Quashed

M/S G Corp Spaces Private Limited v. the State of Karnataka

Karnataka HC12 Aug 2022WP/41967/2018

Case brief

AI extract

What is this about?

Petitioner challenged a demand notice requiring fire clearance fees under an earlier government order. The court quashed the notice as superseded by a newer government order issued in 2019 which had already been upheld in a coordinate bench.

What did the court decide?

Demand Notice dated 29.08.2018 quashed; liberty to issue fresh demand notice under 13.09.2019 GO; excess payments to be refunded.

M/S G Corp Spaces Private Limited Vs the State of Karnataka — Karnataka HC (2022) — LawSathi Research

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 12^TH DAY OF AUGUST, 2022

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BEFORE

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THE HON’BLE MRS. JUSTICE K.S. HEMALEKHA

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WRIT PETITION No.41967/2018 (GM-RES)

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BETWEEN:

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M/S. G. CORP SPACES PRIVATE LIMITED, A COMPANY INCORPORATED UNDER THE PROVISIONS OF THE COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT NO.21119, CRAIG PARK LAYOUT, OFF M.G. ROAD, BANGALORE – 560 001 REP. BY ITS AUTHORIZED REPRESENTATIVE MR. RAMESH .N S/O. NANJUNDAPPA .M AGED ABOUT 52 YEARS. ... PETITIONER

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(BY SMT. LATHA S. SHETTY, ADVOCATE FOR SMT. ANUPARNA BORDOLOI, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA REP. BY ITS ADDITIONAL CHIEF SECRETARY, HOME DEPARTMENT, VIDHANA SOUDHA, BANGALORE – 560 001.

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THE DIRECTOR GENERAL OF POLICE AND FIRE FIGHTING & EMERGENCY SERVICES NO.1, ANNASWAMY MODALIYAR ROAD, BANGALORE – 560 042. ... RESPONDENTS

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(BY SRI KIRAN KUMAR, HCGP FOR R-1 AND R-2)

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THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE

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GOVERNMENT ORDER DATED 27.10.2017 ISSUED BY THE RESPONDENT REVISING THE FEE TOWARDS ISSUANCE OF REVISED NO OBJECTION CERTIFICATE FOR FIRE CLEARANCE AS HIGHLY ARBITRARY AND ILLEGAL (ANNEXURE-A); AND ETC.

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THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:-

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O R D E R

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The petitioner in the present petition is seeking to quash the Government Order dated 27.10.2017 revising the fee towards issuance of Revised No Objection Certificate for Fire Clearance vide AnnexureA and Demand Notice dated 29.08.2018 demanding payment of fee at the rate of Rs.50/- per Sq. Meter for issuance of No Objection Certificate vide Annexure-B.

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Heard Smt. Latha S. Shetty, learned counsel appearing on behalf of Smt. Anuparna Bordoloi, learned counsel for the petitioner and Sri. Kiran Kumar, learned HCGP for respondent Nos.1 and 2.

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3. Learned counsel for the petitioner submits

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that the rates mentioned in Government Order dated 27.10.2017 have been modified by issuing a New Government Order dated 13.09.2019 and taking note of this fact the Co-Ordinate Bench of this Court has quashed the Government Order dated 27.10.2017 in WP No. 31197/2018 (GM-RES) and connected petitions and seeks for disposal of this petition on similar terms.

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Sri. Kiran Kumar, learned HCGP does not dispute that the Government Order dated 27.10.2017 has been quashed in WP No.31197/2018 and connected petitions and also that a new Government Order dated 13.09.2019 has been issued by the respondent.

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5. Heard the learned counsel for the parties

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and perused the order in WP No.31197/2018 and connected petition.

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This Court vide Order dated 24.09.2019 disposed of the WP No.31197/2018 with the following observation is as under:

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“7. In view of the aforesaid submissions and in the facts of the case, impugned demand notices are hereby quashed and set-aside. Needless to state that respondents are at liberty to issue fresh demand notices in terms of the Government Order dated 13.09.2019. Needless to state that petitioners are at liberty to challenge the Government Order dated 13.09.2019, if so advised. Needless to state that if petitioners have made excess payment, same shall be refunded to them.”

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In light of submission of the learned

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counsels and in view of order in the writ petition stated supra, this Court pass the following:

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ORDER

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i. The impugned Demand Notice dated 29.08.2018

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at Annexure-B is hereby quashed.

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ii. It is needless to observe that respondents are at liberty to issue fresh Demand Notice in terms of the Government Order dated 13.09.2019.

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iii. It is always open for the petitioner to challenge the Government Order dated 13.09.2019, if so advised, in accordance with law.

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iv. In the event, if any excess amount is paid by the

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petitioner, the same shall be refunded.

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In the above terms, the writ petition is disposed

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of.

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Sd/JUDGE

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MBM

M/S G Corp Spaces Private Limited v. the State of Karnataka

Case brief

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M/S G Corp Spaces Private Limited v. the State of Karnataka

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