Dismissed¶38

Murudeshwar Ceramics Ltd, v. the Commissioner

Karnataka HC17 Jun 2025WP/101313/2023

Case brief

AI extract

What is this about?

Murudeshwar Ceramics Ltd v Commissioner HDMC and Warranting Officer, Zonal Office No.7.00 Hubballi-Dharwad Mahanagara Palike; WP No. 101313 of 2023 (LB-RES); demand notice No. 38BI/1776 dated 16.02.2022 (Annexure-A); warrant warning notice dated 05.03.2022 (Annexure-B); representations dated 07.03.2022, 08.03.2022, 01.04.2022, 02.04.2022 (Annexures-G, H, J, K); Karnataka Municipal Corporation Amendment Act, 2021 / Karnataka Act No.4 of 2021 challenged as unconstitutional, Articles 14, 21, 300A; filed under Articles 226 and 227; dismissed as withdrawn; Justice Pradeep Singh Yerur; Dharwad Bench; 17.06.2025.

What the court decided

AI extract

Murudeshwar Ceramics Ltd, Vs the Commissioner — Writ and Judicial Review | Karnataka HC (2025)

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1 - NC: 2025:KHC-D:7732 WP No. 101313 of 2023

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 17^TH DAY OF JUNE 2025

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BEFORE

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THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR

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WRIT PETITION NO. 101313 OF 2023 (LB-RES)

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BETWEEN:

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MURUDESHWAR CERAMICS LIMITED, NAVEEN COMPLEX, 7^TH FLOOR, 14, M.G. ROAD, BENGALURU-560001, R/BY ITS MANAGER DIRECTOR, SRI. SATHISH R. SHETTY.

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…PETITIONER

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(BY SRI. VENKATESH R. BHAGAT, ADVOCATE)

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AND:

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THE COMMISSIONER, HDMC ZONAL OFFICE, HUBBALLI-580029.

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THE WARRANTING OFFICER, ZONAL OFFICE NO.7.00 HUBBALLI-DHARWAD MAHANAGARA PALIKE, HUBBALLI-580029.

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VIJAYALAKSHMI M KANKUPPI

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Location: HIGH COURT OF KARNATAKA DHARWAD BENCH

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GOVT. OF KARNATAKA, DEPARTMENT OF PARLIAMENTARY AFFAIRS AND LEGISLATION SECRETARIAT, VIDHANA SOUDHA, BENGALURU-560001, BY ITS SECRETARY.

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DIRECTOR OF MUNICIPAL ADMINISTRATION, AMBEDKAR ROAD, 9^TH AND 10^TH FLOOR, VISHVESHWARIAH TOWER, SAMPANGI RAMA NAGAR, BENGALURU, KARNATAKA-560001.

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…RESPONDENTS

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(BY SRI. BHUSHAN KULKARNI, ADVOCATE FOR R1 AND R2; SRI. S.V. MAGADUM, AGA FOR R3 & R4; SRI. G.K. HIREGOUDAR, ADVOCATE FOR R1 & R2)

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NC: 2025:KHC-D:7732 WP No. 101313 of 2023

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HC-KAR

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO

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a) CALL FOR THE RECORDS PERTAINING TO DEMAND NOTICE IMPUGNED ORDER AT ANNEXURE-A DATED 16.02.2022 NO. 38BI/1776 PASSED BY RESPONDENT NO.2 AND WARRANT WARNING NOTICE DATED 05.03.2022 AT £ÀA.PÀgÀ

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±ÉæÃtÂ:ºÀÄ.zsÁ.ªÀÄ.¥Á:ªÀ.PÀ.£ÀA.7.00 ISSUED BY THE 2^ND RESPONDENT AT ANNEXURE-B.

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b) ISSUE A WRIT OF CERTIORARI OR ANY OTHER ORDER, WRIT OR DIRECTION QUASHING THE IMPUGNED DEMAND NOTICE AT ANNEXURE-A DATED 16.02.2022 38BI/1776 PASSED BY RESPONDENT NO.2 AND WARRANT WARNING NOTICE DATED 05.03.2022 AT £ÀA.PÀgÀ ±ÉæÃtÂ:ºÀÄ.zsÁ.ªÀÄ.¥Á:ªÀ.PÀ.£ÀA.7.00 ISSUED BY THE 2^ND RESPONDENT AT ANNEXURE-B, BY ALLOWING THE ABOVE WRIT PETITION.

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c) ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENT NO.1 AND 2 TO CONSIDER THE REPRESENTATIONS DATED 07.03.2022 AND 08.03.2022 SUBMITTED TO THE 2^ND RESPONDENT AT ANNEXURE-G AND H AND THE REPRESENTATIONS DATED 01.04.2022 AND 02.04.2022 SUBMITTED TO THE 1^ST RESPONDENT AT ANNEXURE-J AND K RESPECTIVELY.

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d) TO DECLARE THAT THE KARNATAKA MUNICIPAL CORPORATION AMENDMENT ACT, 2021 BY KARNATAKA ACT NO.4 OF 2021 (IN SHORT ACT 4/2021 DATED 18-02-2021 NO. DPAL 07 SHASANA 2021 BENGALURU AT ANNEXURE-C ISSUED BY 3^RD RESPONDENT AS UNCONSTITUTIONAL AND ULTRA VIRUS TO CONSTITUTION AND OFFENDS ARTICLE 14,21 AND 300A OF CONSTITUTION OF INDIA AND ETC.

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THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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NC: 2025:KHC-D:7732 WP No. 101313 of 2023

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HC-KAR

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ORAL ORDER

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(PER: THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR)

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