before the hon’ble mr. justice a s...
TRANSCRIPT
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IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 10TH DAY OF APRIL 2013
BEFORE
THE HON’BLE MR. JUSTICE A S BOPANNA
W.P.No.40/2013 (LB-BMP) c/w
W.P.Nos.47952-955/2012, 47956-958/2012, 48730/2012 & 49291/2012, 49143-155/2012, 50317/2012, 47037/2012,
44597-598/2012, 47041-42/2012 & 47278/2012, 52403-404/2012, 50678/2012, 51508-510/2012, 42/2013,
44/2013, 67/2013, 68-69/2013, 70/2013, 71/2013, 72-74/2013, 197/2013, 236/2013, 237/2013, 238/2013, 403/2013, 674-675/2013, 279/2013 & 1630-31/2013,
695-697/2013, 828/2013, 824/2013, 825/2013, 1024-28/2013, 1126-38/2013, 1147/2013, 1361/2013,
1434/2013 & 2043-44/2013, 2479-83/2013, 2582-83/2013, 2719/2013, 2746/2013, 49227/2012, 49268-273/2012, 49387/2012, 50104/2012, 50227/2012, 50343/2012, 50666/2012 & 591/2013, 50758/2012, 52526/2012, 120/2013, 2725/2013, 2728/2013, 2766/2013 &
3293-95/2013, 3312/2013, 3417/2013, 3824-26/2013, 3827/2013, 3832/2013 & 3860-63/2013, 3852/2013,
3886-87/2013, 3888/2013, 4598/2013, 4603-604/2013, 4606/2013, 4607/2013, 4720/2013, 4748/2013, 4761/2013, 4763/2013, 5393/2013 & 7091-94/2013, 5854-55/2013,
5866/2013, 5867/2013, 5936/2013, 5937/2013, 5938/2013, 5939/2013, 5975-78/2013, 5991/2013, 6248-51/2013 & 6471-73/2013, 6500/2013, 6884/2013, 6907-908/2013, 6964/2013, 6965/2013, 7032-35/2013, 7059-60/2013,
7061-63/2013, 7315/2013, 7317-318/2013, 7891/2013 & 8980-81/2013, 7895-98/2013, 7900-902/2013, 7904/2013, 7905/2013, 7906/2013, 7925-26/2013 & 8001-03/2013, 7997/2013, 8101/2013, 8102/2013 & 8583-85/2013,
8208-209/2013, 8276-77/2013, 8390/2013, 8422/2013 & 8461/2013, 8857/2013, 8986-87/2013, 9250/2013,
9328-29/2013, 9330-32/2013, 988/2013 & 1844-1932/2013, 1343/2013, 51821-823/2012, 6966/2013, 6485/2013 & 9620-21/2013, 45223/2012, 8578/2013 & 9544-45/2013, 9726-27/2013, 6484/2013 & 9623-24/2013, 10267/2013, 10272/2013, 10265/2013, 9380-82/2013, 9687-89/2013, 46968/2012, 46489/2012, 47348/2012, 47232/2012 &
47431/2012, 47234-238/2012, 47239/2012, 47401/2012, 10732/2013, 10574/2013, 1338/2013, 45878/2012, 49565-566/2012, 1144/2013, 1145/2013, 1485/2013,
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10920-921/2013, 4414/2013 & 5824/2013, 10266/2013, 10273-274/2013, 10922-923/2013, 11209/2013,
11331-334/2013 & 11335/2013, 12209/2013, 12210/2013, 12224-235/2013, 2218-21/2013, 49852-858/2012,
12592/2013 & 12647-48/2013, 12616/2013, 12649-56/2013, 12657/2013, 12719/2013, 12755/2013, 12865/2013,
12902-903/2013, 12720/2013, 13201/2013, 12866/2013, 12302-303/2013, 13745/2013, 13387/2013 & 14262-64/2013 AND 14390/2013 (LB-BMP)
W.P.No.40/2013 BETWEEN: M/S S R CONSTRUCTIONS PARTNER M/S S.R. CONSTRUCTIONS, NO.7/272, KAKATEEYA RESIDENCY COURT ROAD, ANANTHAPURA, A.P. REP. BY ITS PARTNER SRI. M. RAJAGOPAL, S/O SRI. M. SESHAIAH NAIDU AGED ABOUT 43 YEARS ... PETITIONER (BY SRI RAGHUNATH C M, ADV.) AND: 1. STATE OF KARNATAKA DEPT. OF HOUSING & URBAN DEVELOPMENT, M.S. BUILDING BANGALORE-01 BY ITS SECRETARY 2.THE COMMISSIONER BRUHAT BENGALURU MAHANAGARA PALIKE BANGALORE-02 3.THE JOINT COMMISSIONER YELAHANKA ZONE, BYATARAYANAPURA, BBMP, BANGALORE-92 4.THE ASST. REVENUE OFFICER YELAHANKA SUB ZONE, BBMP, BANGALORE-64 ... RESPONDENTS (BY SRI N B VISHWANATH, AGA. FOR R1 SRI H N NANJUNDA REDDY SR.COUNSEL FOR SRI K N PUTTEGOWDA, ADV. FOR R2-4)
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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYER TO QUASH THE CIRCULAR DATED 28.9.2012 VIDE ANNEXURE-A ISSUED BY THE SECOND RESPONDENT AND ETC. W.P.Nos.47952-955/2012 BETWEEN: 1.SRI S RAVINDRANATH S/O LATE SHIVARAMAIAH AGED ABOUT 49 YEARS 2.SRI B S SOMASHEKAR S/O LATE SHIVARAMAIAH AGED ABOUT 46 YEARS 3.SRI B S GOPINATH S/O LATE SHIVARAMAIAH AGED ABOUT 36 YEARS 4.R V SUBBAREDDY S/O RAJAGOPAL REDDY AGED ABOUT 36 YEARS THE PETITIONERS NO.1 TO 3 ARE REP. BY THEIR GPA HOLDER THE PETITIONER NO.4 HEREIN ALL ARE R/AT AND HAVING OFFICE AT M/S ECSTASYP RJECTS PVT LTD NO.720/A7, 11TH MAIN 9TH CROSS, INDIRANAGAR HAL 2ND STAGE BANGALORE-560 038 ... PETITIONERS (BY SRI T NAGARAJA, ADV.) AND: 1.THE URBAN DEVELOPMENT DEPARTMENT BY ITS SECRETARY, VIDHANA SOUDHA BANGALORE-560001 2.THE COMMISSIONER BRUHAT BANGALORE MAHANAGARA PALIKE N R CIRCLE, BANGALORE-560002
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3.THE ASSISTANT REVENUE OFFICER HOODI SUB DN, TOWN PLANNING, BBMP MAHADEVAPURA DIVISION MAHADEVPURA BANGALORE-48 ... RESPONDENTS (BY SRI N B VISHWANATH, AGA. FOR R1 SRI B V MURALIDHAR, ADV. FOR R2 & 3)
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYER TO QUASH THE CIRCULAR DATED 28.9.12 PASSED BY THE R2 VIDE ANNX-D AND THE IMPUGNED NOTICE DATED 20.11.12 ISSUED BY R3 THE ASST. REVENUE OFFICER, BBMP, HOODI SUB DVN, MAHADEVAPURA DVN, BEST BANGALORE-48 IE., IMPROVEMENT CHARGES ARE CONCERNED VIDE ANNX-E AND ETC.
W.P.Nos.47956-958/2012 BETWEEN: 1.SMT PARIJATHA W/O LATE K. NAGARAJU AGED ABOUT 57 YEARS 2.SRI. N. MANJUNATH S/O LATE K. NAGARAJU AGED ABOUT 32 YEARS 3.SMT. VEENA S/O LATE K. RAVIKUMAR AGED ABOUT 30 YEARS ALL ARE R/AT NO.189, SRI. RAMANJANEYA NILAYA, IMMADIHALLY, HAGADURU ENTRY, WHITE FIELD POST BANGALORE-560 066 ... PETITIONERS (BY SRI T NAGARAJA, ADV.) AND: 1.THE URBAN DEVELOPMENT DEPARTMENT BY ITS SECRETARY
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VIDHANA SOUDHA BANGALORE-01 2.THE COMMISSIONER BRUHAT BANGALORE MAHANAGARA PALIKE, N.R. CIRCLE, BANGALORE-02 3.THE ASSISTANT/ DEPUTY DIRECTOR TOWN PALNNING, BBMP, MAHADEVAPURA DIVISION, MAHADEVAPURA BANGALORE-48 ... RESPONDENTS (BY SRI N B VISHWANATH, AGA. FOR R1 SRI B V MURALIDHAR, ADV. FOR R2 & 3) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYER TO QUASH THE CIRCULAR DATED 28.9.12 PASSED BY THE R2 VIDE ANNX-D AND THE IMPUGNED NOTICE DATED 25.10.12 ISSUED BY R3 THE ASST./DY DIRECTOR, TOWN PLANING BBMP, MAHADEVAPURA DVN, BEST BANGALORE-48 IE., IMPROVEMENT CHARGES ARE CONCERNED VIDE ANN-E AND ETC. W.P.Nos.48730/2012 & 49291/2012 BETWEEN: 1.SMT. MOTAMMA W/O MUNIANJANAPPA, AGED ABOUT 78 YEARS, 2.SMT CHIKKATHAYAMMA W/O LATE KRISHNAPPA, AGED ABOUT 57 YEARS, BOTH ARE RESIDENTS OF PANATTHUR, VARTHUR-HOBALI, BANGALORE EAST TALUK, BANGALORE. RER. BY THEIR DULY AUTHORISED G.P.A HOLDER, NADIMPALLI SRINIVASA RAJU PROPRIETOR, M/S S.R.CONSTRUCTIONS. ... PETITIONERS (BY SRI UDAYAKUMAR P & SRI M R HIREMATHAD, ADVS.)
