IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF NOVEMBER, 2019 BEFORE THE HON' BLE MR. JUSTICE B. VEERAPPA WRIT PETITION Nos.21248-21249/2019(GM-RES) BETWEEN:
SIDDHESHWARI GRIHA NIRMAN PRIVATE LIMITED A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT 4TH FLOOR, SALARPURIA WINDSOR, NO.3, ULSOOR ROAD, BANGALORE-42.
REPRESENTED BY ITS AUTHORIZED REPRESENTATIVE MR. ASHWIN SANCHETI, S/O MANOHARCHAND SANCHETI, AGED ABOUT 41 YEARS ...PETITIONER (BY MS. ANUPARNA BORDOLOI, ADVOCATE;
M/S SHETTY AND HEGDE ASSOCIATES, ADVOCATE) AND:
1 . THE STATE OF KARNATAKA REPRESENTED BY ITS ADDITIONAL CHIEF SECRETARY, HOME DEPARTMENT, VIDHANA SOUDHA, BANGALORE-560001.
2 . THE DIRECTOR GENERAL OF POLICE AND FIRE FIGHTING AND EMERGENCY SERVICES NO.1, ANNASWAMY MODALIYAR ROAD, BANGALORE-560042.
…RESPONDENTS (BY SRI M. VINODKUMAR, AGA) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE GOVERNMENT ORDER DATED 27.10.2017 ISSUED BY THE RESPONDENT-2 REVISING THE FEE TOWARDS ISSUANCE OF NOC FOR FIRE CLEARANCE AS HIGHLY ARBITRATORY AND ILLEGAL (ANNEXURE-A) AND ETC.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The petitioner in the present writ petitions has sought for:
a) Issue of writ setting aside the Government Order dated 27.10.2017 issued by the 2nd respondent revising the fee towards issuance of NOC for Fire Clearance as highly arbitrary and illegal (Annexure-A);
b) Issue a writ declaring that the assessment of payment made in the Government Order dated 27.10.2017 for payment towards obtaining No Objection for fire clearance is arbitrary and illegal (Annexure-A);
c) Issue a writ quashing the Demand Note number KSFES/DemoNo/399/19-20 dated 2.5.2019 issued by the 2nd respondent in so far it pertains to demand payment of fee at the rate of 100 per Sq. Meter for issuance of No Objection Certificate (Annexure-B); and d) Issue a writ directing respondent No.2 issue fire NOC without insisting on the payment of as per the Government Order dated 27.10.2017 (Annexure-A).
2. Learned Counsel for both parties submit that the issue involved in the present writ petition has already been considered and decided by this Court in Writ Petition No. 31197/2018 disposed off on 24th September, 2019. The said submission is placed on record.
3. In view of the above impugned notices – Annexures-A and B issued by respondent No.2 are hereby quashed. However, liberty is reserved to the respondents to issue fresh demand notice in terms of the Government Order dated 31st December, 2019 and it is always open for the parties to take appropriate steps in accordance with law.
4. It is needless to observe that if the petitioner has made excess payment, the respondents shall refund the same to the petitioner in accordance with law.
Accordingly, writ petitions are disposed off.
Sd/- Judge Nsu/-