IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF OCTOBER, 2019 BEFORE THE HON'BLE MR.JUSTICE S. SUNIL DUTT YADAV WRIT PETITION No.12613/2013 (LB-BMP) Between:
1. L.K. Raju, S/o Late B.V. Muniraju, Aged 71 years.
2. B.L. Naveen, S/o L.K. Raju, Aged 33 years.
3. L.K. Akhila, W/o Sri Venugopal, Aged 36 years.
All are residing at No.38/11, 2nd Main, Gayathri Devi, Park Extesion, Vyalikaval, Bangalore – 560 003. … Petitioners (By Sri S. Shaker Shetty, Advocate) And:
1. The Commissioner, Bruhat Bangalore Mahanagara Palike, N.R. Square, Bangalore – 560 002.
2. Assistant Revenue Officer, Yelahanka Sub-Division, Bruhat Bangalore Mahanagara Palike, Bangalore – 560 064.
3. Government of Karnataka, Rep. by its Secretary, Urban Development Department, Vikasa Soudha, Dr. Ambedkar Veedhi, Bangalore – 560 001. … Respondents (By Sri K.N. Puttegowda, Advocate for R1 & R2; Sri M.A. Subramani, HCGP for R3) This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to quash notification dated 28.09.2012 under circular issued by the respondent No.1 vide Annexure-F and etc.
This Writ Petition coming on for preliminary hearing in ‘B’ Group this day, the Court, made the following:
ORDER Petitioners have challenged the demands raised at Annexures – G, H and J.
2. Learned counsel for respondent – BBMP submits that the said demands were raised on the basis of the circular dated 28.09.2012. It is submitted that the said circular has been withdrawn.
In light of the same, demands raised at Annexures – G, H and J do not survive for consideration. Reserving liberty to the respondent – BBMP to raise demand regarding betterment / improvement charges, if permissible in accordance with law and keeping open the contentions of the parties, the writ petition is disposed of as not requiring any further orders.
Sd/- JUDGE VP