Petitioner challenged a 2017 Government Order revising rates for NOC charges. Court disposed of the writ petition as no longer res integra due to a subsequent order in an earlier related petition (W.P. No.31197/2018) which had already quashed the impugned order.
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NC: 2024:KHC:19838 WP No. 987 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR. JUSTICE K. V. ARAVIND
WRIT PETITION No. 987 OF 2019 (GM-RES)
BETWEEN:
Digitally signed by VALLI MARIMUTHU Location: High Court of Karnataka
SITE ADDRESS: SY.No.42/4B AND 42/C, OF KONAPPANA, AGRAHARA VILLAGE & SY No.13/1 OF DODDANAGAMANGALA VILLAGE, BEGUR HOBLI, BENGALURU SOUTH TALUK, KARNATAKA, BANGALORE-560 100. REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, MR. SATISH P. CHANDRA,
…PETITIONER
(BY SRI P. B.RAJU, ADVOCATE)
AND:
NC: 2024:KHC:19838 WP No. 987 of 2019
FIRE FIGHTING AND EMERGENCY SERVICES DEPARTMENT, No.1, ANNASWAMY MUDALIAR ROAD, BENGALURU-560 042.
…RESPONDENTS
(BY SRI S.H. RAGHAVENDRA, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE GOVERNMENT ORDER No.196/2017 DATED 27.10.2017 ISSUED BY THE R-1 REVISING THE RATES, INCLUDING CHARGES FOR ISSUE OF NO OBJECTION CERTIFICATE FOR ISSUE OF SANCTIONED PLAN BY THE KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD FOR CONSTRUCTION OF BUILDINGS OTHER THAN TAXES IMPOSED BY THE FIRE DEPARTMENT AS CONTAINED IN ANNEXURE-G AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R
The petitioner is challenging the Government Order No.196/2017 dated 27.10.2017 issued by respondent No.1 revising the rates including charges for issue of NOC for sanctioned plan by Karnataka Industrial Area Development Board for construction of building.
24.09.2019 wherein considering the statement made by
the learned Additional Government Advocate, the writ petitions are disposed of. Learned counsel prays for the similar relief in the present petition.
dispute the submission made by learned counsel for the petitioner.
and the controversy adjudicated by this Court in W.P. No.31197/2018.
No.31197/2018 reads as under:
" Heard the learned counsel for the petitioners and the learned Additional Government Advocate for the respondents.
2. Petitions are admitted for hearing. With the consent of the parties, same are heard finally.
3. In these petitions under Articles 226 & 227 of the Constitution of India, the petitioners inter alia have prayed for quashment of the Government Order dated 27.10.2017 and demand notices issued thereon.
4. When the matter was taken up today, learned Additional Government Advocate has filed a memo in which it is pointed out that rates
NC: 2024:KHC:19838 WP No. 987 of 2019
mentioned in the Government Order dated 27.10.2017 have been modified by issuing new Government Order dated 13.09.2019.
5. In view of the aforesaid submission, learned counsel for the petitioners submit that demand notices issued on the strength of the Government Order dated 27.10.2017 be quashed and respondents be granted liberty to issue demand notices in terms of the Government Order dated 13.09.2019.
6. To the aforesaid prayer, learned Additional Government Advocate submits that suitable action in accordance with law shall be taken.
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."
present writ petition is no more res integra. This petition is disposed of in terms of the order dated 24.09.2019 in
W.P. No.31197/2018.
Sd/JUDGE
VBS/List No.: 1 Sl No.: 5
M/s Global Techpark Pvt. Ltd.
The State of Karnataka
The Director General of Police
K. V. Aravind
As recorded by the court registry
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