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AND: 1.THE URBAN DEVELOPMENT DEPARTMENT GOVERNMENT OF KARNATAKA, BY ITS SECRETARY, VIDHANA SOUDHA, BANGALORE-1 2.THE COMMISIONER BRUHATH BANGALORE MAHANAGARA PALIKE, BANGALORE-560002 3.THE JOINT DIRECTOR TOWN PLANNING, BANGALORE EAST, BRUHATH BANGALORE MAHANAGARA PALIKE, BANGALORE-560002 ... RESPONDENTS (BY SRI N B VISHWANATH, AGA. FOR R1 SRI B V MURALIDHAR, ADV. FOR R2 & 3) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYER TO QUASH THE CIRCULAR DT.28.9.12, VIDE ANN-A ISSUED BY THE COMMISSIONER, BBMP BANGALORE. W.P.Nos.49143-155/2012 BETWEEN: 1.MR. KOTAPATIJANARDHANARAO S/O LATE SRI.NARASIMHAN, AGED ABOUT 48 YEARS, R/AT NO.73, H BLOCK, MADHURA NAGAR, HYDERABAD-38. 2.MR.G.NAGESWARA RAO S/O LATE SRI.CHENCHAIAH, AGED ABOUT 42 YEARS, R/AT NO.23, 7TH CROSS, JAI JAVAN NAGAR, CHIKKA BANASWADI, SUBBANNA PALYA, BANGALORE-560 033. 3.MRS. G.PRAMILA W/O MR. G.NAGESWARA RAO, AGED ABOUT 33 YEARS,
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R/AT NO.23, 7TH CROSS, JAI JAVAN NAGAR, CHIKKA BANASWADI, SUBBANNA PALYA, BANGALORE-560 033. 4.MR.KONDA MADHUSUDHANA RAO S/O SRI.MALAKONDAIAH, AGED ABOUT 29 YEARS, R/AT NO.38, FERNS CITY, DODDANAKUNDI, NEAR OUTER RING ROAD, NEAR MARATHAHALLI, BANGALORE. 5.MRS. G.MEENA CHOWDARY D/O SRI. G MALAKONDAIAH, AGED ABOUT 27 YEARS, W/O MR.KONDA MADHUSUDHANA RAO, R/AT NO.38, FERNS CITY, DODDANAKUNDI, NEAR OUTER RING ROAD, NEAR MARATHAHALLI, BANGALORE. 6.MR.M.RAMANAIAH S/O SRI.PERAIAH CHOWDARY, AGED ABOUT 45 YEARS, R/AT NO.36, VENKATWSHWARA NILAYA, NMR LAYOUT, 1ST CROSS, BEHIND SHWETHA SCHOOL, UDAY NAGAR, BANGALORE-560 016. 7.MS. S.SAILAJA D/O A.HARINARAYANA, AGED ABOUT 32 YEARS, B/205, USHA ENCLAVE, SRINAGAR COLONY, HYDERABAD. 8.MRS.MOLUGU ARUNA W/O MR.M.PURNACHANDER, AGED ABOUT 44 YEARS, R/AT FLAT NO.109, “ASHWINI HEIGHTS”, KODIHALLI, BANGALORE-560 008. 9.MR.K.MAHESWARA RAO
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S/O K.CHINNA MALAKONDAIAH, AGED ABOUT 30 YEARS, D NO.24-8-6, PV, RAJU STREET, RAMAN NAGAR, NEAR SARADA COLLEGE, VIJAYAWADA-11, ANDHRA PRADESH. 10.MR.D.NAGAIAH AGED ABOUT 57 YEARS, NO.25 DNR NILAYAM, 3RD CROSS, GOVINDAPPA ROAD, R.S.PALYA, M.S.NAGAR, BANGALORE-560 033. 11.CH. MALYADRI S/O LATE SRI.ANKAIAH, AGED ABOUT 68 YEARS, R/AT GANDHI STATUE STREET, BHAVANI PURAM, VIJAYAWADA-12. 12.MR.Y.SRINIVAS S/O MR. YANADAIAH, AGED ABOUT 33 YEARS, R/AT H-84, MADHURA NAGAR, NEAR VELLANKI FOODS, HYDERABAD, 13.MR.RAVULAPALLI PRASAD S/O SRI.ANKAIAH, AGED ABOUT 47 YEARS, R/AT FLAT NO.102, SITE NO.193, S.V.PARADISE, AECS LAYOUT, KUNDALAHALLI, BANGALORE. PETITIONERS 1 TO 13 REP. BY THEIR G.P.A. HOLDER THE PETITIONER 1 & 4 HEREIN ... PETITIONERS (BY SRI SUNDAR RAJ, ADV.) AND: 1.STATE OF KARNATAKA DEPARTMENT OF URBAN DEVELOPMENT VIDHANA SOUDHA BANGALORE-560 001
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REP. BY ITS SECRETARY 2.THE COMMISSIONER BRUHAT BANGALORE MAHANAGARA PALIKE N.R. CIRCLE, BANGALORE-02 3.THE JOINT/DEPUTY COMMISSIONER BBMP, MAHADEVAPURA DIVISION MAHADEVAPURA BANGALORE-48 ... RESPONDENTS (BY SRI N B VISHWANATH, AGA. FOR R1 SRI B V MURALIDHAR, ADV. FOR R2 & 3) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYER TO QUASH THE CIRCULAR DATED 28.9.12 VIDE ANNX-J AND THE IMPUGNED NTOCE DATED 15.11.12 VIDE ANNX-E ISSUED BY THE R3 AND ETC. W.P.No.50317/2012 BETWEEN: SMT. R K SAROJA AGED ABOUT 59 YEARS, W/O. N.LAXMIPATHY BABU, NO.242, I CROSS, II BLOCK, BANASHANKARI III STAGE, BANGALORE-560 085. ... PETITIONER (BY SRI T P VIVEKANANDA, ADV.) AND: 1.BRUHAT BANGALORE MAHANAGARA PALIKE N.R.SQUARE, BANGALORE-560 002, REP. BY ITS COMMISSIONER. 2.THE ASSISTANT REVENUE OFFICER BYATRAYANAPURA ZONE, BRUHAT BANGALORE MAHANAGARA PALIKE, BANGALORE-560 092 3.THE STATE OF KARNATAKA, DEPARTMENT OF URBAN DEVELOPMENT, VIKAS SOUDHA,
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BANGALORE-560 001, REP. BY ITS SECRETARY ... RESPONDENTS (BY SRI M R SHAILENDRA, ADV. FOR R1 & 2 SMT. MANJULA R KAMADOLLI, HCGP FOR R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYER TO QUASH THE CIRCULAR DATED 28.9.12 ISSUED BY R1 VIDE ANNX-L AND ETC.
W.P.No.47037/2012 BETWEEN: SRI. B S N HARI S/O.LAE SATYANNA, AGED ABOUT 58 YEARS, HAVING OFFICE AT NO.1, GUTTE ANJANEYA TEMPLE STREET, HOSUR ROAD, WILSON GARDEN, BANGALORE-560027. BY HIS POWR OF ATTORNEY HOLDER, M/S.MANTRI DEVELOPERS PVT.LTD, REGISTERED OFFICE AT NO.41, VITTAL MALLYA ROAD, BANGALORE-560 001. REP. BY ITS AUTHORISED SIGNATORY, MR.GIRISH GUPTHA H.S. ... PETITIONER
(BY SRI S MAHESH, ADV. FOR M/S. MAHESH & CO,) AND: 1.THE COMMISSIONER BRUHATH BENGALURU MAHANAGARA PALIKE, J.C.ROAD, N.R.SQUARE, BANGALORE SOUTH, BANGALORE-06
2. THE ASSISTANT REVENUE OFFICER BRUHATH BENGALURU MAHANAGARA PALIKE, HORAMAVU SUB-DIVISION,
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BANGALORE SOUTH, BANGALORE-06. ... RESPONDENTS
(BY SRI B V MURALIDHAR, ADV. FOR R1 & 2 )
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYER TO QUASH THE IMPUGNED CIRCULAR UNDER ANNX-G DATED 28.9.12 PASSED BY R1 IMPOSING IMPROVEMENT CHARGES OF RS. 550/- P.SQ. METER AND ITS CONSEQUENTIAL IMPUGNED NOTICE UNDER ANNX-B DATED 16.11.12 PASSED BY R2 AND ETC. W.P.Nos.44597-598/2012 BETWEEN: 1. THE CONFEDERATION OF REAL ESTATE DEVELOPER’S ASSOCIATIONS OF INDIA (CREDAI), UNIT 607-608, 6TH FLOOR, BARTON CENTRE, 84, MAHATMA GANDHI ROAD, BANGALORE-560 001. KARNATAKA INDIA, REP.BY ITS PRESIDENT MR.R.NAGRAJ, S/O MR.RADHAKRISHNA, AGED ABOUT 54 YEARS.
