M/S Vantage Advertising Private LTD vs. State Of Karnataka

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RP/523/2025HC KarnatakaGSTCNR KAHC01076471202530 September 2026Bench: R DEVDAS4 pages
For Petitioner: SRI. SANDEEP LAHIRI, SMT. DEEPIKA JOSHI, SMT. SOUMYA ANANTH AND SRI. GURURAJ U, ADVOCATESFor Respondent: SMT. VAHEEDA, AGA FOR R1; SRI. K.B. MONESH KUMAR, ADVOCATE FOR R2 TO R5
AI SummaryAllowed

Facts

The petitioner, M/s Vantage Advertising Private Ltd, filed a writ petition (W.P.No.15963/2023) challenging demand notices issued by the Bruhat Bengaluru Mahanagara Palike (BBMP) for payment of Ground Rent, GST at 18%, and Advertisement Fee. The petitioner contends that their writ petition was wrongly tagged with a batch of other writ petitions concerning Ground Rent, leading to its disposal along with those matters. The petitioner argues that their case primarily pertains to advertisement tax, not solely Ground Rent, and the inclusion of 'Ground Rent' in the prayer led to the misclassification. The present proceeding is a Review Petition filed under Section 114 read with Order 47 Rule 1 of the CPC, seeking to review the High Court's previous judgment dated 05.06.2025 passed in W.P.No.15963/2023.

Held

The Court allowed the Review Petition. It accepted the submission of the learned counsel for the review petitioner that the writ petition (W.P.No.15963/2023) was wrongly tagged with a batch of writ petitions pertaining to Ground Rent. The Court acknowledged that the petitioner's writ petition was disposed of along with other connected matters in the case of M/S. SAPTAGIRI SHELTERS VS. THE STATE OF KARNATAKA AND OTHERS. The Court found merit in the petitioner's contention that their writ petition, which included prayers for Ground Rent, GST at 18%, and Advertisement Fee, was primarily related to advertisement tax and was therefore wrongly associated with the Ground Rent batch. Consequently, the Court recalled its order dated 05th June, 2025, specifically concerning W.P.No.15963/2023, and restored the writ petition to its original file. The Court directed the office to list the writ petition before the appropriate Bench with the correct roster. No issue was expressly left undecided.

Key Issues

1. Whether the writ petition filed by the petitioner (W.P.No.15963/2023) was erroneously clubbed with a batch of writ petitions concerning Ground Rent, thereby leading to an incorrect disposal? Petitioner's Arguments: The petitioner argues that their writ petition was wrongly tagged with other matters dealing with Ground Rent. They assert that while Ground Rent was mentioned in the prayer, their primary grievance concerned advertisement tax. The presence of the term 'Ground Rent' in the prayer caused the misclassification. They rely on the content of their writ petition (Annexure-B) to demonstrate that it pertains to advertisement tax. Respondents' Arguments: The judgment does not record any specific arguments made by the respondents in opposition to the review petition. The Court accepted the petitioner's submission without hearing counter-arguments from the respondents.

