
CERTIFICATE     DATED      16.04.2024    BEARING    NO.
RERA/KANDAYA/7806/2023-2024/2572 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 an amount of Rs.98,06,956/- 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 steps to initiate action against respondent No.3 for recovering the said amount.

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

4. In view of the submissions and the facts presented, it is deemed expedient to dispose of the petition with a direction to respondent Nos.1 and 2 to initiate proceedings in compliance with

NC: 2024:KHC:43199

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 the necessary steps within two weeks from the date of receipt of this order.

Sd/-

(HEMANT CHANDANGOUDAR) JUDGE

TIN