2. PURAVANKAR PROJECTS LTD., A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956, AND HAVING ITS REGISTERED OFFICE AT NO.130-/1, ULSOOR ROAD, BANGALORE-560 042. REP.BY ITS SR.VICE PRESIDENT-LEGAL K.V.BHUVANENDRA, S/O LATE K.L.VEDADRI, AGED ABOUT 47 YEARS. ... PETITIONERS (BY SRI UDAY HOLLA, SR.COUNSEL FOR SRI K SHASHIKIRAN SHETTY) AND: 1. THE URBAN DEVELOPMENT DEPARTMENT GOVERNMENT OF KARNATAKA, BY ITS SECRETARY, VIDHANA SOUDHA, BANGALORE-560 001.
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2. THE COMMISSIONER BRUHAT BENGALURU MAHANAGARAPALIKE, N.R.SQUARE, BANGALORE-560 002. 3. THE JOINT DIRECTOR TOWN PLANNING. BANGALORE EAST, BRUHAT BENGALURU MAHANAGARA PALIKE, BANGALORE-560 002. ... RESPONDENTS
(BY SRI N B VISHWANATH, AGA. FOR R1 SRI K V NARASIMHAN, ADV. FOR R2 & 3)
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYER TO QUASH THE CIRCULAR DT.28.9.12, VIDE ANN-A AND QUASH THE DEMAND NOTICE DATED 16.10.12, ISSUED BY THE R3 VIDE ANN-B. W.P.Nos.47041-42/2012 & 47278/2012 BETWEEN: 1. SRI. B S N HARI S/O LATE SATYANNA AGED ABOUT 58 YEARS HAVING OFFICE AT NO.1 GUTTE ANJANEYA TEMPLE STREET HOSUR ROAD, WILSON GARDEN BANGALORE-560 027 2. SRI NAZEER HUMAYUN S/O LATE SYED ALI AGED ABOUT 50 YEARS HAVING OFFICE AT NO.1 GUTTE ANJANEYA TEMPLE STREET HOSUR ROAD, WILSON GARDEN BANGALORE-560 027 3. SRI JAVID ARUN S/O LATE SYED ALI AGED ABOUT 50 YEARS HAVING OFFICE AT NO.1 GUTTE ANJANEYA TEMPLE STREET HOSUR ROAD, WILSON GARDEN BANGALORE-560 027
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BY THEIR POWER OF ATTORNEY HOLDER M/S. MANTRI DEVELOPERS PVT. LTD., REGISTERED OFFICE AT NO.41, VITTAL MALLYA ROAD BANGALORE-560 001 REP. BY ITS AUTHORISED SIGNATORY MR. GIRISH GUPTHA H S ... PETITIONERS
(BY SRI MAHESH, ADV. FOR M/S. MAHESH & CO.) AND: 1. THE COMMISSIONER BRUHAT BANGALORE MAHANAGARA PALIKE J C ROAD, N R SQURE BANGALORE SOUTH BANGALORE-06 2. THE ASSISTANT REVENUE OFFICER BRUHAT BANGALORE MAHANAGARA PALIKE HORAMAVU SUB-DIVISION BANGALORE SOUTH BANGALORE-06 ... RESPONDENTS
(BY SRI B V MURALIDHAR, ADV. FOR R1 & 2)
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYER TO QUASH THE IMPUGNED CIRCULAR DT.28.9.12, VIDE ANN-G PASSED BY THE R1 IMPOSING IMPROVEMENT CHARGES OF RS.550/- PER SQUARE METER & ITS CONSEQUENTIAL IMPUGNED NOTICE UNDER ANN-B, DT.16.11.12 PASSED BY THE R2 AND ETC. W.P.Nos.52403-404/2012 BETWEEN: 1. KEYSTONE CONSTRUCTIONS "TUSCAN CENTRE, INFANTRY ROAD, BANGALORE-560001 REP. BY ITS PARTNER, MR.SAI PRASAD, S/O.SATHYA MURTHY, AGED ABOUT 36 YEARS. 2. OZONE SHELTERS PRIVATE LIMITED NO.38, ULSOOR ROAD,
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BANGALORE-560038, REP. BY ITS VICE PRESIDENT (COMMERCIAL) MR.SAI PRASAD, S/O.SATHYA MURTHY, AGED ABOUT 36 YEARS. ... PETITIONERS
(BY SRI K SHASHIKIRAN SHETTY, ADV.) AND: 1. THE URBAN DEVELOPMENT DEPARTMENT GOVERNMENT OF KARNATAKA, VIDHANA SOUDHA, BANGALORE-560001, BY ITS SECRETARY. 2. THE COMMISSIONER BRUHAT BENGALURU MAHANAGARA PALIKE, N.R.SQUARE, BANGLORE-02 3. THE JOINT DIRECTOR TOWN PLANNING BEGUR BRANCH, BRUHAT BENGALURU MAHANAGARA PALIKE BANGALORE-02 4. ASSISTANT REVENUE OFFICER BRUHAT BENGALURU MAHANAGARA PALIKE, MAHADEVAPURA BRANCH, BANGALORE-02 ... RESPONDENTS
(BY SRI N B VISHWANATH, AGA. FOR R1 SRI D N NANJUNDA REDDY SR.COUNSEL FOR SRI K N PUTTEGOWDA, ADV. FOR R2 TO 4)
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYER TO QUASH THE CIRCULAR DATED 28.9.2012 ISSUED BY R2 VIDE ANNEXURE-A.
W.P.No.50678/2012 BETWEEN: SMT. PADMA J REDDY W/O SRI. G JAYARAM REDDY, AGED ABOUT 71 YEARS,
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R/AT NO.2/1, DOMLUR, HAL MAIN ROAD, BANGALORE-71. ... PETITIONER
(BY SRI S MAHESH, ADV. FOR M/S. MAHESH & CO.,) AND: 1. THE COMMISSIONER BRUHATH BENGALURU MAHANAGARA PALIKE, J C ROAD, N R SQUARE, BANGALORE SOUTH, BANGALORE-06. 2. THE JOINT DIRECTOR (TOWN PLANNING NORTH) BRUHATH BENGALURU MAHANAGARA PALIKE, N R SQUARE SUB DIVISION, BANGALORE SOUTH, BANGALORE-02. ... RESPONDENTS
(BY SRI D N NANJUNDA REDDY SR.COUNSEL FOR SRI K N PUTTEGOWDA, ADV. FOR R1 & 2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYER TO QUASH THE IMPUGNED CIRCULAR VIDE ANNEXURE-F DATED 28.9.2012 PASSED BY THE 1ST RESPONDENT IMPOSING IMPROVEMENT CHARGES OF RS.550/- PER SQUARE METER AND ITS CONSEQUENTIAL IMPUGNED ENDORSEMENT VIDE ANNEXURE-A DATED 13.12.2012 PASSED BY 2ND RESPONDENT AND ETC. W.P.Nos.51508-510/2012 BETWEEN: 1. A NARASIMHA MURTHY AGED ABOUT 62 YEARS, S/O LATE CHIKKA ABBAYAPPA 2. B.N. KUMAR AGED ABOUT 35 YEARS, S/O A. NARASIMHA MURTHY, 3. B.N. GAJENDRA AGED ABOUT 29 YEARS,
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S/O A. NARASIMHA MURTHY, ALL ARE RESIDING AT NO.125/1, N.M. GARDEN, DODDA KAMMANAHALLI BANNERGHATTA ROAD, SOS POST, BANGALORE 560076 REP. BY THEIR GPA M/S. INNOVATIVE INFRA PROJECTS A REGISTERED PARTNERSHIP FIRM, NO.60, 1ST CROSS, II MAIN, J.P NAGAR, 4TH PHASE, DOLLARS COLONY, BANGALORE- 560078 BY ITS PARTNERS SRI D. SRINIVAS SRI MANOJ KUMAR BAHETI, SRI A. PRAVEEN, SRI.MURALI NARAYAN RATHI ... PETITIONERS
(BY SRI T P VIVEKANANDA, ADV.) AND: 1. BRUHAT BANGALORE MAHANAGARA PALIKE REP. BY ITS COMMISSIONER N.R. SQUARE, BANGALORE-02 2. THE JOINT DIRECTOR OF TOWN PLANNING (SOUTH) BRUHAT BANGALORE MAHANAGARA PALIKE, N.R. SQUARE, BANGALORE-02 3. THE ASSISTANT REVENUE OFFICER BEGUR SUB-DIVISION, BRUHAT BANGALORE MAHANAGARA PALIKE, BANGALORE-560 002. 4. STATE OF KARNATAKA DEPARTMENT OF URBAN DEVELOPMENT VIKAS SOUDHA, BANGALORE 560001 REP. BY ITS SECRETARY ... RESPONDENTS
(BY SRI D N NANJUNDA REDDY, SR. COUNSEL FOR SRI K N PUTTEGOWDA, ADV. FOR R1 & 2 E/NOTICE ISSUED TO R3 SRI N B VISHWANATH, AGA. FOR R4)
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THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYER TO QUASH THE CIRCULAR DATED 28.09.12 ISSUED BY THE R1 AT ANNX-H AND ETC. W.P.No.42/2013 BETWEEN: M/S S R CONSTRUCTIONS PARTNER M/S S R CONSTRUCTIONS, NO.7/272, KAKATEEYA RESIDENCY, COURT ROAD, ANTHAPURA A.P. REP.BY ITS PARTNER SRI M RAJAGOPAL, S/O SRI M SESHAIAH NAIDU, AGED ABOUT 43 YEARS ... PETITIONER
(BY SRI RAGHUNATH C M, ADV.) AND: 1. STATE OF KARNATAKA DEPT. OF HOUSING & URBAN DEVELOPMENT, M.S BUILDING, BANGALORE- 560 001 BY ITS SECRTARY 2. THE COMMISSIONER BRUHAT BEGALURU MAHANAGARA PALIKE, BANGALORE- 560 002 3. THE JOINT COMMISSIONER YELAHANKA, ZONE, BYATARAYANAPURA, BBMP, BANGALORE-92 4. THE ASST. REVENUE OFFICER YELAHANKA, SUB ZONE BBMP, BANGALORE-64 ... RESPONDENTS
(BY SRI N B VISHWANATH, AGA. FOR R1 SRI D N NANJUNDA REDDY, SR. COUNSEL FOR SRI K N PUTTEGOWDA, ADV. FOR R2 -4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYER TO QUASH THE CIRCULAR DATED 28.9.2012 VIDE ANNEXURE-A ISSUED BY THE SECOND RESPONDENT AND ETC.
