Mr. Sivasankaran M S, v. The State of Karnataka

((((((((((((HC-KAR, NC:(2026:KHC:42142( WP(No.(23340(of(2026( ( ,,,,,,,,,, , CNR:(KAHC010511872026( ( ( IN(THE(HIGH(COURT(OF(KARNATAKA(AT(BENGALURU(

TH DATED(THIS(THE(10 (DAY(OF(AUGUST,(2026(

BEFORE(

THE(HON'BLE(MR.(JUSTICE(SURAJ(GOVINDARAJ(

WRIT(PETITION(NO.(23340(OF(2026((GM-RES)(

BETWEEN:(( (

1., MR.,SIVASANKARAN,M,S,, S/O,M,V,SIVAKUMAR,, AGED,ABOUT,70,YEARS,,,

RESIDING,AT,NO.748/B,,, ST 1 ,A,CROSS,,A,BLOCK,,, VINAYAKA,NAGAR,,,

HAL,OLD,AIRPORT,ROAD,,, BENGALURU,-,560,017,, ,

2., MR.,SIVARAMAKRISHNAN,M,S,, S/O,SIVASANKARAN,M.S,, AGED,ABOUT,37,YEARS,,, RESIDING,AT,NO.748/B,,, ST1 ,A,CROSS,,A,BLOCK,,,

VINAYAKA,NAGAR,,, HAL,OLD,AIRPORT,ROAD,,, Digitallytisigned BENGALURU-560,017, by0SHWETHA …,PETITIONERS, RAGHAVENDRA (BY,SRI.,SINDHU,V.,,ADVOCATE), Location:0HIGH COURT0OF AND:( KARNATAKA (

1., THE,STATE,OF,KARNATAKA, THROUGH,THE,DEPUTY,COMMISSIONER,,, HAVING,ITS,OFFICE,AT,KEMPEGOWDA,ROAD,,, BEHIND,KANDAYA,BHAVANA,,, BENGALURU,URBAN,DISTRICT,,, BENGALURU,-,560,009., ,

2., M/S.,MYTHRI,HOUSING,PRIVATE,LIMITED, A,COMPANY,INCORPORATED,UNDER,, THE,COMPANIES,ACT,,1956, HAVING,ITS,REGISTERED,OFFICE,AT,SOLUS,,, ((((((((((((HC-KAR, NC:(2026:KHC:42142( WP(No.(23340(of(2026( ( ,,,,,,,,,, , CNR:(KAHC010511872026( ( ( STFLOOR,11,,NO.2,,1 ,CROSS,,JC,ROAD,,, BENGALURU,-,560,027,,, REPRESENTED,BY,ITS,, AUTHORISED,SIGNATORY, ,

3., M/S.,GURURAJ,ENTERPRISES,PRIVATE,LIMITED,, A,COMPANY,INCORPORATED,UNDER,, THE,COMPANIES,ACT,,2013, HAVING,ITS,REGISTERED,OFFICE,AT,, NO.8,,GROUND,FLOOR,,PLOT,NO.13/39,,, JIVAN,MAHARAJ,CHAWL,,MOTA,MANDIR,,, JM,COMPOUND,,CHANDI,GULLY,,, MUMBAI,-,400,002,, REPRESENTED,BY,ITS,, AUTHORISED,SIGNATORY, …,RESPONDENTS, (BY,SRI.,SHAMANTH,NAIK,,AGA), ***, , THIS, W.P., IS, FILED, UNDER, ARTICLE, 226, OF, THE, CONSTITUTION, OF, INDIA,, PRAYING, TO, 1., ISSUE, A, WRIT, OF, MANDAMUS,, OR, ANY, OTHER, WRIT,, ORDER, OR, DIRECTION,, DIRECTING,RESPONDENT,NO.1,TO,FORTHWITH,ENFORCE,RECOVERY, OF, THE, SUM, OF, RS.1,23,62,078/-, (RUPEES, ONE, CRORE, TWENTY-THREE,LAKHS,SIXTY-TWO,THOUSAND,AND,SEVENTY-EIGHT,ONLY),, TOGETHER,WITH,FURTHER,INTEREST,ACCRUING,AT,MCLR,+,2%,PER, ANNUM, FROM, 17.08.2025, TILL, THE, DATE, OF, REALISATION,, DUE, FROM, RESPONDENT, NOS.2, AND, 3,, IN, ACCORDANCE, WITH, THE, PROCEDURE,FOR,RECOVERY,PRESCRIBED,UNDER,THE,KARNATAKA, LAND,REVENUE,ACT,,1964,AND,THE,RULES,MADE,THEREUNDER,,IN, FURTHERANCE, OF, THE, EXECUTION, ORDER, DATED, 16.08.2025, ANNEXURE-B,AND,THE,RECOVERY,CERTIFICATES,DATED,12.10.2025, ANNEXURE-C, AND, 12.11.2025, ISSUED, UNDER, SECTION, 40(1), OF, THE, REAL, ESTATE, (REGULATION, AND, DEVELOPMENT), ACT,, 2016, READ, WITH, RULE, 25, OF, THE, KARNATAKA, REAL, ESTATE, (REGULATION,AND,DEVELOPMENT),RULES,,2017,,WITHIN,AN,OUTER, TIME-LIMIT,AS,THIS,HON'BLE,COURT,MAY,DEEM,FIT,AND,ETC., , THIS, PETITION,, COMING, ON, FOR, PRELIMINARY, HEARING,, THIS,DAY,,ORDER,WAS,MADE,THEREIN,AS,UNDER:, CORAM:, HON'BLE,MR.,JUSTICE,SURAJ,GOVINDARAJ, ,

