Smt Lakshmi Jayaram vs. State Of Karnataka

Held

The Court allowed the petitioners' request to withdraw the writ petition. The Court granted the petitioners the liberty to challenge the revised/modified demand notice dated November 10, 2020, which was issued by the Bruhat Bengaluru Mahanagara Palike. The reasoning for this decision is based on the petitioners' expressed desire to pursue a revised demand notice, indicating a procedural step rather than a decision on the merits of the original demand. The operative direction was the dismissal of the writ petition as withdrawn with the granted liberty.

Facts

The petitioners, Smt. Lakshmi Jayaram, Sri L. Jayarama, and Sri G.A. Sanjay, represented by their GPA holder M/s Mohan Builders, filed a writ petition challenging a demand notice dated February 25, 2020, issued by the Joint Director, Building License Cell (North), Bruhat Bengaluru Mahanagara Palike (BBMP). The demand notice included amounts for scrutiny fee, license fee, ground rent and GST, and security deposit. The petitioners also challenged a demand for Construction Workers Welfare Cess. Subsequently, the petitioners filed a memo seeking permission to withdraw the writ petition to challenge a revised demand notice dated November 10, 2020, issued by the BBMP.

Key Issues

1. Whether the petitioners are entitled to withdraw the writ petition with liberty to challenge a revised demand notice? The petitioners argued that they wished to withdraw the current writ petition to challenge a revised demand notice dated November 10, 2020, issued by the third respondent (BBMP). They sought permission to do so. The respondents did not record any specific arguments against the withdrawal, but the court's decision implies their acquiescence or the court's discretion to allow withdrawal. The core issue was whether the court should grant the petitioners' request for withdrawal and the associated liberty to pursue a revised demand.