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W.P.No.44/2013 BETWEEN: SMT. M CHANDRAKALA W/O KODANDA RAM REDDY, AGED ABOUT 42 YEARS, R/AT NO.251, 2ND CROSS, VIVEKANANDANAGAR, BEGUR ROAD, BOMMANANHALLI, BANGALORE-560068 ... PETITIONER
(BY SRI RAGHUNATH C M, ADV.) AND: 1. STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY, THE URBAN DEVELOPMENT DEPARTMENT, VIDHANA SOUDHA, BANGALORE-01. 2. THE COMMISSIONER BRUHATH BANGALOE MAHANAGARA PALIKE, N.R.CIRCLE, BANGALORE-560002. 3. THE JOINT COMMISSIONER MAHADEVAPURA ZONE, BRUHATH BANGALORE MAHANAGARA PALIKE, BANGALORE-560048 4. THE DEPUTY COMMISSIONER MAHADEVAPURA ZONE, BRUHATH BANGALORE MAHANAGARA PALIKE, BANGALORE-560048 ... RESPONDENTS
(BY SRI B V MURALIDHAR, ADV. FOR R2 -4 SRI N B VISHWANATH, AGA. FOR R1)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYER TO QUASH THE NOTIFICATION DATED 23.12.2009 VIDE ANNEXURE-E PASSED BY THE 1ST RESPONDENT AND CONSEQUENTLY THE CIRCULAR DATED 7.11.2007 VIDE ANNEXURE-C ISSUED BY THE 2ND RESPONDENT AND THE DEMAND NOTICE / OFFICIAL MEMORANDUM DATED 3.12.2012 VIDE ANNEXURE-B ISSUED BY FOURTH RESPONDENT AND ETC.
19
W.P.No.67/2013 BETWEEN: SMT. RENUKA MANGNANI W/O LATE MOHAN MANGANANI, AGED ABOUT 40 YEARS, R/AT J-76, DIAMOND DISTRICT, OLD AIRPORT ROAD, BANGALORE-560017 ... PETITIONER
(BY SRI T NAGARAJA, ADV. ) AND: 1. THE URBAN DEVELOPMENT DEPARTMENT BY ITS SECRETARY, VIDHANA SOUDHA, BANGALORE-560001 2. THE COMMISSIONER BRUHAT BANGALORE MAHANAGARA PALIKE, N.R.CIRCLE, BANGALORE-560002. 3. THE JOINT/DEPUTY COMMISSIONER BBMP, MAHADEVPURA DIVISION, MAHADEVPURA, BANGALORE-560048 ... RESPONDENTS
(BY SRI N B VISHWANATH, AGA. FOR R1 SRI D N NANJUNDA REDDY, SR. COUNSEL FOR SRI K N PUTTEGOWDA, ADV. FOR R2 & 3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYER TO QUASH THE CIRCULAR DT.28.9.12,PASSED BY THE R2 PRODUCED AT ANN-E & THE IMPUGNED NOTICE DT.6.12.12 ISSUED BY THE R3 THE JOINT/DEPUTY COMMISSIONER, BBMP, MAHADEVAPURA DIVISION, BEST, BANGALORE-48 i.e IMPROVEMENT CHARGES ARE CONCERNED, PROCUED AT ANN-A AND ETC.
W.P.Nos.68-69/2013 BETWEEN: SRI T SUDHAKAR S/O.T.BHASKAR CHOUDHARY,
20
AGED ABOUT 49 YEARS, R/AT NO.2257, 15TH A CROSS, 21ST A MAIN, HSR 1ST SECTOR, BANGALORE-560113 ... PETITIONER
(BY SRI T NAGARAJA, ADV.) AND: 1. THE URBAN DEVELOPMENT DEPARTMENT BY ITS SECRETARY, VIDHANA SOUDHA, BANGALORE-560001 2. THE COMMISSIONER BRUHAT BANGALORE MAHANAGARA PALIKE, N.R.CIRCLE, BANGALORE-560002. 3. THE ASSISTANT REVENUE OFFICER MAHADEVPURA DIVISION BBMP, WHITE FIELD SUB DIVISION, BANGALORE-560066 ... RESPONDENTS
(BY SRI N B VISHWANATH, AGA. FOR R1 SRI B V MURALIDHAR, ADV. FOR R2 & 3)
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYER TO QUASH THE CIRCULAR DATED 28.9.2012 PASSED BY THE 2ND RESPONDENT VIDE ANNEXURE-E AND THE IMPUGNED AN ENDORSEMENT DATED 19.12.2012 ISSUED BY THIRD RESPONDENT THE JOINT / DEPUTY COMMISSIONER, BBMP, MAHADEVPURA DIVISION BEST, BANGALORE-48 i.e. IMPROVEMENT CHARGES ARE CONCERNED VIDE ANN-A AND ETC. W.P.No.70/2013 BETWEEN: SMT. RENUKA MANGNANI W/O LATE MOHAN MANGNANI, AGED ABOUT 40 YEARS, R/AT J-76, DIAMOND DISTRICT, OLD AIRPORT ROAD, BANGALORE- 560 017 ... PETITIONER (BY SRI T NAGARAJA, ADV.)
