Sri K S Bharath Vs State of Karnataka — Writ and Judicial Review | Karnataka HC (2025)

Sri K S Bharath Vs State of Karnataka — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

None of the seven prayers was independently adjudicated. The writ petition was disposed of in light of the reported judgment in W.P.No.23086/2022 and connected matters (which had quashed the Amendment Acts), with the observation that the entire property tax demand deposited by the petitioner will be subject to the outcome of the pending BBMP writ appeal; pending applications, if any, also disposed of.

Issue for consideration

Whether the Karnataka Municipal Corporations and Certain Other Law (Amendment) Act, 2021 (Act No.1/2022, gazetted 13.01.2022, Annexure-J) is ultravires and unconstitutional and liable to be quashed. +6 more

Court's answer

On the position that the Karnataka Municipal Corporations and Certain Other Law (Amendment) Act, 2022 (Karnataka Act No.01 of 2022) and the corresponding 2023 Amendment Act had been quashed and set aside as ultra vires by the reported judgment in W.P.No.23086/2022 and connected matters, this court held the captioned writ petition liable to be disposed of.

Ratio / Principle

The entire property tax demand deposited by the petitioner was directed to remain subject to the outcome of the pending writ appeal filed by the BBMP.

Key takeaways

In that view of the matter, the writ petition stands disposed of.ratio¶53
Pending applications, if any, stand disposed of.ratio¶55

Detailed headnote1 paragraphs

High Court of Karnataka (Sachin Shankar Magadum, J.), Oral Order dated 16.07.2025 in W.P. No. 14091 of 2025 (LB-BMP): The petitioner (Sri. K.S. Bharath), who had paid the entire BBMP demand under notice dt.28.01.2025 (comprising scrutiny fee, licence fee, betterment fee, security deposit, ground rent with GST, BWSSB/Ring Road/slums/MRTS cesses, administrative charges and labour cess), had sought quashing of the Karnataka Municipal Corporations and Certain Other Law (Amendment) Act, 2021 (Act No.1/2022), BBMP office order and circular, s.18-A of the Karnataka Town and Country Planning Act, 1961 (via Karnataka Act 23/2004), amended Rules 37-A/37-C, and the Bruhat Bengaluru Mahanagara Palike (Amendment) Act, 2023 (Karnataka Act No.37/2024). Without adjudicating the prayers, the court disposed of the petition on noting that the amendment acts had already been quashed and set aside as ultra vires in the reported judgment in W.P.No.23086/2022 and connected matters, directing that the deposited property-tax demand remain subject to the outcome of the pending BBMP writ appeal.

Cite this judgement

Sri K S Bharath v. State of Karnataka, WP/14091/2025 (KA), decided on 16 July 2025.

The High Court of Karnataka publishes no neutral citation for this judgement — cite it by case number and date of decision.

Cases cited1

W.P.No.23086/2022 and connected mattersRelied on¶48

Open Authorities

Statutes8

Constitution of IndiaArticles 226 and 227
Karnataka Municipal Corporations and Certain Other Law (Amendment) Act, 2021Karnataka Municipal Corporations and Certain Other Law (Amendment) Act, 2021 Act No.1/2022 dated 13.01.2022
Karnataka Municipal Corporations and Certain Other Law (Amendment) Act, 2022the Karnataka Municipal Corporations and Certain Other Law (Amendment) Act, 2022 (Karnataka Act No.01 of 2022
Karnataka Municipal Corporations and Certain Other Law (Amendment) Act, 2023the Karnataka Municipal Corporations and Certain Other Law (Amendment) Act, 2023 are hereby quashed

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Procedural history4

Principal impugned measure: Karnataka Municipal Corporations and Certain Other Law (Amendment) Act, 2021 (Act No.1/2022) dated 13.01.2022, notified vide No.DPAL 50 SHASANA 2021, gazetted 13.01.2022 (Annexure-J), challenged as ultravires/unconstitutional (prayer i). Also impugned: Office Order No.ADTP/PR/461/2021-22 dt.09.03.2022 by R.4 (Annexure-K); demand notice No.BBMP/EoDB/CH/45431/24-25 dt.28.01.2025 by R.5 (Annexure-H) qua enumerated fees/cesses; Circular No.He.Ni.Ka.Pa.Ko/P.R/320/2020-21 dt.14.08.2020 by R.4 (Annexure-L); s.18-A(i) & (iv) of Karnataka Town and Country Planning Act, 1961 as brought by Karnataka Act No.23 of 2004; Notification No.UDD 3 TTP 2015 dt.25.02.2020 (Annexure-N) qua amended Rules 37-A and 37-C; and the Bruhat Bengaluru Mahanagara Palike and certain other Law (Amendment) Act, 2023 (Karnataka Act No.37/2024) (Annexure-P).State of Karnataka (amending legislation enacted by the second respondent); Bruhat Bangalore Mahanagara Palike (office order, circular, demand notice) · 2022-01-13
Pending consideration of the writ petition, learned counsel submitted that, in view of urgency, the petitioner paid the entire demand raised by the BBMP officials.
By the reported judgment in W.P.No.23086/2022 and connected matters, the Karnataka Municipal Corporations and Certain Other Law (Amendment) Act, 2022 (Karnataka Act No.01 of 2022) and the Karnataka Municipal Corporations and Certain Other Law (Amendment) Act, 2023 were quashed and set aside and held ultra vires.

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Bench / Coram

Sachin Shankar Magadum

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