Petition challenging BBMP demand notices under Section 144(15)(e) of the BBMP Act, 2020. Petitioner proposed to avail a One Time Settlement scheme lapsing on 30.11.2024; respondents agreed to dispose with such liberty and no precipitation until then.
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NC: 2024:KHC:46618 WP No. 3933 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 3933 OF 2024 (LB-TAX)
BETWEEN:
SRI. H. M. KRISHNA S/O MANCHEGOWDA, AGED ABOUT 61 YEARS, R/AT NUMBER 479/A, 16TH CROSS, NEAR R.C HOSPITAL, IDEAL HOMES TOWNSHIP VTC, BENGALURU SOUTH, P.O RAJARAJESHWARINAGAR, SUB DISTRICT-BENGALURU SOUTH, DISTRICT-BENGALURU-560098 (SENIOR CITIZEN BENEFIT NOT CLAIMED) …PETITIONER
Digitally signed by ANAND N Location: HIGH COURT OF KARNATAKA
(BY SRI. HARIPRASAD M B., ADVOCATE)
AND:
REPRESENTED BY ITS COMMISSIONER
…RESPONDENTS
(BY MS. SPOORTHI V., HCGP FOR R1; MR. B.S.KARTHIKEYAN, ADVOCATE FOR R2 TO R4)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED DEMAND NOTICES, ALL DTD 07.12.2023, ISSUED BY RESPONDENT-5, BEARING NOS. ARO (RRN) /W -160/PR-747/202021, ARO (RRN)/W-160/PR-748/2020-21,ARO (RRN)/W-160/PR-749/2020-21, ARO (RRN)/W160/PR-750/2020-21,AR (RRN)/W-160/PR751/2020-21, ARO (RRN)/W-160/PR-752/2020-21, VIDE ANNEXURE-E TO K; DIRECT THE RESPONDENT AUTHORITIES, TO REFRAIN FROM FURTHER PROCEEDINGS AND NOT TO TAKE ANY SUCH MEASURES/STEPS IN RESPECT OF THE IMPUGNED DEMAND NOTICES DTD 07.12.2023, ISSUED BY R5, BEARING NOS. ARO (RRN) /W - 160/PR-747/2020-21, ARO (RRN)/W-160/PR748/2020-21,ARO (RRN)/W-160/PR-749/2020-21, ARO (RRN)/W-160/PR-750/2020-21,AR (RRN)/W160/PR-751/2020-21, ARO (RRN)/W-160/PR752/2020-21 VIDE ANNEXURE-E TO K; ISSUE WRIT PROHIBITING THE RESPONDENTS NOT TO PROCEED WITH ANY FURTHER STEPS OR MEASURES OR ANY SUCH KIND OF INITIATIVES
COERCIVE IN NATURE PERTAINING TO TAKING OVER THE POSSESSION OF IMMOVABLE PROPERTY BELONGING TO THE PETITIONER, DTD 07.12.23 BEARING NOS. ARO (RRN) /W -160/PR747/2020-21, ARO (RRN)/W-160/PR-748/202021,ARO (RRN)/W-160/PR-749/2020-21, ARO (RRN)/W-160/PR-750/2020-21,AR (RRN)/W160/PR-751/2020-21, ARO (RRN)/W-160/PR752/2020-21 VIDE ANNEXURE-E TO K ISSUED BY R5.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE B M SHYAM PRASAD
ORAL ORDER
The learned counsel for the petitioner submits
that the present petition is filed impugning the orders under Section 144(15)(e) of the Bruhat Bengaluru Mahangara Palike Act, 2020 and that the petitioner proposes to avail the benefit of One Time Settlement [OTS] Scheme which is scheduled to lapse on 30.11.2024.
Sri. B. S. Karthikeyan, a learned standing
counsel for the second to fourth respondents, submits that the petition could indeed be disposed of
NC: 2024:KHC:46618 WP No. 3933 of 2024
with liberty to the petitioner to avail the benefit of
OTS and also informs the Court that there would be
no precipitation until 01.12.2024.
With the aforesaid observations, the petition
stands disposed of accordingly.
SD/(B M SHYAM PRASAD) JUDGE
RB
1 issue framed by the court
Whether the demand notices issued under Section 144(15)(e) of the BBMP Act, 2020 should be quashed.
1 provisions across 1 enactments
Sri H. M. Krishna
The State of Karnataka
Bruhath Bengaluru Mahanagara Palike
The Joint Commissioner, BBMP, Rajarajeshwari Nagar Zone
The Assistant Revenue Officer, BBMP, Rajarajeshwar Nagar Sub Division
B M Shyam Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
