A welfare association sought directions for raising a tax demand on land it claimed as clubhouse/adjunct land; an applicant firm claiming absolute ownership sought impleadment amid pending civil suit. The court held the applicant a necessary party and allowed its application.
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WP NO. 29263/2024 (LB - BMP)
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
[ROYAL ENCLAVE PROPERTY OWNERS WELFARE ASSOCIATION (REPOWA) VS. THE COMMISSIONER AND ANOTHER]
15.06.2026
(VIDEO CONFERENCING / PHYSICAL HEARING)
CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD
ORAL ORDER ON I.A.No.1/2024
Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA
There is a civil dispute over certain portions of land in Sy.No.70 of Rachenahalli Village, K. R. Puram Hobli, Bengaluru East Taluk, Bengaluru. The petitioner, a Welfare Association, seeks directions to the second respondent to raise a demand for payment of arrears of tax and leave to pay such demand. The applicant, a Firm contends that it is the absolute owner of the property and the property is neither a clubhouse or adjunct land as claimed by the petitioner. The dispute between the petitioner and the applicant is pending consideration in O.S.No.9160/2018 on the file of the City Civil Judge, Bengaluru.
This Court, on 28.11.2024, has taken on record the applicant's willingness to tender the tax arrears under the One Time Settlement [OTS] as this Court has taken on record the submissions on behalf of the petitioner by Mr.
Dhananjay V. Joshi, the learned Senior counsel, that the petitioner will not insist upon making payment of tax if the applicant wants to pay taxes under OTS. Thereafter, in terms of the liberty granted, the applicant's representative has filed affidavits.
These circumstances do persuade this Court to opine that applicant is a necessary party for the present proceedings, and therefore, the application [I.A.No.1/2024] is allowed calling upon the learned counsel on record for the petitioner to carry out amendment dispensing with filing of amended writ petition.
The petition stands disposed of by a separate order.
(B M SHYAM PRASAD) JUDGE
RB
List No.: 1 Sl No.: 16
1 issue framed by the court
Whether the applicant firm claiming ownership of the disputed property should be impleaded as a necessary party in the writ proceedings.
Royal Enclave Property Owners Welfare Association (REPOWA)
The Commissioner
The applicant Firm
B M SHYAM PRASAD
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
