Dismissed¶41

The Suavity Otium Residents Welfare Association v. State of Karnataka

Karnataka HC12 Jan 2026WP/31900/2024

Case brief

AI extract

What is this about?

Writ petition dismissed as withdrawn (not pressed) — Article 226 petition challenging Karnataka Municipal Corporations and Certain Other Law (Amendment) Act, 2021 (No.1/2022, DPAL 50 SHASANA 2021, gazetted 13.01.2022) and BBMP demand notice dated 05/06.11.2024 (Ground Rent Rs.48,71,500/-; GST Rs.14,93,248/-; licence fee Rs.9,95,499/-; FAR difference Rs.10,32,108; scrutiny fee Rs.49,775/-) abandoned after BBMP issued Final Occupancy Certificate No.L.P./212/2012-2013 on 08.12.2025; withdrawal memo accepted; no holdings on merits; LB-BMP; Bengaluru; single bench of Suraj Govindaraj, J.

What did the court decide?

Permission to withdraw the writ petition as not pressed; no substantive relief granted and no issue adjudicated. ¶41

The Suavity Otium Residents Welfare Association… — Writ and Judicial Review | Karnataka HC (2026)

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NC: 2026:KHC:1773 WP No. 31900 of 2024

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 12^TH DAY OF JANUARY, 2026

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BEFORE

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THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 31900 OF 2024 (LB-BMP)

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BETWEEN:

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Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA

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THE SUAVITY OTIUM RESIDENTS WELFARE ASSOCIATION, (REGISTERED UNDER CO.OP SOCIETIES ACT 1960) SUAVITY OTIUM BUILDING, YELENAHALLI MAIN ROAD, AKSHAYANAGAR, BENGALURU - 560 068 REPRESENTED BY ITS SECRETARY SRI. DEVI KIRAN SUSARLA, AGE ABOUT 42 YEARS S/O SRI. SANYASI RAO SUSARLA RESIDENTIAL ADDRESS NO. D - 301 , 3RD FLOOR, SUAVITY OTIUM BUILDING AKSHAYA NAGAR BEGUR, BANGALORE - 560 068.

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…PETITIONER

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(BY SRI. P. VIDYA JAHAGRIRDAR, ADVOCATE)

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AND:

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STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY URBAN DEVELOPMENT DEPARTMENT, 4TH FLOOR, VIKAS SOUDHA DR. AMBEDKAR VEEDHI BANGALORE - 560 001.

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NC: 2026:KHC:1773 WP No. 31900 of 2024

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HC-KAR

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STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF PARLIAMENTARY AFFAIRS AND LEGISLATION, VIDHANA SOUDHA DR. B.R. AMBEDKAR VEEDHI BENGALURU - 560 001.

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THE BRUHAT BANGALORE MAHANAGARA PALIKE ADDITIONAL DIRECTOR JOINT DIRECTOR OF BUILDING LICENSE, SOUTH BANGALORE - 560 068, REPRESENTED BY ITS CHIEF COMMISSIONER.

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THE JOINT DIRECTOR TOWN PLANNING (SOUTH) BRUHAT BENGALURU MAHANGARA PALIKE, BANGALORE - 560 068

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…RESPONDENTS

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(BY SMT. SPOORTHI V, HCGP FOR R1 AND R2; SRI. PAWAN KUMAR, ADVOCATE FOR R3 AND R4)

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THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO i) QUASH THE KARNATAKA MUNICIPAL CORPORATIONS AND CERTAIN OTHER LAW (AMENDMENT) ACT, 2021 NO. 1/2022 DATED 13/01/2022 ENACTED BY THE R2 PUBLISHED THROUGH NOTIFICATION BEARING NO. DPAL 50 SHASANA 2021 GAZETTED ON 13/01/2022 AT ANN-K DECLARING IT TO BE UNTRA VIRES AND UNCONSTITUTIONAL AND ETC.,

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ

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NC: 2026:KHC:1773 WP No. 31900 of 2024

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HC-KAR

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ORAL ORDER

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Petitioner is before this Court seeking for the following

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reliefs:

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(a) issue a writ of certiorari or similar writ or order or direction to quash the Karnataka Municipal Corporations and Certain Other Law (Amendment) Act, 2021 Act No.1/2022 dated13.01.2022 enacted by the 2nd respondent published through notification bearing No.DPAL 50 SHASANA 2021 gazetted on 13.01.2022 at Annexure-K declaring it to be ultravires and unconstitutional;

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(b) issue a writ of certiorari or similar writ or order or direction to quash the demand notice bearing No.BBMP/ Addl.Dir/JD/South/0212/2012-13 dated 05/06.11.2024 at Annexure-H issued by the Respondent No.4 in so far as demand towards Ground Rent in a sum of Rs.48,71,500/- GST of Rs.14,93,248/-, license fee of Rs.9,95,499/Difference in the FAR area Rs 10,32,108 and scrutiny fee of Rs.49,775/-are concerned;

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(c) issue any other appropriate writ or order or direction to the respondents deemed fit in the circumstances of the case in the interest of justice and equity.

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Learned counsel for the petitioner has filed a memo, seeking permission of the Court to withdraw the writ

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petition. The said memo reads as follows:

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"The petitioner in the above matter submits before this Hon'ble Court that, the respondent No3 that is BRUHAT BENGALURU MAHANAGAR PALIKA, issued the FINAL OCCUPANCY CERTIFICATE to Residential Apartment owners (Petitioner) on 08.12.2025, bearing No.L.P./212/2012-2013. The copy of the

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