Single Judge disposed the intra-court appeal as academic because the direction to issue property tax receipts was complied with. Liberty was reserved if fraud was proven.
Appeal disposed as academic with liberty reserved to Gram Panchayath if fraud is proved.
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WA No. 201 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF JANUARY, 2023
PRESENT
THE HON'BLE MR JUSTICE ALOK ARADHE
AND
THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY WRIT APPEAL NO. 201 OF 2021 (LB-TAX)
BETWEEN:
DEVELOPMENT OFFICER.
…APPELLANTS
Digitally signed by B A KRISHNA KUMAR Location: High Court of Karnataka
(BY SRI B.J. SOMAYAJI., ADV.)
AND:
S/O LATE DEVAPPA AGED ABOUT 62 YEARS R/AT NO. 343, M.V. NAGAR BANGARPET, BEML NAGAR KOLAR - 563 115.
WA No. 201 of 2021
WA No. 201 of 2021
R/AT NO.55, 3RD CROSS LAKSHMI NARAYANA PURAM SRIRAMPURA POST BENGALUR - 560 021.
…RESPONDENTS
(BY SRI B. RAJENDRA PRASAD, HCGP FOR R-1; SMT. B.V. VIDYULATHA, ADV., FOR R-2 TO R-10)
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT, PRAYING TO SET ASIDE THE ORDER DATED: 08/12/2020 IN WP NOS.7809/2020, 7874/2020, 7898/2020, 7912/2020, 7916/2020, 7957/2020, 7962/2020, 7966/2020, 8017/2020.
THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ALOK ARADHE J., DELIVERED THE FOLLOWING:
JUDGMENT
This intra court appeal has been filed against an order dated 08.12.2020 passed in W.P.No.7809/2020 c/w W.P.Nos.7874/2020, 7898/2020, 7912/2020, 7916/2020, 7957/2020, 7962/2020, 7966/2020, 8017/2020 by which writ petitions preferred by the respondents had been disposed of with direction to Bagaluru Gram Panchayath (hereinafter referred to as the "appellant") to issue receipts to the respondents with regard to payment of property tax.
are that the respondents had purchased the scheduled site by registered sale deed. On the basis of the registered sale deed
WA No. 201 of 2021
executed in favour of respondents by the Gram Panchayath. The Gram panchayath thereafter started collecting tax from the year 2002 till 2017-18. However, the Gram Panchayath stopped collecting the property tax from the year 2019. The respondents, thereupon filed a writ petition in which inter alia direction was sought to the Gram Panchayath to collect property tax and to issue receipts.
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already been complied with, it is not necessary for us to examine the validity of the order passed by the learned Single judge as the same has been rendered academic. However, liberty is reserved to the Gram Panchayath to proceed in the matter, if so advised in case, the khatha has been issued in favour of respondents by playing fraud or illegal.
disposed of.
SD/JUDGE
SD/JUDGE
NMS
Bengaluru Zilla Panchayat
Bagaluru Grama Panchayat
State of Karnataka
Sri B. Nagaraja
Sri Bhojendra S/O Late Devappa
Smt. S. Vani
Alok Aradhe
S Vishwasheth Shetty
As recorded by the court registry
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