21
AND: 1. THE URBAN DEVELOPMENT DEPARTMENT BY ITS SECRETARY, VIDHANA SOUDHA, BANGALORE- 560 001
2. THE COMMISSIONER BRUHAT BANGALORE MAHANAGARA PALIKE, N.R CIRCLE, BANGALORE- 560 002 3. THE JOINT/DEPUTY COMMISSIONER BBMP, MAHADEVPURA DIVISION, MAHADEVAPURA, BANGALORE- 560 048 ... RESPONDENTS
(BY SRI N B VISHWANATH, AGA. FOR R1 SRI D N NANJUNDA REDDY, SR. COUNSEL FOR SRI K N PUTTEGOWDA, ADV. FOR R2 & 3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYER TO QUASH THE CIRCULAR DT.28.9.12, PASSED BY THE R2 PRODUCED AT ANN-E & THE IMPUGNED NOTICE DT.6.12.12 ISSUED BY THE R3 THE JOINT/DEPUTY COMMISSIONER, BBMP, MAHADEVAPURA DIVISION, BEST, BANGALORE-48 i.e., IMPROVEMENT CHARGES ARE CONCERNED, PROCUED AT ANN-A AND ETC. W.P.No.71/2013 BETWEEN: SMT. CHANDRAMMA @ CHANDRAVATHI W/O LATE MUNIVENKATAPPA, AGED ABOUT 58 YEARS, R/AT NO.113, 3RD CROSS, DEVASANDRA MAIN ROAD, K.R.PURAM HOBLI, BANGALORE EAST TALUK, BANGALORE-560036. ... PETITIONER (BY SRI T NAGARAJA, ADV.) AND: 1. THE URBAN DEVELOPMENT DEPARTMENT BY ITS SECRETARY, VIDHANA SOUDHA, BANGALORE-560001
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2. THE COMMISSIONER BRUHAT BANGALORE MAHANAGARA PALIKE, N.R.CIRCLE, BANGALORE-560002. 3. THE JOINT/DEPUTY COMMISSIONER BBMP, MAHADEVPURA DIVISION, MAHADEVPURA, BANGALORE-560048 ... RESPONDENTS
(BY SRI N B VISHWANATH, AGA. FOR R1 SRI B V MURALIDHAR, ADV. FOR R2 & 3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYER TO QUASH THE CIRCULAR DATED 28.9.2012 PASSED BY THE 2ND RESPONDENT VIDE ANNEXURE-E AND THE IMPUGNED NOTICE DATED 4.10.2012 ISSUED BY THIRD RESPONDENT THE JOINT / DEPUTY COMMISSIONER, BBMP, MAHADEVPURA DIVISION BEST, BANGALORE - 48 i.e. IMPROVEMENT CHARGES ARE CONCERNED VIDE ANNEXURE-A AND ETC. W.P.Nos.72-74/2013 BETWEEN: 1. SRI P N KRISHNAREDDY S/O LATE NARAYANAREDDY, AGED ABOUT 43 YEARS, 2. SRI P N BABUREDDY, S/O LATE NARAYANAREDDY, AGED ABOUT 42 YEARS, 3. SRI P N RAGHURAMAREDDY S/O LATE NARAYANAREDDY, AGED ABOUT 35 YEARS ALL R/AT NO.PANTHURU VILLAGE, VARTHUR HOBLI, BANGALORE EAST TALUK, BANGALORE-560036 ... PETITIONERS
(BY SRI T NAGARAJA, ADV.) AND: 1. THE URBAN DEVELOPMENT DEPARTMENT BY ITS SECRETARY,
23
VIDHANA SOUDHA, BANGALORE-560001 2. THE COMMISSIONER BRUHAT BANGALORE MAHANAGARA PALIKE, N.R.CIRCLE, BANGALORE-560002. 3. THE JOINT/DEPUTY COMMISSIONER BBMP, MAHADEVPURA DIVISION, MAHADEVPURA, BANGALORE-560048 ... RESPONDENTS
(BY SRI N B VISHWANATH, AGA. FOR R1 SRI D N NANJUNDA REDDY, SR. COUNSEL FOR SRI K N PUTTEGOWDA, ADV. FOR R2 & 3)
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYER TO QUASH THE CIRCULDAR DATED 28.9.2012 PASSED BY THE 2ND RESPONDENT VIDE ANNEXURE-E AND THE IMPUGNED NOTICE DATED 27.11.2012 ISSUED BY THIRD RESPONDENT THE JOINT / DEPUTY COMMISSIONER, BBMP, MAHADEVPURA DIVISION BEST, BANGALORE - 48 i.e. IMPROVEMENT CHARGES ARE CONCERNED VIDE ANNEXURE-A AND ETC. W.P.No.197/2013 BETWEEN: M/S. ISIRI ESTATES (A REGISTERED PARTNERSHIP FIRM) BUILDERS AND DEVELOPERS NO.98, GROUND FLOOR “SRI NILAYA”, 17TH MAIN 19TH A CROSS, 3RD SECTOR HSR LAYOUT, BANGALORE 560 102 REP. BY ITS PARTNERS SR M G ANAND KUMAR SMT B L SAVITHA ANAND KUMAR SMT K V HEMAVATHI LINGAPPA SRI B L LINGARJU ... PETITIONER
(BY SRI T P VIVEKANANDA, ADV.) AND: 1. BHRUHAT BANGALORE MAHANAGARA PALIKE N R SQUARE
24
BANGALORE 560 002 REP. BY ITS COMMISSIONER 2. THE ASSISTANT DIRECTOR TOWN PLANNING (SOUTH) OFFICE OF THE JOINT DIRECTOR OF TOWN PLANNING BRUHAT BANGALORE MAHANAGARA PALAIKE N R SQUARE BANGALORE 560 002 3. THE ASSISTANT REVENUE OFFICER BEGUR SUB-DIVISION BRUHAT BANGALORE MAHANAGARA PALIKE BANGALORE 560 068 4. STATE OF KARNATAKA DEPARTMENT OF URBAN DEVELOPMENT VIKAS SOUDHA BANGALORE 560 001 REP. BY ITS SECRETARY ... RESPONDENTS
(BY SRI N B VISHWANATH, AGA. FOR R4 SRI D N NANJUNDA REDDY, SR. COUNSEL FOR SRI K N PUTTEGOWDA, ADV. FOR R1- 3)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYER TO QUASH THE CIRCULAR DT.28.9.12 ISSUED BY THE R1 AT ANN-H AND ETC.
W.P.No.236/2013 BETWEEN: H R SRIKANTH S/O H N RAMAKRISHNA REDDY AGED ABOUT 34 YEARS, R/AT NO. 97/2, 5TH CROSS, VIRGONAGAR POST, CHIKKABASVANAPURA VILLAGE, KRISHNARAJA PURAM HOBLI, BANGALORE EAST TALUK, BANGALORE-49. ... PETITIONER
(BY SRI NAGAIAH & SRI R D PANCHAM, ADVS.)
25
AND: 1. THE URBAN DEVELOPMENT DEPARTMENT BY ITS SECRETARY, VIDHANA SOUDHA, BANGALORE-01. 2. THE COMMISSIONER BRUHAT BANGALORE MAHANAGARA PALIKE, N.R.CIRCLE, BANGALORE-02. 3. THE JOINT/DEPUTY COMMISSIONER BBMP, MAHADEVPURA DIVISION MAHADEVPURA, BANGALORE-48. ... RESPONDENTS
(BY SRI N B VISHWANATH, AGA. FOR R1 SRI R SUBRAMANYA, ADV. FOR R2 & 3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYER TO QUASH THE CIRCULAR DATED 28.9.2012 PASSED BY THE 2ND RESPONDENT VIDE ANNEXURE-K AND THE IMPUGNED NOTICE DATED 23.11.2012 ISSUED BY THIRD RESPONDENT THE JOINT / DEPUTY COMMISSIONER, BBMP, MAHADEVPURA DIVISION BEST, BANGALORE-48, i.e, IMPROVEMENT CHARGES ARE CONCERNED, PRODUCED AT ANN-F AND ETC. W.P.No.237/2013 BETWEEN: H R PRASHANTH S/O H N RAMAKRISHNA REDDY AGED ABOUT 32 YEARS R/A NO.97/2, 5TH CROSS VIRGONAGAR POST, CHIKKABASAVANAPURA VILLAGE, KRISHNARAJA PURAM HOBLI BANGALORE EAST TALUK BANGALORE-560049 ... PETITIONER
(BY SRI NAGAIAH & SRI R D PANCHAM, ADVS.) AND: 1. THE URBAN DEVELOPMENT DEPARTMENT BY ITS SECRETARY,
26
VIDHANA SOUDHA BANGALORE-01 2. THE COMMISSIONER BRUHAT BANGALORE MAHANAGARA PALIKE N R CIRCLE, BANGALORE-560002 3. THE JOINT/DEPUTY COMMISSIONER BBMP, MAHADEVPURA DIVISION MAHADEVPURA BANGALORE-560048 ... RESPONDENTS
(BY SRI N B VISHWANATHA, AGA. FOR R1 SRI R SUBRAMANYA, ADV. FOR R2 & R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYER TO QUASH THE CIRCULAR DATED 28.9.12 PASSED BY R2 VIDE ANNX-K AND THE IMPUGNED NOTICE DATED 24.11.12 ISSUED BY R3, THE JOINT/DY. COMMISSIONER, BBMP, MAHADEVPURA DVN, BEST BANGALORE IE., IMPROVEMENT CHARGES ARE CONCERNED VIDE ANNX-F AND ETC. W.P.No.238/2013 BETWEEN: SMT VIJAYALAKSHMI W/O H.N. RAMAKRISHNA REDDY AGED ABOUT 55 YEARS R/AT NO.97/2, 5TH CROSS, VIRGONAGAR POST, CHIKKABASAVANAPURA VILLAGE, KRISHNARAJA PURAM HOBLI, BANGALORE EAST TALUK BANGALORE-49 ... PETITIONER
(BY SRI NAGAIAH & SRI R D PANCHAM, ADVS.) AND: 1. THE URBAN DEVELOPMENT DEPARTMENT BY ITS SECRETARY, VIDHANA SOUTHA BANGALORE-01 2. THE COMMISSIONER BRUHAT BANGALORE
27
MAHANAGARA PALIKE N.R. CIRCLE, BANGALORE-02 3. THE JOINT / DEPUTY COMMISSIONER BBMP, MAHADEVPURA DIVISION, MAHADEVPURA, BANGALORE-48 ... RESPONDENTS
(BY SRI N B VISHWANATHA, AGA. FOR R1 SRI R SUBRAMANYA, ADV. FOR R2 & R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYER TO QUASH THE CIRCULAR DATED 28.9.2012 PASSED BY THE 2ND RESPONDENT VIDE ANNEXURE-K AND THE IMPUGNED NOTICE DATED 23.11.2012, ISSUED BY THE R3, THE JOINT/DEPUTY COMMISSIONER, BBMP, MAHADEVPURA DIVISION BEST, BANGALORE-48, i.e, IMPROVEMENT CHARGES ARE CONCERNED, PRODUCED AT ANN-F AND ETC. W.P.No.403/2013 BETWEEN: M/S HARA VIJAYA ENTERPRISES NO.1, HARA HOUSE, GUTTE ANJANEYA TEMPLE STREET, HOSUR MAIN ROAD, WILSON GARDEN, BANGALORE-27 KARNATAKA / INDIA REP. BY ITS MANAGING PARTNER, SMT. PAOLA RAVHISHANKAR W/O SRI D. RAVHISHANKAR, AGED ABOUT 51 YEARS ... PETITIONER
(BY SRI S M BABU, ADV.) AND: 1. STATE OF KARNATAKA REP. BY ITS SECRETARY TO GOVT., URBAN DEVELOPMENT DEPARTMENT, VIDHANA SOUDHA, BANGALORE-01 2. THE COMMISSIONER BRUHAT BENGALURU MAHANAGARA PALIKE N.R. SQUARE, BANGALORE-02
28
3. THE JOINT DIRECTOR OF TOWN PLANNING BANGALORE SOUTH, BRUHAT BENGALURU MAHANAGARA PALIKE N.R. SQUARE, BANGALORE-02 ... RESPONDENTS
(BY SRI N B VISHWANATH, AGA. FOR R1 SRI D N NANJUNDA REDDY, SR. COUNSEL FOR SRI K N PUTTEGOWDA, ADV. FOR R2 & 3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYER TO QUASH THE CIRCULAR DATED 28.9.2012 VIDE ANNEXURE-A, ISSUED BY RESPONDENT NO.2 AND ALSO THE ENDORSEMENT [DEMAND NOTICE] DATED 26.12.2012 VIDE ANNEXURE-B ISSUED BY 3RD RESPONDENT AND ETC. W.P.Nos.674-675/2013 BETWEEN: 1. SRI M G RAMAKRISHNAREDDY S/O LATE GOVINDAPPA, AGED ABOUT 61 YEARS, R/AT MAHADEVPURA VILLAGE, K.R.PURAM HOBLI, MGR LAYOUT, WHITE FIELD ROAD, BANGALORE-48. 2. SRI. AMAN KAPUR S/O KRISHNA KUMAR KAPUR, AGED ABOUT 46 YEARS, R/AT NO. 73, FERN CITY, DODDANEKUNDI, BANGALORE-37. ... PETITIONERS
(BY SRI T NAGARAJA, ADV.) AND: 1. THE URBAN DEVELOPMENT DEPARTMENT BY ITS SECRETARY, VIDHANA SOUDHA, BANGALORE-01. 2. THE COMMISSIONER BRUHAT BANGALORE MAHANAGARA PALIKE, N.R.CIRCLE, BANGALORE-02.
