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 NO.15690 OF 2013 (LB-BMP) Between:
Sri.M.Gopalappa S/o late Muniswamappa Aged 58 years Residing at No.1 & 2 Kenchanayaganahalli Gollarapet Bangalore – 560 002.
(By Sri.N.R.Naik & Associates, Advocate) And:
... Petitioner 1. The Deputy Commissioner Brahuth Bangalore Mahanagara Palike J.C.Road, N.R.Square Bangalore South Bangalore – 560 006.
2. The Joint Commissioner Brahuth Bangalore Mahanagara Palike Mahadevapura Sub-Dvn Bangalore – 560 048.
... Respondents (By Sri.K.N.Puttegowda, Advocate for R1 to R2) ***** This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to quash the impugned note vide Annexure dated 14.03.2013 passed by R2 imposing improvement charges of Rs.550/-
p.s.m. and etc.
This Writ Petition coming on for Preliminary Hearing in ‘B’ Group, this day, the Court made the following:
ORDER The petitioner has challenged the demand for improvement charges raised on 14.03.2013.
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 Petition is allowed.
Sd/- JUDGE Prs*