Allowed

Stree Samaja Middle School v. the State of Karnataka

Karnataka HC10 Jul 2023WP/2066/2023

Case brief

AI extract

What is this about?

The High Court allowed a writ petition filed by an educational institution challenging a property tax demand. Noting that an amendment to the BBMP Act reintroduced exemption clauses for educational institutions, the Court quashed the demand notice and a circular issued by the BBMP Commissioner.

What did the court decide?

The impugned demand notice dated 18.01.2023 and the circular dated 29.03.2021 were quashed and set aside.

Stree Samaja Middle School Vs the State of… — Education and Admissions | Karnataka HC (2023)

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NC: 2023:KHC:23790 WP No. 2066 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 10^TH DAY OF JULY, 2023

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BEFORE

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THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 2066 OF 2023 (LB-TAX)

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BETWEEN:

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STREE SAMAJA MIDDLE SCHOOL ESTABLISHED AND RUN BY SESHADRIPURAM EDUCATIONAL TRUST, REGISTERED UNDER THE INDIAN TRUST ACT 1962, NO.27, NAGAPPA STREET, BANGALORE-560020 REPRESENTED BY ITS HON-GEN.SECRETARY, DR WOODAY P KRISHNA, S/O LATE W H PUTTAIAH, AGED ABOUT 59 YEARS.

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…PETITIONER

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Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA

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(BY SRI. GOUTHAM A. R, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA REP BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF URBAN DEVELOPMENT, M.S.BUILDING, DR AMBEDKAR ROAD, BANGALORE-560001

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BRUHAT BANGALORE MAHANAGARA PALIKE REPRESENTED BY ITS COMMISSIONER, N R SQUARE, BENGALURU

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NC: 2023:KHC:23790 WP No. 2066 of 2023

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KARNATAKA-560002

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ASSISTANT REVENUE OFFICER BRUHAT BENGALURU MAHANAGARA PALIKE GANDHINAGAR SUB DIVISION BANGALORE-560053

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…RESPONDENTS

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(BY SRI. NITHYANANDA K.R., AGA FOR R1 SRI. B.V. MURALIDHAR, ADVOCATE FOR R2 & R3)

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THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT THE PRIVATE EDUCATIONAL INSTITUTIONS ESTABLISHED AND ADMINISTERED WITHIN BRUHAT BANGALORE MAHANAGARA PALIKE AREA ARE NOT LIABLE TO PAY PROPERTY TAX UNDER THE BRUHAT BANGALORE MAHANAGARA PALIKE ACT 2020 AND ETC.,

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

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ORDER

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R.DEVDAS J., (ORAL):

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The petitioner, an educational institution is before this Court aggrieved of the demand notice dated 18.01.2023 raised by the respondent-Bruhat Bengaluru Mahanagara Palike, seeking payment of property tax. The petitioner has also called in question the provisions

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3 - NC: 2023:KHC:23790 WP No. 2066 of 2023

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contained in Section 152(1)(i)(b) of the Bruhat Bengaluru Mahanagara Palike Act, 2020 (hereinafter referred to as the ‘BBMP Act’ for short); Circular dated 29.03.2021 issued by the second respondent-Commissioner, BBMP etc.

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It appears that the Karnataka Municipal

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Corporations Act, 1976 which was earlier governing the municipal area including the BBMP had a provision contained in Section 110 of the said Act, granting exemption from payment of property tax to educational institutions which were established for the purpose of education, recognized by the Government or local

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authority. However, on the enactment of the BBMP Act, 2020, such a provision was discontinued in the similar provision contained in Section 152 of the Act. Nevertheless, when many such institutions filed writ petitions before this Court and interim orders were passed by this Court, the State Government appears to have taken note of the same and amended the provisions

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4 - NC: 2023:KHC:23790 WP No. 2066 of 2023

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contained in Section 152(1)(i)(b) of the BBMP Act, on 10.03.2023 substituting the provision re-introducing similar provisions that were earlier available in the Karnataka Municipal Corporations Act, 1976, to exempt such educational institutions from payment of property tax. In view of the same, all such writ petitions which were pending consideration before this Court were disposed of including the case of the Management Association of Schools, Karnataka and Another Vs. the State of Karnataka and Others in W.P.No.12954/2001 dated 17.04.2023. Learned Counsel

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for the respondent-BBMP submits that similar orders may be passed in this writ petition taking note of the amendment brought to the BBMP Act.

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Consequently, this Court proceeds to pass the following order:

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i) Writ petition is allowed .

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5 - NC: 2023:KHC:23790 WP No. 2066 of 2023

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ii) The impugned demand notice dated 18.01.2023 at Annexure ‘J’ is hereby quashed and set aside.

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iii) In view of the amendment brought to Section 152(1)(i)(b) of BBMP Act, the Circular which has been issued on 29.03.2021 is also quashed.

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Needless to observe that if the petitioner has deposited any amount before the BBMP or in terms of any interim orders that are passed by this Court, the same shall be adjusted to future tax payment due from the petitioner.

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Ordered accordingly.

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Sd/JUDGE

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JT/-

Stree Samaja Middle School v. the State of Karnataka

Case brief

What is this about?

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Stree Samaja Middle School v. the State of Karnataka

Case brief

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