29
3. THE ASSISTANT/ADDITIONAL DIRECTOR OF TOWN PLANNING BBMP, MAHADEVPURA DN, BANGALORE-48. ... RESPONDENTS
(BY SRI N B VISHWANATH, AGA. FOR R1 SRI B V MURALIDHAR, ADV. FOR R2 & 3)
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYER TO QUASH THE CIRCULAR DATED 28.9.12 PASSED BY THE R2 VIDE ANNX-E AND THE IMPUGNED ENDORSEMENT DATED 9.11.12 ISSUED BY R3, THE ASST/ADDL. DIRECTOR TOWN PLANNING BBMP, MAHADEVPURA DN., BANGALORE IE., IMPROVEMENT CHARGES ARE CONCERNED VIDE ANNX-A AND ETC. W.P.Nos.279/2013 & 1630-31/2013 BETWEEN: M/S MYHNA PROPERTIES PRIVATE LIMITED HAVING ITS OFFICE AT NO.83, FIRST FLOOR, (G.P.PLAZA), OUTER RING ROAD, NEAR KALA MANDHIR, MARTHAHALLI, BANGALORE-37 REP. BY ITS MANAGING DIRECTOR SRI M.KARTHIKEYAN S/O V. MAHALINGAM AGED ABOUT 33 YEARS ... PETITIONER (BY SRI S V MANJUNATHA, ADV. FOR M/S. NISARGA LAW ASSOCIATES) AND: 1. THE CHIEF SECRETARY STATE OF KARNATAKA VIDHANA SOUDHA, AMBEDKAR VEEDI BANGALORE-01 2. THE COMMISSIONER BRUHATH BANGALORE MAHANAGARA PALIKE J.C. ROAD, N.R. SQUARE, BANGALORE SOUTH BANGALORE-02
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3. THE ASSISTANT DIRECTOR TOWN PLANNING, MAHADEVAPURA (DIVSN), BRUHATH BANGALORE MAHANAGARA PALIKE BANGALORE-48 ... RESPONDENTS
(BY SRI N B VISHWANATH, AGA. FOR R1 SRI B V MURALIDHAR, ADV. FOR R2 & 3)
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYER TO QUASH THE IMPUGNED CIRCULAR UNDER ANN-E, DT.28.9.12 PASSED BY THE R1, IMPOSING IMPROVEMENT CHARGES OF RS.550/-PER SQUARE METER & ITS CONSEUENTIAL IMPUGNED NOTICE UNDER ANN-A DT.5.11.12 PASSED BY THE R3 AND ETC. W.P.Nos.695-697/2013 BETWEEN: 1. M/S KARLE INFRA PROJECTS PVT LTD., NO 151, INDUSTRIAL SUBURB YESHWANTHAPUR, BANGALORE 560 022 REP. BY ITS DIRECTOR MR. SUDARSHAN KARLE S/O LATE L T KARLE AGED ABOUT 58 YEARS 2. KARLE HOMES PVT LTD., (FORMERLY KNOWN AS WEST FIELD HOMES) NO 151, INDUSTRIAL SUBURB YESHWANTHAPURA BANGALORE 560 022 REP. BY TIS DIRECTOR MR. SUDARSHAN KARLE S/O LATE L T KARLE AGED ABOUT 58 YEARS 3. EAST FIELD HOMES NO 151, INDUSTRIAL SUBURB YESHWANTHAPUR BANGALORE 560 022 REP. BY ITS PARTNER MR. SUDARSHAN KARLE S/O LATE L T KARLE AGED ABOUT 58 YEARS ... PETITIONERS (BY SRI UDAYA HOLLA, SR. COUNSEL FOR SRI K SHASHIKIRAN SHETTY)
31
AND: 1. THE URBAN DEVELOPMENT DEPARTMENT GOVERNMENT OF KARNATAKA M S BUILDING, BANGALORE 560 001 BY ITS SECRETARY 2. THE COMMISSIONER, BRUHAT BANGALORE MAHANAGARA PALIKE N R SQUARE, BANGALORE 560 002 3. THE JOINT DIRECTOR TOWN PLANNING BANGALORE NORTH BRUHAT BANGALORE MAHANAGARA PALIKE, BANGALORE-02 4. THE ADDITIONAL DIRECTOR (TOWN PLANNING) BRUHAT BANGALORE MAHANAGARA PALIKE N R SQUARE, BANGALORE 560 002 ... RESPONDENTS
(BY SRI N B VISHWANATH, AGA. FOR R1 SRI B V MURALIDHAR, ADV. FOR R2 & 3)
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYER TO QUASH THE CIRCULAR DATED 28.9.2012 VIDE ANNEXURE-A AND ETC.
