Petitioner challenged a municipal tax demand notice but counsel retired after petitioner's non-appearance; the court permitted the retirement and dismissed the petition for non-prosecution with liberty to reapply demonstrating bona fides.
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NC: 2024:KHC:50668 WP No. 4112 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF DECEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 4112 OF 2024 (LB-TAX)
BETWEEN:
HOTEL PARAAG LIMITED NO 3, CUBBON ROAD , RAJ BHAVAN ROAD BENGALURU -560 001 REPRSENTED BY ITS MANAGING DIRECTOR MR. RAMESH S.JANNU
…PETITIONER
AND:
Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA
(BY SMT.SUMANA BALIGA M., ADVOCATE)
NC: 2024:KHC:50668 WP No. 4112 of 2024
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH DEMAND NOTICE DATED: 03.01.2024 AT ANNEXURE-E BEARING NO.W-110/JAN/2023-24/312910 ISSUED BY THE R-2 AND GRANT AN INTERIM ORDER TO STAY DEMAND NOTICE DATED: 03.01.2024 AT ANNEXURE-E BEARING NO. W-110/JAN/2023-24/312910 ISSUED BY THE R-2.
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 petitioner has called in question the Demand Notice dated 03.01.2024 [Annexure-E]. This Court, on two occasions, viz., 29.08.2024 and 21.11.2024 has passed peremptory Orders because none appeared for the petitioner. Smt. Sumana Baliga M, the learned counsel for the respondents, had in fact submitted that the petition could be disposed of if the petitioner has availed the benefit under One Time Settlement Scheme.
NC: 2024:KHC:50668 WP No. 4112 of 2024
Sri Nithyananda K R, the learned counsel on record for the petitioner, files a memo for retirement enclosing a copy of the letter addressed to the petitioner and the returned postal cover. This Court is of the considered view that not only Sri Nithyananda K R should be permitted to retire but also the petition must be dismissed for nonprosecution with liberty to the petitioner to file application to show its bona fides and also demonstrate that the cause subsists.
The memo and the petition stand disposed of accordingly.
Sd/(B M SHYAM PRASAD) JUDGE
AN/-
1 provisions across 1 enactments
Hotel Paraag Limited
The Commissioner, Bruhat Bengaluru Mahanagara Palike (BBMP)
The Assistant Revenue Officer, Vasanthnagar Sub Division, BBMP
The Joint Commissioner (East), BBMP
B M Shyam Prasad
As recorded by the court registry
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