ORAL ORDER

¶1Learned Additional Government Advocate accepts notice for respondent No.1. Notice to respondents 2 and 3 is dispensed with since they are not required to be heard in the present matter.

¶2Petitioners are before this Court seeking for the following reliefs:

i) Issue a Writ of Mandamus, or any other writ, order or direction, directing Respondent No.1 to forthwith enforce recovery of the sum of Rs.1,23,62,078/- (Rupees One Crore Twenty-Three Lakhs Sixty-Two Thousand and Seventy-Eight Only), together with further interest accruing at MCLR + 2% per annum from 17.08.2025 till the date of realisation, due from Respondent Nos.2 and 3, in accordance with the procedure for recovery prescribed under the Karnataka Land Revenue Act, 1964 and the Rules made thereunder, in furtherance of the Execution Order dated

16.08.2025 Annexure-B and the Recovery Certificates dated 12.10.2025 Annexure-C and

12.11.2025 issued under Section 40(1) of the Real Estate (Regulation and Development) Act, 2016 read with Rule 25 of the Karnataka Real Estate (Regulation and Development) Rules, 2017, within an outer time-limit as this Hon'ble Court may deem fit;

ii) Issue a Writ of Mandamus, or any other appropriate writ, order or direction, directing

Respondent No.1 to initiate and complete all steps prescribed under the Karnataka Land Revenue Act, 1964, including but not limited to attachment, proclamation and sale of the properties and assets of Respondent Nos.2 and 3, in accordance with law, for realisation of the amount due to the Petitioners;

iii) Direct Respondent No.1 to file a status/compliance report before this Hon'ble Court within such time as this Hon'ble Court may deem fit;

iv) Grant costs of the present proceedings;

v) Issue any other appropriate writ, order or direction as this Hon'ble Court may deem just and proper in the facts and circumstances of the instant case, in furtherance of the interests of justice and equity."

¶3The grievance of the petitioners is that the petitioners having approached the Real Estate Regulatory Authority and order having passed in favour of the petitioners, recovery certificates under Section 40(1) of the Real Estate (Regulation and Development) Act, 2016 had been issued on

12.10.2025 and 12.11.2025 at Annexures - 'B' and 'C' respectively, which the petitioners claim has not

been implemented and it is in that background, the petitioners are before this Court.

¶4Learned Additional Government Advocate on instructions, submits that on office of the Special Deputy Commissioner has been constituted for the purpose of implementation of all orders passed by the Real Estate Regulatory Authority and the recovery certificates which have been issued. He submits that, given 4 weeks time, the order in the present matter would be implemented.

¶5The said submission of the learned AGA answers the grievance of the petitioners. Placing the said submission on record, petition stands disposed of.

Sd/- (SURAJ GOVINDARAJ) JUDGE

VP