W.P.No.828/2013 BETWEEN: SRI. REVEREND FATHER THERECIOUS SUPERIOR ST.JOSEPH MONASTERY HAVING ITS OFFICE AT ST JOSEPH MONASTERY CARMELARAM BANGALORE-560 035 REPT. BY ITS FATHER GEORGE VATTIKUZHIYIL
32
S/O MATHEW VATTIKUZHIYIL AGED ABOUT 47 YEARS SUPERIOR FATHER OF THE PETITIONER TRUST. ... PETITIONER
(BY SRI T NAGARAJA, ADV.) AND: 1. THE URBAN DEVELOPMENT DEPARTMENT BY ITS SECRETARY, VIDHANA SOUDHA, BANGALORE-560 001 2. THE COMMISSIONER BRUHAT BANGALORE MAHANAGARA PALIKE, N.R. CIRCLE, BANGALORE-560002 3. THE JOINT/DEPUTY COMMISSIONER BBMP, MAHADEVPURA DIVISION, MAHADEVPURA, BANGALORE-560 048 ... RESPONDENTS
(BY SRI N B VISHWANATH, AGA. FOR R1 SRI M R SHAILENDRA, ADV. FOR R2 & R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYER TO QUASH THE CIRCULAR DATED 28.9.12 PASSED BY R2 VIDE ANNX-E AND IMPUGNED NOTICE DATED 26.11.12 ISSUED BY R3 THE JOINT/DEPUTY COMMISSIONER, BBMP MAHADEVPURA DIVISION BEST, BANGALORE IE., IMPROVEMENT CHARGES ARE CONCERNED VIDE ANNX-A AND ETC. W.P.No.824/2013 BETWEEN: SRI. REVEREND FATHER THERECIOUS SUPERIOR ST. JOSEPH MONASTERY HAVING ITS OFFICE AT ST JOSEPH MONASTERY CARMELARAM, BANGALORE-35 REPT. BY ITS FATHER GEORGE VATTIKUZHIYIL S/O MATHEW VATTIKUZHIYIL AGED ABOUT 47 YEARS
33
SUPERIOR FATHER OF THE PETITIONER TRUST ... PETITIONER
(BY SRI T NAGARAJA, ADV.) AND: 1. THE URBAN DEVELOPMENT DEPARTMENT BY ITS SECRETARY, VIDHANA SOUDHA, BANGALORE-560 001 2. THE COMMISSIONER BRUHAT BANGALORE MAHANAGARA PALIKE, N.R. CIRCLE, BANGALORE-560002 3. THE JOINT/DEPUTY COMMISSIONER BBMP, MAHADEVPURA DIVISION, MAHADEVPURA, BANGALORE-560 048 ... RESPONDENTS (BY SRI N B VISHWANATH, AGA. FOR R1 SRI D N NANJUNDA REDDY, SR. COUNSEL FOR SRI K N PUTTEGOWDA, ADV. FOR R2 & 3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYER TO QUASH THE CIRCULAR DT.28.9.12 PASSED BY THE R2 PRODUCED AT ANN-E & THE IMPUGNED NOTICE DT.26.11.12, ISSUED BY THE R3, THE JOINT/DEPUTY COMMISSIONER, BBMP, MAHADEVPURA DIVISION BEST, BANGALORE-48, i.e, IMPROVEMENT CHARGES ARE CONCERNED, PRODUCED AT ANN-A AND ETC. W.P.No.825/2013 BETWEEN: SRI. REVEREND FATHER THERECIOUS SUPERIOR ST. JOSEPH MONASTERY HAVING ITS OFFICE AT ST JOSEPH MONASTERY CARMELARAM, BANGALORE-35 REPT. BY ITS FATHER GEORGE VATTIKUZHIYIL S/O MATHEW VATTIKUZHIYIL AGED ABOUT 47 YEARS
34
SUPERIOR FATHER OF THE PETITIONER TRUST ... PETITIONER
(BY SRI T NAGARAJA, ADV.) AND: 1. THE URBAN DEVELOPMENT DEPARTMENT BY ITS SECRETARY, VIDHANA SOUDHA, BANGALORE-560 001 2. THE COMMISSIONER BRUHAT BANGALORE MAHANAGARA PALIKE, N.R. CIRCLE, BANGALORE-560002 3. THE JOINT/DEPUTY COMMISSIONER BBMP, MAHADEVPURA DIVISION, MAHADEVPURA, BANGALORE-560 048 ... RESPONDENTS (BY SRI N B VISHWANATH, AGA. FOR R1 SRI M R SHAILENDRA, ADV. FOR R2 & R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYER TO QUASH THE CIRCULAR DT.28.9.12 PASSED BY THE R2 PRODUCED AT ANN-E & THE IMPUGNED NOTICE DT.26.11.12, ISSUED BY THE R3, THE JOINT/DEPUTY COMMISSIONER, BBMP, MAHADEVPURA DIVISION BEST, BANGALORE-48, i.e, IMPROVEMENT CHARGES ARE CONCERNED, PRODUCED AT ANN-A AND ETC. W.P.Nos.1024-28/2013 BETWEEN: 1. SRI K BABU S/O A KRISHNAREDDY, AGED ABOUT 48 YEARS, 2. SMT. SHUBHA W/O K BABU AGED ABOUT 35 YEARS, BOTH ARE R/AT NO. 88/1B, 11TH MAIN, KRISHNAREDDY COMPOUND, BEGUR ROAD, HONGASANDRA, BANGALORE-68.
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3. SRI. G K RAJGOPAL NAIDU S/O KRISHNAM NAIDU, AGED ABOUT 32 YEARS, R/AT NO.28, ADHYA NILAYA, IST CROSS, KALYANANAGARA, BANGALORE-560 043 4. SRI. A SUBRAMANI S/O ANNAIAH NAIDU AGED ABOUT 32 YEARS, R/AT NO.102, IST FLOOR, MARUTHI NILAYA, IST A MAIN, 3RD CROSS, BALAJI LAYOUT, BABUSAPALYA, KALYANAGARA, BANGALORE-560 043 5. SRI. G VENKATESH S/O RAMANAIDU AGED ABOUT 32 YEARS R/AT NO.2, 5TH CROSS, VIJAYA BANK COLONY, BANASAWADI, BANGALORE-43 ... PETITIONERS (BY SRI T NAGARAJA, ADV.) AND: 1. THE URBAN DEVELOPMENT DEPARTMENT BY ITS SECRETARY, VIDHANA SOUDHA, BANGALORE-560 001. 2.THE COMMISSIONER BRUHAT BANGALORE MAHANGARA PALIKE, N.R.CIRCLE, BANGALORE-02. 3.THE ASSISTANT REVENUE OFFICER BEGUR SUB DN, BBMP, MAHADEVPURA, BANGALORE-68. ... RESPONDENTS (BY SRI N B VISHWANATH, AGA. FOR R1 SRI D N NANJUNDA REDDY, SR. COUNSEL FOR SRI K N PUTTEGOWDA, ADV. FOR R2 & 3) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYER TO QUASH THE CIRCULAR DT.28.9.12,PASSED BY THE R2 PRODUCED AT ANN-E & THE IMPUGNED NOTICE DT.01.01.13 ISSUED BY THE R3 THE ASST. REVENUE OFFICER, BBMP, BEGURU DN
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BANGALORE i.e., IMPROVEMENT CHARGES ARE CONCERNED, PROCUED AT ANN-A AND ETC. W.P.Nos.1126-38/2013 BETWEEN: 1. SMT SUGUNA AGED ABOUT 59 YEARS, W/O LATE M KRISHNAPPA, 2. SRI M MUNIRAJU AGED ABOUT 35 YEARS, S/O LATE M KRISHNAPPA, 3. SRI K GANESH AGED ABOUT 33 YEARS, S/O LATE M KRISHNAPPA, 4.SMT K PADMA AGED ABOUT 41 YEARS, D/O LATE M KRISHNAPPA, 5.SMT K BHAGYA AGED ABOUT 39 YEARS, D/O LATE M KRISHNAPPA, 6.SMT K KAVITHA AGED ABOUT 25 YEARS, D/O LATE M KRISHNAPPA, 7. SRI CHANNARAYANA REDDY AGED ABOUT 62 YEARS, S/O LATE MUNIYAPPA, 8.SMT. VANALAKSHMI AGED ABOUT 57 YEARS, W/O CHANNARAYA REDDY, 9.SRI C. VIJAYAKUMAR AGED ABOUT 38 YEARS, S/O CHANNARAYA REDDY, 10.SRI C. MANJU AGED ABOUT 33 YEARS, S/O CHANNARAYA REDDY, 11.MRS. HEMAVATHI AGED ABOUT 42 YEARS, D/O CHANNARAYA REDDY,
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12. MS. USHA AGED ABOUT 31 YEARS, D/O CHANNARAYA REDDY, ALL R/AT KAGGADASAPURA VILLAGE K R PURA HOBLI, BANGALORE EAST TALUK-36 13. SOMANNA AGED ABOUT 70 YEARS, S/O LATE SRI NARAYANA REDDY, R/A NO.1, IIIRD MAIN, L.N. REDDY COLONY RAMASWAMY PALYA, BASAVANAGAR, MARTHALLI, BANGALORE 560037 REP. BY THEIR POWER OF ATTORNEY HOLDER SRI KISHORE KUMAR S/O SHANTHILAL, AGED ABOUT 42 YEARS, R/AT NO.99/100-1064 1ST FLOOR, PRESTIGE TOWERS RESIDENCY ROAD, BANGALORE 560025 ... PETITIONERS (BY SRI L K SRINIVAS MURTHY, ADV. FOR M/S. LAW ASSOCIATES) AND: 1.THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY, URBAN DEVELOPMENT DEPARTMENT, VIDHANA SOUDHA, BANGALORE-01 2.THE COMMISSIONER BRUHAT BANGALORE MAHANAGARA PALIKE, HUDSON CIRCLE, CORPORATION OFFICES, BANGALORE-02 3.THE ASSISTANT REVENUE OFFICER BRUHAT BANGALORE MAHANAGARA PALIKE, HAL AIR PORT SUB DIVISION, MAHADEVAPURA DIVISION, BANGALORE-37
