D R Muni Reddy vs. State Of Karnataka
Facts
The petitioner, D.R.Muni Reddy, challenged a demand notice issued by the Joint Director, Town Planning (North), Bruhat Bangalore Mahanagara Palike (BBMP). The notice demanded scrutiny fees of Rs. 1,33,413/-, license fees of Rs. 26,68,267/-, GST on ground rent amounting to Rs. 24,73,865/-, and security deposit of Rs. 12,60,286/-. The petitioner sought to quash this demand notice. The present writ petition raises identical issues as those decided in W.P.No.4601/2020 and connected cases.
Held
The Court noted that the present writ petition raises identical issues to those decided in W.P.No.4601/2020 and connected cases, which were disposed of by an order dated 04.08.2021. Consequently, this writ petition was also disposed of by following the order passed in the aforementioned batch of cases. The specific findings, reasoning, and ratio decidendi from the order dated 04.08.2021 are not detailed in this judgment. Therefore, the operative directions and the specific relief granted are not elaborated here, other than stating that the petition is disposed of in line with the previous order. No issues were expressly left undecided.
Key Issues
1. Whether the demand notice issued by the Joint Director, Town Planning (North), BBMP, demanding scrutiny fees, license fees, GST on ground rent, and security deposit is legally sustainable? Petitioner's Contention: The petitioner sought to quash the demand notice, implying it was not legally sustainable. The specific grounds for challenge are not detailed in this order but are stated to be identical to those in W.P.No.4601/2020 and connected cases. Respondents' Contention: The respondents, State of Karnataka and BBMP, through their respective counsel, were represented. Their arguments are not explicitly recorded in this judgment, but they would have defended the demand notice issued by the BBMP.
AI-generated summary — verify with the full judgment below
1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 09TH DAY OF AUGUST, 2021
BEFORE
THE HON'BLE MR. JUSTICE M. NAGAPRASANNA
WRIT PETITION No.43877/2019 (LB-BMP)
BETWEEN
D.R.MUNI REDDY AGED 81 YEARS, S/O LATE RAMAIAH REDDY, R/AT NO.112, POST OFFICE ROAD, DODDA NEKKUNDI, BENGALURU – 560 037. ... PETITIONER (BY SRI T.P.VIVEKANANDA, ADVOCATE (PHYSICAL HEARING))
AND
STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, URBAN DEVELOPMENT DEPARTMENT, 4TH FLOOR, VIKAS SOUDHA, DR.AMBEDKAR VEEDHI, BENGALURU – 560 001. 2. THE BRUHAT BANGALORE MAHANAGARA PALIKE N.R.SQUARE, BENGALURU – 560 002, REPRESENTED BY ITS COMMISSIONER.
THE JOINT DIRECTOR TOWN PLANNING (NORTH) BRUHAT BANGALORE MAHANAGARA PALIKE, N.R.SQUARE, BENGALURU - 560 002, ... RESPONDENTS
2 (BY SRI NITHYANANDA K.R., HCGP FOR R1 (PHYSICAL HEARING) SRI V.SREENIDHI, ADVOCATE FOR R2 & R3 (PHYSICAL HEARING))
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE DEMAND NOTICE AT ANNEXURE-D ISSUED BY THE R-3 IN SO FAR AS THE DEMAND OF SCRUTINY FEE RS.1,33,413/- TOWARDS LICENSE FEE OF
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