BharatTaxGST

The Suavity Otium Residents Welfare Association vs. State Of Karnataka

Original PDF →
WP/31900/2024HC KarnatakaGSTCNR KAHC01067535202412 January 2026Bench: SURAJ GOVINDARAJ4 pages
For Petitioner: SRI. P. VIDYA JAHAGRIRDAR, ADVOCATEFor Respondent: SMT. SPOORTHI V, HCGP FOR R1 AND R2; SRI. PAWAN KUMAR, ADVOCATE FOR R3 AND R4

No AI summary yet for this judgment.

Cause title — parties, addresses and appearances
- 1 - HC-KAR NC: 2026:KHC:1773 WP No. 31900 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 31900 OF 2024 (LB-BMP) BETWEEN: THE SUAVITY OTIUM RESIDENTS WELFARE ASSOCIATION, (REGISTERED UNDER CO.OP SOCIETIES ACT 1960) SUAVITY OTIUM BUILDING, YELENAHALLI MAIN ROAD, AKSHAYANAGAR, BENGALURU - 560 068 REPRESENTED BY ITS SECRETARY SRI. DEVI KIRAN SUSARLA, AGE ABOUT 42 YEARS S/O SRI. SANYASI RAO SUSARLA RESIDENTIAL ADDRESS NO. D - 301 , 3RD FLOOR, SUAVITY OTIUM BUILDING AKSHAYA NAGAR BEGUR, BANGALORE - 560 068. …PETITIONER (BY SRI. P. VIDYA JAHAGRIRDAR, ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY URBAN DEVELOPMENT DEPARTMENT, 4TH FLOOR, VIKAS SOUDHA DR. AMBEDKAR VEEDHI BANGALORE - 560 001. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:1773 WP No. 31900 of 2024 2. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF PARLIAMENTARY AFFAIRS AND LEGISLATION, VIDHANA SOUDHA DR. B.R. AMBEDKAR VEEDHI BENGALURU - 560 001. 3. THE BRUHAT BANGALORE MAHANAGARA PALIKE ADDITIONAL DIRECTOR JOINT DIRECTOR OF BUILDING LICENSE, SOUTH BANGALORE - 560 068, REPRESENTED BY ITS CHIEF COMMISSIONER. 4. THE JOINT DIRECTOR TOWN PLANNING (SOUTH) BRUHAT BENGALURU MAHANGARA PALIKE, BANGALORE - 560 068 …RESPONDENTS (BY SMT. SPOORTHI V, HCGP FOR R1 AND R2; SRI. PAWAN KUMAR, ADVOCATE FOR R3 AND R4) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO i) QUASH THE KARNATAKA MUNICIPAL CORPORATIONS AND CERTAIN OTHER LAW (AMENDMENT) ACT, 2021 NO. 1/2022 DATED 13/01/2022 ENACTED BY THE R2 PUBLISHED THROUGH NOTIFICATION BEARING NO. DPAL 50 SHASANA 2021 GAZETTED ON 13/01/2022 AT ANN-K DECLARING IT TO BE UNTRA VIRES AND UNCONSTITUTIONAL AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ - 3 - HC-KAR NC: 2026:KHC:1773 WP No. 31900 of 2024

ORAL ORDER

1.

Petitioner is before this Court seeking for the following reliefs: (a) issue a writ of certiorari or similar writ or order or direction to quash the Karnataka Municipal Corporations and Certain Other Law (Amendment) Act, 2021 Act No.1/2022 dated13.01.2022 enacted by the 2nd respondent published through notification bearing No.DPAL 50 SHASANA 2021 gazetted on 13.01.2022 at Annexure-K declaring it to be ultravires and unconstitutional;

(b) issue a writ of certiorari or similar writ or order or direction to quash the demand notice bearing No.BBMP/ Addl.Dir/JD/South/0212/2012-13 dated 05/06.11.2024 at Annexure-H issued by the Respondent No.4 in so far as demand towards Ground Rent in a sum of Rs.48,71,500/- GST of Rs.14,93,248/-, license fee of Rs.9,95,499/- Difference in the FAR area Rs 10,32,108 and scrutiny fee of Rs.49,775/-are concerned;

(c) issue any other appropriate writ or order or direction to the respondents deemed fit in the circumstances of the case in the interest of justice and equity.

2.

Learned counsel for the petitioner has filed a memo, seeking permission of the Court to withdraw the writ petition. The said memo reads as follows:

"The petitioner in the above matter submits before this Hon'ble Court that, the respondent No- 3 that is BRUHAT BENGALURU MAHANAGAR PALIKA, issued the FINAL OCCUPANCY CERTIFICATE to Residential Apartment owners (Petitioner) on 08.12.2025, bearing No.L.P./212/2012-2013. The copy of the HC-KAR NC: 2026:KHC:1773 WP No. 31900 of 2024

occupancy certificate is produced along with this Memo for kind perusal of this Hon'ble Court.

In view of the same, kindly permit the petitioner to withdraw the above writ petition as not pressed, in the interest of justice and equity."

3.

Accepting the said memo and submission of the counsel for the petitioner, the writ petition is dismissed as withdrawn. (SURAJ GOVINDARAJ) JUDGE

GJM List No.: 1 Sl No.: 65

Reproduced from the public record of the Karnataka High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.