Mr V Venugopal Reddy vs The State Of Karnataka
2026 Latest Caselaw 2181 Kant

Karnataka High Court

Mr V Venugopal Reddy vs The State Of Karnataka on 11 March, 2026

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                                                           NC: 2026:KHC:14735
                                                         WP No. 3788 of 2026


                      HC-KAR




                      IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                           DATED THIS THE 11TH DAY OF MARCH, 2026

                                             BEFORE

                      THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM

                           WRIT PETITION NO. 3788 OF 2026 (GM-RES)

                      BETWEEN:

                      MR V VENUGOPAL REDDY
                      S/O V.RAJAMOHAN REDDY
                      AGED ABOUT 42 YRS,
                      RESIDING AT FLAT NO.B205,
                      PURVA SEASONS
                      NAGAVARAPALYA
                      C.V.RAMAN NAGAR
                      BANGALORE - 560093
                                                                ...PETITIONER

                      (BY SRI. KADIRA RAMI REDDY., ADVOCATE)

                      AND:
Digitally signed by
CHAITHRA A            1.   THE STATE OF KARNATAKA
Location: HIGH
COURT OF                   BY THE DEPUTY COMMISSIONER AND DISTRICT
KARNATAKA
                           MAGISTRATE
                           BANGALORE URBAN CITY DISTRICT
                           K.G.ROAD, BEHIND KANDAYA BHAVAN
                           BENGALURU 560009

                      2.   THE SPECIAL TAHSILDAR
                           BANGALORE NORTH TALUK
                           BEHIND KANDAYA BHAVAN
                           BENGALURU - 560009

                      3.   KARNATAKA REAL ESTATE REGULATORY AUTHORITY
                           THROUGH ITS CHAIRMAN
                           2ND FLOOR, SILVER JUBILEE BLOCK
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                                           NC: 2026:KHC:14735
                                          WP No. 3788 of 2026


HC-KAR



     MISSION ROAD
     BENGALURU - 560027

4.   M/S MAXWORTH REALTY INDIA LTD
     THROUGH ITS CHAIRMAN,
     MR.KESAVA
     NO 12/2, KMP HOUSE RAILWAY PARALLEL ROAD
     NEAR SHIVANANDA CIRCLE,
     MADHAVANAGAR
     BANGALORE 560001
                                         ...RESPONDENTS

(BY SRI. ADITYA DIWAKARA, AGA FOR R1 & R2
    SRI. GOWTHAM DEV C ULLAL, ADVOCATE FOR R3
    V/O DATED 11.03.2026 NOTICE TO R4 IS D/W)

      THIS WRIT PETITION FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA          PRAYING TO-DIRECT
THE R1 AND        2 TO    EXECUTE THE REVENUE RECOVERY
CERTIFICATE       DATED      30.09.2024      BEARING       NO.
RERA/REVENUE.1245/2024-25/2884 VIDE ANNX-C ISSUED BY
THE KARNATAKA REAL ESTATE REGULATORY AUTHORITY IN
PURSUANT     TO   ITS    JUDGEMENT   IN   CMP/01245/2023   AT
ANNX-A IN A TIME BOUND MANNER.


      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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                                             NC: 2026:KHC:14735
                                           WP No. 3788 of 2026


HC-KAR




                         ORAL ORDER

The captioned writ petition is filed seeking the

following reliefs:-

"(i.) Issue a writ of mandamus directing the respondent.1 and 2 to execute the Revenue Recovery Certificate dated 30-9-2024 bearing No/RERA/Revenue/1245/2024- 25/2884 vide Annexure-C issued by the Karnataka Real Estate Regulatory Authority in pursuant to its judgment in CMP/01245 at Annexure-A in a time bound manner.

(ii) Pass such other orders as this Hon'ble Court may deem fit in the interest of justice and equity."

2. The learned counsel for the petitioner reiterating

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.

NC: 2026:KHC:14735

HC-KAR

3. Heard learned counsel for the petitioner and

learned AGA. Perused the records.

4. The grievance of the petitioner is that the

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

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 petitioner is compelled to knock the doors of

the Writ Court seeking aforesaid reliefs.

5. This Court in an identical case has consistently

taken a 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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6. 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 petitioner by

furnishing the Recovery Certificate has demonstrated his

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 petitioner.

7. Accordingly, this Court proceeds to pass the

following:

ORDER

(i) The writ petition is allowed.

     (ii)      A mandamus is issued directing
               respondent     Nos.1    and     2    to

execute the Recovery Certificate at Annexure-C 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 petitioner is at liberty to furnish a list of movable and immovable properties to the Special Deputy Commissioner along with supporting documents.

Sd/-

(SACHIN SHANKAR MAGADUM) JUDGE

CA List No.: 2 Sl No.: 12