IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE S. SUNIL DUTT YADAV WRIT PETITION NOS.15681 AND 15958 OF 2013 (LB-BMP) Between:
Sri.C.Ananda S/o K.T.Chinnappa Reddy Aged about 55 years Residing at No.33, 5th Block Koramangala Layout Bangalore – 560 095.
(By Sri.Sanath Kumar Shetty K., Advocate) And:
1. Brahut Bangalore Mahanagara Palike Represented by its Commissioner N.R.Square, Bangalore – 560 002.
2. The Commissioner Brahut Bangalore Mahanagara Palike N.R.Square, Bangalore – 560 002.
3. The Assistant Commissioner Brahut Bangalore Mahanagara Palike Mahadevapura Zone Bangalore – 560 048.
... Petitioner 4. The Town Planning Authority Brahut Bangalore Mahanagara Palike N.R.Square, Bangalore – 560 002 Represented by its Chairman.
... Respondents (By Sri.K.N.Puttegowda, Advocate for R1 to R4) ***** These Writ Petitions are filed under Articles 226 and 227 of the Constitution of India praying to quash the official memorandum dated 19.02.2013 issued by the respondent No.3 vide Annexure-A in so far as betterment charges only and etc.
These Writ Petitions coming on for Preliminary Hearing in ‘B’ Group, this day, the Court made the following:
ORDER The petitioner has challenged the demand for betterment charges raised on 19.02.2013.
2. Both counsels for the petitioner and the respondents’ states that the demand be quashed and the matters be directed to be considered in terms of the observations made in W.P.Nos.56465 and 56724-56734 of 2014 and connected matters. Accordingly, the demand at Annexure-A is set aside and the same be considered in accordance with law and levy of betterment charges is to be considered in terms of observations made in W.P.Nos.56465 and 56724-56734 of 2014 vide order passed on 26.08.2016.
Accordingly, Writ Petitions are allowed.
Sd/- JUDGE Prs*