Sri K S Bharath vs. State Of Karnataka - Karnataka High Court, 16 July 2025

Cause title — parties, addresses and appearances

- 1 - HC-KAR NC: 2025:KHC:26669 WP No. 14091 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO.14091 OF 2025 (LB-BMP) BETWEEN: SRI.K.S.BHARATH AGED 57 YEARS S/O SRI.K.V.SUBBA RAO NO.D-406, CASA ANSALA APARTMENT J.P. NAGAR III PHASE BANNERGHATTA ROAD BENGALURU - 560 076 REPRESENTED BY SPECIAL POWER OF ATTORNEY NANDEESH G AGED 47 YEARS S/O LATE BASAVARAJAPPA NO.1/22, BBMP WARD NO.81 HALASUR ROAD, BENGALURU - 560 042 …PETITIONER (BY SRI. T.P. VIVEKANANDA, ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY URBAN DEVELOPMENT DEPARTMENT 4TH FLOOR, VIKASA SOUDHA DR.AMBEDKAR VEEDHI BENGALURU - 560 001 2. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY Digitally signed by NAGARAJA B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:26669 WP No. 14091 of 2025 DEPARTMENT OF PARLIAMENTARY AFFAIRS AND LEGISLATION VIDHANA SOUDHA DR.B.R.AMBEDKAR VEEDHI BENGALURU - 560 001 3. STATE OF KARNATAKA DEPARTMENT OF LABOUR VIKASA SOUDHA BENGALURU - 560 001 REPRESENTED BY ITS SECRETARY 4. THE BRUHAT BANGALORE MAHANAGARA PALIKE N.R.SQUARE BENGALURU - 560 002 REPRESENTED BY ITS CHIEF COMMISSIONER 5. THE ASSISTANT DIRECTOR TOWN PLANNING-NORTH BRUHATH BANGALORE MAHANAGARA PALIKE YALAHANKA ZONE BENGALURU - 560 092 …RESPONDENTS (BY SRI.H.K.KENCHEGOWDA, AGA FOR R.1 AND R.3; SRI.K.B.MONESH KUMAR, ADVOCATE FOR C/R.4 AND C/R.5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTION TO QUASH THE KARNATAKA MUNICIPAL CORPORATIONS AND CERTAIN OTHER LAW (AMENDMENT) ACT, 2021 ACT NO.1/2022 DATED 13.01.2022 ENACTED BY THE SECOND RESPONDENT PUBLISHED THROUGH NOTIFICATION BEARING NO.DPAL 50 SHASANA 2021 GAZETTED ON 13.01.2022 AT ANNEXURE-J DECLARING IT TO BE ULTRAVIRES AND UNCONSTITUTIONAL AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:26669 WP No. 14091 of 2025 CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM

ORAL ORDER In the captioned writ petition, the petitioner is seeking for the following relief; "i) 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 dated 13.01.2022 enacted by the second respondent published through notification bearing No.DPAL 50 SHASANA 2021 gazetted on 13.01.2022 at Annexure-J declaring it to be ultravires and unconstitutional.

ii) Issue writ of certiorari or similar writ or order or direction to quash the Office Order bearing No.ADTP/PR/461/2021-22 dated 09.03.2022 issued by the 4th respondent at Annexure -K;

iii) Issue a writ of certiorari to quash the demand notice bearing No.BBMP/EoDB/CH/45431/24-25, LP No.BBMP/Ad.Com./YLK/0299/24-25 Project No.PRJ/3196/ 24-25 dated 28.01.2025 at Annexure-H issued by the Respondent No.5 in so far as demand towards scrutiny fee of Rs.19,464/-, License fee of Rs.3,93,199/- Betterment fee for building of Rs.2,49,650/-, security deposit of Rs.1,24,825/- Ground Rent (including 9% CGST and 9% SGST) in a sum of Rs.3,64,552/-, Cess towards BWSSB in a sum of Rs.23,717/-, Cess towards Ring Road HC-KAR NC: 2025:KHC:26669 in a sum of Rs.23,717/-, Cess towards Improving the slums in a sum of Rs.11,858/-, cess towards MRTS in a sum of Rs.1,18,584/-, 5% administrative charges on Cess and surcharge in a sum of Rs.9,362/- and labour cess of Rs.6,58,244/- are concerned;

iv) Issue Writ of Certiorari or similar Writ, order or direction to quash the Circular bearing No. He. Ni.Ka.Pa.Ko/P.R/320/2020-21 dated 14.08.2020 at Annexure-L issued by the 4th Respondent;

v) Issue a writ of certiorari or similar writ or order or direction to quash provisions of section 18-A of Karnataka Town and Country Planning Act, 1961 brought into effect by Karnataka Act No.23 of 2004 by the 1st Respondent at Annexure-M in so far as 18-A(i) and (iv) of Karnataka Act No.23 of 2004 is concerned.

vi) Grant an order, direction or writ in the nature of Certiorari quashing the Notification issued by the 1st Respondent bearing No. UDD 3 TTP 2015 dated 25.02.2020 as contained in ANNEXURE-N in so far as the amended Rule 37-A and Rule 37-C are concerned;

vii) Issue writ of mandamus or similar writ or order or direction declaring that The Bruhat Bengaluru Mahanagara Palike and certain other Law (Amendment) Act, 2023(Karnataka Act No.37/2024 issued by 2nd Respondent produced at Annexure-P is ultravires to the Constitution of India and quash the same; HC-KAR NC: 2025:KHC:26669 viii) Issue any other appropriate writ or order or direction to the respondents as deemed fit in the circumstances of the case in the interest of justice and equity."

Pending consideration of the captioned writ petition, learned counsel appearing for the petitioner submits that in view of urgency, the petitioner has paid the entire demand raised by the BBMP Officials. Now, the Karnataka Municipal Corporations and Certain Other Law (Amendment) Act, 2022 (Karnataka Act No.01 of 2022 and the Karnataka Municipal Corporations and Certain Other Law (Amendment) Act, 2023 are hereby quashed and set-aside by the reported judgment in W.P.No.23086/2022 and connected matters and held ultra virus.

Therefore, the writ petition is liable to be disposed off with an observation that the entire property tax demand deposited by the petitioner will be subject to outcome of the pending writ appeal filed by the BBMP. HC-KAR NC: 2025:KHC:26669 In that view of the matter, the writ petition stands disposed off. Pending applications, if any, are also disposed off. (SACHIN SHANKAR MAGADUM) JUDGE

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