Mr D Krishna vs. The State Of Karnataka
Facts
The petitioners, Mr. D. Krishna and Mrs. B. Annapoorna, challenged a demand notice dated February 23, 2021, issued by the Joint Director (Town Planning - South) of Bruhat Bangalore Mahanagara Palike (BBMP). The demand notice pertains to ground rent, GST on ground rent, and scrutiny fees. The petitioners contend that these demands are illegal, without jurisdiction, and arbitrary. This writ petition raises the same issues as those previously considered in W.P.No.4601/2020 and connected cases. The court notes that a batch of petitions with identical issues was disposed of by an order dated August 4, 2021.
Held
The High Court of Karnataka, in its order dated August 23, 2021, disposed of Writ Petition No. 7621/2021. The Court noted that the issues raised in this petition were identical to those considered in W.P.No.4601/2020 and connected cases, which had been decided by an order dated August 4, 2021. Consequently, the present writ petition was disposed of by following the decision rendered in the earlier batch of cases. The specific findings, reasoning, and ratio decidendi from the August 4, 2021 order are not detailed in this judgment. Therefore, the operative directions and the relief granted are based on the precedent set by the earlier disposed cases. No specific issue was expressly left undecided.
Key Issues
1. Whether the demand for ground rent, GST on ground rent, and scrutiny fee by the Bruhat Bangalore Mahanagara Palike (BBMP) is legal and within its jurisdiction, particularly concerning the petitioners' property. Petitioners' arguments: The petitioners argue that the demand notice issued by the Joint Director (Town Planning - South) of BBMP is illegal, arbitrary, and lacks jurisdiction. They seek to quash the demand notice in its entirety concerning ground rent, GST on ground rent, and scrutiny fee. Respondents' arguments: The judgment does not explicitly record arguments made by the respondents (State of Karnataka and BBMP). However, the fact that the BBMP issued the demand notice implies their assertion of the legality and validity of the demands.
AI-generated summary — verify with the full judgment below
1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF AUGUST, 2021
BEFORE
THE HON'BLE MR. JUSTICE M. NAGAPRASANNA
WRIT PETITION No.7621/2021 (LB-BMP)
BETWEEN
MR. D. KRISHNA
S/O SRI DEVEGOWDA,
AGED ABOUT 53 YEARS,
MRS. B. ANNAPOORNA
W/O D. KRISHNA
AGED ABOUT 46 YEARS,
BOTH ARE RESIDING AT NO.3,
KALABAIRESHWARA NILAYA,
SREEKANTESHWARA NAGAR,
MAHALAKSHMIPURAM,
BANGALORE-560 096. ... PETITIONERS
(BY SRI B.PRAMOD, ADV.)
AND
THE STATE OF KARNATAKA
THE URBAN DEVELOPMENT DEPARTMENT,
VIKAS SOUDHA, DR B. R. AMBEDKARVEEDHI,
BANGALORE 560001,
REPRESENTED BY ITS SECRETARY.
BRUHAT BANGALORE MAHANAGARA PALIKE,
N.R.SQUARE,
BENGALURU - 560 002,
REPRESENTED BY ITS COMMISSIONER.
THE JOINT DIRECTOR, (TOWN PLANNING - SOUTH)
2 BRUHAT BANGALORE MAHANAGARA PALIKE, BBMP HEAD OFFICE, N.R.SQUARE, BENGALURU - 560 002. ..RESPONDENTS
(BY SRI NITHYANANDA. K.R., HCGP FOR R1; SRI V.SREENIDHI & SMT. SINCHANA.M.R., ADV. FOR R2 & R3)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH TH
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