Sections Cited

Section 114, Order 47 Rule 1

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances
- 1 - HC-KAR CNR: KAHC010764712025 NC: 2026:KHC:54320 RP No. 523 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS REVIEW PETITION NO. 523 OF 2025 BETWEEN: M/S VANTAGE ADVERTISING PRIVATE LTD A COMPANY REGISTERED UNDER COMPANIES ACT, 1956 HAVING REGISTERED OFFICE AT NO.C56, 1ST AVENUE, BLOCK K, ANNANAGAR EAST, CHENNAI, TAMIL NADU-600102. ALSO AT, 2ND FLOOR, PRIDE QUADRA, 30/4, BELLARY RD, VINAYAKANAGAR, HEBBAL, BENGALURU-560024 REP. BY ITS AUTHORIZED SIGNATORY AND SENIOR MANAGER (OPERATIONS) MR. J HARRY BENEDICT, S/O. JOSEPH PATRICK, AGED ABOUT 49 YEARS. …PETITIONER (BY SRI. SANDEEP LAHIRI, SMT. DEEPIKA JOSHI, SMT. SOUMYA ANANTH AND SRI. GURURAJ U, ADVOCATES) AND: 1. STATE OF KARNATAKA BY ITS CHIEF SECRETARY, VIDHANA SOUDHA, VIDHANAVEEDHI, BENGALURU- 560 001. Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010764712025 NC: 2026:KHC:54320 RP No. 523 of 2025 2. THE COMMISSIONER, BRUHATH BENGALURU MAHANAGARA PALIKE, N.R. SQUARE, J.C. ROAD, BENGALURU- 560 002. 3. THE EXECUTIVE ENGINEER, (TRAFFIC ENGINEERING CELL) BRUHATH BENGALURU MAHANAGARA PALIKE, N.R. SQUARE, J.C. ROAD, BENGALURU- 560 002. 4. THE CHIEF ENGINEER, BRUHATH BENGALURU MAHANAGARA PALIKE, N.R. SQUARE, J.C. ROAD, BENGALURU- 560 002. 5. THE ASSISTANT COMMISSIONER (ADVERTISEMENT) BRUHATH BENGALURU MAHANAGARA PALIKE, N.R. SQUARE, J.C. ROAD, BENGALURU- 560 002. …RESPONDENTS (BY SMT. VAHEEDA, AGA FOR R1; SRI. K.B. MONESH KUMAR, ADVOCATE FOR R2 TO R5) THIS REVIEW PETITION IS FILED UNDER SECTION 114 R/W ORDER 47 RULE 1 OF CPC 1908, PRAYING TO REVIEW OF THE JUDGMENT AND DECREE OF THIS HON’BLE COURT DATED 5.06.2025 PASSED IN W.P.NO.15963/2023, WHICH WAS DISPOSED OF BY WAY OF A COMMON JUDGMENT RENDERED IN WP NO.23086/2022 AND OTHER CONNECTED MATTERS, IN SO FAR AS IT RELATES TO THE PETITIONER. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR CNR: KAHC010764712025 NC: 2026:KHC:54320 RP No. 523 of 2025 CORAM: HON'BLE MR. JUSTICE R DEVDAS

ORAL ORDER

Learned Counsel for the review petitioner submits that the writ petition filed by the review petitioner in W.P.No.15963/2023(LB/BMP) was wrongly tagged with a batch of writ petitions, which were heard by this Court pertaining to Ground Rent and the writ petition has been disposed of along with the batch of writ petitions in W.P.No.230806/2022 (LB-BMP) and connected petitions in the case of M/S. SAPTAGIRI SHELTERS VS. THE STATE OF KARNATAKA AND OTHERS.

2.

Learned Counsel points out to Annexure-B which is a copy of the writ petition filed by the review petitioner, where the prayer in the writ petition is in respect of Demand Notices issued by the BBMP for payment of Ground Rent, GST at 18%, Advertisement Fee, etc. Learned Counsel submits that since the word ‘Ground Rent’ was found in the prayer, the writ petition was wrongly connected with the other petitions. The writ HC-KAR

CNR: KAHC010764712025 NC: 2026:KHC:54320 RP No. 523 of 2025

petition filed by the petitioner pertains to advertisement tax.

3.

Accepting the submission made by the learned Counsel for review petitioner, the Review Petition is allowed, while recalling the order dated 05th June, 2025, insofar as W.P.No.15963/2023 is concerned, which was filed by the review petitioner herein. The writ petition is restored to its original file.

4.

Office is directed to list the writ petition before the Bench having roster.

5.

Pending Interlocutory Application(s), if any, stand(s) disposed of. (R DEVDAS) JUDGE

DL CT:SM List No.: 1 Sl No.: 30

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.