The High Court disposed of the writ petition seeking to quash a demand notice for ground rent. The court held that identical issues were already adjudicated in a batch of connected petitions dismissed by a separate order on 04.08.2021, rendering this petition referable to that precedent.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF SEPTEMBER, 2021
BEFORE
THE HON'BLE MR. JUSTICE M. NAGAPRASANNA
WRIT PETITION No.13696/2019 (LB-BMP)
BETWEEN
M/S UNICCA EMPORIS PRIVATE LIMITED HAVING ITS REGISTERED OFFICE AT 1ST FLOOR, 15, SANKEY MAIN ROAD, 10TH MAIN 6TH "A" CROSS, LOWER PALACE ORCHARD, SADASHIVANAGAR, BENGALURU – 560 003 REPRESENTED BY ITS MANAGING DIRECTOR SANJAY KUMAR CHOUDARY.
... PETITIONER
(BY SRI JEEVAN KUMAR B.S., ADVOCATE (VIDEO CONFERENCING))
AND
2
N R SQUARE, BENGALURU – 560 002.
... RESPONDENTS
(BY SRI NITHYANANDA K.R., HCGP FOR R1 (PHYSICAL HEARING) SRI S.N.PRASHANTH CHANDRA, ADVOCATE FOR R2 & R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE DEMAND NOTICE DATED 20.03.2019 (ANNEXUER-A) ISSUED BY THE R-3 TO THE EXTENT OF RS. 36,91,288/- (RUPEES THIRTY SIX LAKHS NINTY ONE THOUSAND TWO HUNDRED AND EIGHTY EIGHT) INCLUDING THE GST (31,28,210/- + 563078/-) WHICH IS CLAIMED AS GROUND RENT AND ETC.,
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Heard Sri. Jeevan Kumar B.S., learned counsel appearing for petitioner, Sri.Nithyananda.K.R., learned High Court Government Pleader for respondent No.1 and Sri.S.N.Prashanth Chandra, learned counsel appearing for respondent Nos.2 and 3 - BBMP.
were called in question in W.P.No.4601/2020 and connected cases.
3
Sd/JUDGE
nvj CT:MJ
1 issue framed by the court
Whether the writ petition should be disposed of based on the decision in W.P.No.4601/2020 and connected cases decided on 04.08.2021.
M/S Unicca Emporis Private Limited
State of Karnataka
Bruhat Bangalore Mahanagara Palike
The Joint Director Town Planning (North)
M. Nagaprasanna
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
