M M Charities Vs State of Karnataka

A REGISTERED TRUST, HAVING ITS REGISTERED OFFICE AT NO.12, 3^RD MAIN ROAD, NEW THARAGUPET, BANGALORE – 560 002, REPRESENTED BY ITS MANAGING TRUSTEE SRI. T. MAHAMUNI

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…PETITIONER

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Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA

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(BY SRI. VIVEKANANDA T.P., ADVOCATE)

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AND:

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STATE OF KARNATAKA REPRESENTED BY ITS SECREETARY, HOME DEPARTMENT, (POLICE SUPPORTED SERVICES AND CO OPERATION), VIDHANA SOUDHA, DR. AMBEDKAR VEEDHI, BANGALORE – 560 001.

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NC: 2026:KHC:4835 WP No. 11162 of 2020

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HC-KAR

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THE DIRECTOR GENERAL OF POLICE AND OFFICE OF THE DIRECTOR GENERAL OF FIRE FORCE AND EMERGENCY SEVICES, NO. 1, ANNASWAMY MUDALIAR ROAD, BANGALORE – 560 041.

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…RESPONDENTS

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(BY SMT. B.P. RADHA, AGA)

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THIS WP IS FILED PRAYING TO QUASH THE GOVERNMENT ORDER DATED 27.10.2017 ISSUED BY THE FIRST RESPONDENT AT ANNEXURE-E AND THE GOVERNMENT ORDER DATED 13.09.2019 ISSUED BY THE R-1 AT ANNEXURE-F, QUASH THE DEMAND NOTE DATED 07.09.2020 ISSUED BY THE SECOND RESPONDENT DEMANDING FROM THE PETITIONER A SUM OF RS.9,29,100/- AT ANNEXURE-F ETC.

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THIS PETITION, COMING ON FOR PRELIMINARY

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HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL

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NC: 2026:KHC:4835 WP No. 11162 of 2020

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HC-KAR

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ORAL ORDER

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Dispute raised in this petition is with regard to the demand raised by 2^nd respondent, Fire Force and Emergency Services calling upon the petitioner for payment of fee for issuance of ‘No Objection Certificate’, which is required for the purpose of grant of development building plan.

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The learned counsel for petitioner referring to the order dated 24.09.2019 passed by the Co-ordinate Bench of this Court in WP No.31197/2018 and other connected matters wherein the Co-ordinate Bench of this Court, taking note of the modified Government Order dated 13.09.2019 and also the submission made by the learned counsel therein while quashing the Government Order dated 27.10.2017, has reserved the liberty to the respondent therein to issue a fresh demand in terms of the modified Government Order dated 13.09.2019. The Co-ordinate Bench had also observed that, if in the event petitioner therein had paid any excess amount the same shall be refunded to them or adjusted towards a fresh demand to be

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NC: 2026:KHC:4835 WP No. 11162 of 2020

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HC-KAR

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made. The learned counsel for petitioner also referred to another order of Co-ordinate Bench of this Court dated 28.08.2024 passed in W.P. No.41423/2019 and connected matters wherein following the earlier order dated 24.09.2019, the petitions were disposed off on similar line. Thus the learned counsel for petitioner submits that the present petition raising similar issue may also be disposed off with a similar direction to the respondents to raise a fresh demand in terms of modified Government Order dated 13.09.2019 with further direction to

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the respondents to adjust the amount already paid and if found in excess, to the demand made to be refunded. The submission is taken on record.

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In response though the counsel for learned AGA do not dispute the orders passed by this Court, however, submits that the petitioner in this petition has also sought for quashing of the Government Order dated 13.09.2019. She further submits that subsequent, thereof another Government Order dated 15.07.2024 has been issued wherein the amount has been further enhanced by 10% compared to 2017 and 2019 Government orders.

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NC: 2026:KHC:4835 WP No. 11162 of 2020

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HC-KAR

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Be that as it is, since the petitioner had made applications in terms of 2017 Government Order, and in the light of the said application being pending consideration and the subsequent modified order having come into effect on 13.09.2019, the respondent - State shall consider the application with reference to the said modified Government Order, that is from the date of pendency of the applications and not the subsequent Government Order dated 15.07.2024.

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With the above observations, writ petition is disposed off in terms of the orders dated 24.09.2019 referred to above passed in Co-ordinate Bench of this Court in W.P. No.31197/2018 and other connected matters.

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SD/(M.G.S. KAMAL) JUDGE

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LL

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List No.: 3 Sl No.: 1

M M Charities v. State of Karnataka

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M M Charities v. State of Karnataka

Case brief

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