IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF NOVEMBER 2019 BEFORE THE HON'BLE MR.JUSTICE S. SUNIL DUTT YADAV WRIT PETITION Nos.13709-13715/2013 (LB-BMP) Between:
1. Sri M. Krishna Reddy, S/o Late Abbaiah Reddy, Aged about 69 years, R/at # 331, Yemlur Village, Bangalore – 560 037.
2. Sri V. Venkatesh, S/o Late C. Venkatappa, Aged about 51 years, R/at # 419, 4th ‘T’ Block, Jayanagar, Bangalore – 560 041.
3. Sri V. Harish Babu, S/o Late C. Venkatappa, Aged about 54 years, R/at # 419, 4th ‘T’ Block, Jayanagar, Bangalore – 560 041.
4. Sri V. Prakash, S/o Late C. Venkatappa, Aged about 54 years, R/at # 419, 4th ‘T’ Block, Jayanagar, Bangalore – 560 041.
5. Smt. Gajalakshmi @ Keerthi, W/o Prabhakara Reddy, Aged about 40 years, R/at Flat No.601, ‘B’ Block, Skyline Apartments, Dodda Banasawadi, O.M.B.R. Layout, Main Road, Bangalore – 560 043.
6. Smt. Gowramma @ Kushma, W/o Late Lokesh Reddy, Aged about 45 years, R/at Flat No.601, ‘B’ Block, Skyline Apartments, Dodda Banasawadi, O.M.B.R. Layout, Main Road, Bangalore – 560 043.
7. Smt. Sharadamma, W/o late Sundarama Reddy, Aged about 66 years, R/at # 4, Yemlur Village, Bangalore – 560 037.
All are represented by G.P.A. Holder/Joint Development Holder, M/s. Durga Projects and Infrastructure Pvt. Ltd., No.703, 10th Main Road, Jayanagar, 4th Block, Bangalore – 560 011 Represented by its Director Sri Niraj Jhunjhunwala. … Petitioners (By Sri Ganapathi Bhat, Advocate) And:
1. The State of Karnataka, Urban Development Authority, By its Secretary, Vidhana Soudha, Bangalore – 560 001.
2. The Commissioner, Bruhath Bengaluru Mahanagara Palike, Bangalore – 560 002.
3. Deputy Commissioner, Bruhath Bengaluru Mahanagara Palike, Mahadevapur Sub-Division, Bangalore – 560 048.
4. The Assistant Revenue Officer, Mahadevpur Ward, Mahadevpur, Bruhath Bengaluru Mahanagara Palike, Bangalore – 560 048. … Respondents (By Sri M.A. Subramani, HCGP for R1;
Sri B.V. Muralidhar, Advocate for R2 to R4) These Writ Petitions are filed under Articles 226 & 227 of Constitution of India, praying to quash the circular dated 28.09.2012 vide Annexure-C issued by the 2nd respondent and etc.
These Writ Petitions coming on for preliminary hearing in ‘B’ Group this day, the Court made the following:
ORDER Learned counsel appearing for respondent – Bruhat Bengaluru Mahanagara Palike (BBMP) submits that demand with respect to betterment/improvement charges at Annexure-B was on the basis of the circular dated 28.09.2012. It is further submitted that the said circular has been set aside by this Court vide order dated 10.04.2013 passed in Writ Petition No.40/2013 (LB-BMP) and connected writ petitions.
2. In light of the same, the demand as per the notice at Annexure-B does not survive for consideration. Liberty is reserved to the respondent – BBMP to raise the fresh demand regarding betterment/improvement charges as is permissible, in accordance with law.
3. Accordingly, the petitions are disposed off keeping open the contentions of parties.
Sd/- JUDGE VGR