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4.THE JOINT DIRECTOR (TOWN PLANNING-NORTH) BRUHAT BANGALORE MAHANAGARA PALIKE, N.R. SQUARE, BANGALORE-02 ... RESPONDENTS (BY SRI N B VISHWANATH, AGA. FOR R1 SRI D N NANJUNDA REDDY, SR. COUNSEL FOR SRI K N PUTTEGOWDA, ADV. FOR R2-4) THESE WRIT PETITIONS ARE FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYER TO QUASH THE NOTICE DT.2.1.2013 ISSUED BY THE R-4 AS CONTAINED IN ANNEXURE-S. AND CIRCULAR DT.28.9.2012 PASSED BY R-2 COMMISSIONER, BRUHAT BANGALORE MAHANAGARA PALIKE, BANGALORE AS CONTAINED IN ANNEXURE-R AND ETC. W.P.No.1147/2013 BETWEEN: SRI KEMPARAJU S/O LATE KRISHNAPPA AGED ABOUT 57 YEARS NO.846, 6TH MAIN ROAD, L.N. COLONY, BANGALORE-22 ... PETITIONER (BY SRI RAGHUNATH C M, ADV. ) AND: 1. STATE OF KARNATAKA DEPT. OF HOUSING & URBAN DEVELOPMENT, M.S. BUILDING, BANGALORE-01 BY ITS SECRETARY 2.THE COMMISSIONER BRUHAT BANGALORE MAHANAGARA PALIKE, BANGALORE-02 3.THE JOINT COMMISSIONER DASARAHALLI ZONE, BBMP, BANGALORE-94 4.THE ASST. REVENUE OFFICER SHETTAHALLI SUB-ZONE, BBMP, BANGALORE-64 ... RESPONDENTS
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(BY SRI N B VISHWANATH, AGA. FOR R1 SRI D N NANJUNDA REDDY, SR. COUNSEL FOR SRI K N PUTTEGOWDA, ADV. FOR R2-4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYER TO QUASH THE CIRCULAR DT.28.9.12 VIDE ANN-A, ISSUED BY THE R2 AND ETC. W.P.No.1361/2013 BETWEEN: SRI. G.V. SATHISH REDDY S/O SRI G T VENKATASWAMY REDDY AGED ABOUT 47 YEARS R/A GUNJUR VILLAGE VARTHUR HOBLI BANGALORE ... PETITIONER (BY M/S. IMRAN PASHA & CO., ADVS.) AND: 1.STATE OF KARNATAKA URBAN DEVELOPMENT DEPARTMENT BY ITS SECRETARY VIDHANA SOUDHA BANGALORE-01 2.THE COMMISSIONER BRUHATH BANGALORE MAHANAGARA PALIKE N R SQUARE, BANGALORE-02 3.THE DEPUTY COMMISSIONER MAHADEVAPURA WARD MAHADEVAPURA BRUHATH BANGALORE MAHANAGARA PAIKE BANGALORE-560048 4.THE ASSISTANT REVENUE OFFICER MAHADEVAPURA WARD MAHADEVAPURA BRUHATH BANGALORE MAHANAGARA PAIKE BANGALORE-560048 ... RESPONDENTS
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(BY SRI N B VISHWANATH, AGA. FOR R1 SRI D N NANJUNDA REDDY, SR. COUNSEL FOR SRI K N PUTTEGOWDA, ADV. FOR R2-4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYER TO QUASH THE CIRCULAR DATED 28.9.12 AT ANNX-C ISSUED BY R2 AND ETC. W.P.Nos.1434/2013 & 2043-44/2013 BETWEEN: 1. SRI. B. L KODANDARAMAIAH S/O B.C. LAKSHMAIAH AGED ABOUT 45 YEARS R/AT BELTHUR, BANGALORE 2. SRI. B.L. ANAND KUMAR @ SWAMY VEET SONDESH S/O SRI. B.C. LAKSHMAIAH AGED ABOUT 38 YEARS R/AT BELTHUR, BANGALORE 3. SRI. B.L. GIRISH KUMAR S/O SRI. B.C. LAKSHMAIAH AGED ABOUT 27 YEARS R/AT BELTHUR, BANGALORE ... PETITIONERS (BY SRI V.N. KUMAR, ADV.) AND: 1.STATE OF KARNATAKA DEPARTMENT OF URBAN DEVELOPMENT, 4TH FLOOR, VIKASA SOUDHA, AMBEDKAR VEEDHI BANGALORE-01 REP. BY ITS PRINCIPAL SECRETARY 2.THE COMMISSIONER BRUHAT BENGALURU MAHANAGARA PALIKE, N.R. CIRCLE, BENGALURU-560002 3.THE JOINT / DEPUTY COMMISSIONER DIRECTOR BRUHAT BENGALURU MAHANAGARA PALIKE, MAHADEVAPURA DIVISION, BANGALORE-48 ... RESPONDENTS
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(BY SRI N B VISHWANATH, AGA. FOR R1 SRI D N NANJUNDA REDDY, SR. COUNSEL FOR SRI K N PUTTEGOWDA, ADV. FOR R2 & 3) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYER TO QUASH THE IMPUGNED NOTICE FOUND AT ANNX-D DATED 4.1.13 AND IMPUGNED CIRCULAR FOUND AT ANNX-F DATED 7.2.11 ISSUED BY R2. W.P.Nos.2479-83/2013 BETWEEN: 1.MUNIVENKATAPPA S/O LATE SRI. MUTHAPPA, AGED ABOUT 55 YEARS 2.CHIKKAMUNIYAPPA S/O LATE SRI. MUTTHAPPA, AGED ABOUT 64 YEARS, 3.SAMPANGI S/O LATE SRI. MUTTHAPPA, AGED ABOUT 45 YEARS, ALL ARE R/AT BALAGERE VILLAGE, VARTHUR HOBLI, BANGALORE EAST TALUK, BANGALORE-560103 PETITIONERS 1 TO 3 REP. BY THEIR G.P.A. HOLDER 4. MR. M VENKATA REDDY S/O M PAPAIAH AGED ABOUT 35 YEARS 5.MR. P N SUNIL BABU S/O P M NAGARAJU, AGED ABOUT 30 YEARS, BOTH 4 & 5 ARE MANAGING PARTNERS M/S EXCEL STONE DEVELOPERS A PARTNERSHIP FIRM HAVING ITS OFFICE AT SY. NO. 86/1, MARIYAPPA LAYOUT, PANATHUR MAIN ROAD,
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PANATHUR POST, BANGALORE-103. ... PETITIONERS (BY SRI SUNDAR RAJ, ADV.) AND: 1.STATE OF KARNATAKA DEAPARTMENT OF URBAN DEVELOPMENT, VIDHANA SOUDHA, BANGALORE-01 REP. BY ITS SECRETARY. 2.THE COMMISSIONER BRUHAT BANGALORE MAHANAGARA PALIKE, N R CIRCLE, BANGALORE-02. 3.THE JOINT/DEPUTY COMMISSIONER BBMP, MAHADEVPURA DIVISION, MAHADEVPURA, BANGALORE-48. ... RESPONDENTS (BY SRI N B VISHWANATH, AGA. FOR R1 SRI G M CHANDRASHEKAR, ADV. FOR R2 & 3) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYER TO QUASH THE ORDER DATED 8.1.13 VIDE ANNX-C ISSUED BY R3 AND ETC. W.P.Nos.2582-83/2013 BETWEEN: 1.SRI. H.A. RAMAIAH S/O LATE DODDABBAIAH AGED ABOUT 67 YEARS 2.SRI H A THOTAPP S/O LATE DODDABBAIAH AGED ABOUT 64 YEARS 3.SRI H A GOPAL S/O LATE DODDABBAIAH AGED ABOUT 62 YEARS ALL ARE R/A HAGADURU VILLAGE IMMADIHALLY ROAD K R PURA HOBLI
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BANGALORE EAST TALUK BANGALORE ... PETITIONERS (BY SRI T NAGARAJA, ADV.) AND: 1.THE URBAN DEVELOPMENT DEPARTMENT BY ITS SECRETARY, VIDHANA SOUDHA BANGALORE-560001 2.THE COMMISSIONER BRUHAT BANGALORE MAHANAGARA PALIKE N R CIRCLE, BANGALORE-560002 3.THE ASSISTANT/DEPUTY DIRECTOR TOWN PLANNING, BBMP MAHADEVPURA DIVISION MAHADEVPURA BANGALORE-48 ... RESPONDENTS (BY SRI N B VISHWANATH, AGA. FOR R1 SRI D N NANJUNDA REDDY, SR. COUNSEL FOR SRI K N PUTTEGOWDA, ADV. FOR R2 & 3) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYER TO QUASH THE CIRCULAR DATED 28.9.12 PASSED BY R2 VIDE ANNX-F AND IMPUGNED NOTICE DATED 9.1.13 ISSUED BY R3, THE ASST/DY DIRECTOR, TOWN PLANNING, BBMP, MAHADEVPURA DVN BEST BANGALORE IE., IMPROVEMENT CHARGES ARE CONCERNED, VIDE ANNX-G AND ETC. W.P.No.2719/2013 BETWEEN: SHELL PROMOTERS & INFRA PRIVATE LIMITED ( A REGISTERED COMPANY INCORPORATED UNDER THE COMPANIES ACT), REP.BY ITS DIRECTOR, HAVING ITS REGD, OFFICE AT NO.20-601/SH/101, SHELL HOMES, MATRUSRI NAGARA, MIYAPUR, SHERILINGAMAPALLY MANDAL HYDERABAD-500050, ANDHRA PRADESH -STATE,
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REP.BY ITS DIRCTOR, DANDU PRADEEP SWARUP. ... PETITIONER (BY SRI UDAYAKUMAR P, ADV. ) AND: 1.THE URBAN DEVELOPMENT DEPARTMENT GOVERNMENT OF KARNATAKA, BY ITS SECRETARY, VIDHANASOUDHA, BANGALORE-1, 2.THE COMMISSIONER BRUHATH BANGALORE MAHANAGARA PALIKE, BANGALORE-560002. 3.THE JOINT DIRECTOR, TOWN PLANNING BANGALORE -EAST, BRUHATH BANGALORE MAHANAGARA PALIKE, BANGALORE-560002. ... RESPONDENTS (BY SRI N B VISHWANATH, AGA. FOR R1 SRI B V MURALIDHAR, ADV. FOR R2 & 3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYER TO QUASH THE CIRCULAR DT.28.9.12 VIDE ANN-A ISSUED BY THE R2 & QUASH THE DEMAND NOTICE DT.14.12.12 ISSUED BY THE R3, VIDE ANN-B. W.P.No.2746/2013 BETWEEN: SMT. USHA P W/O LATE MUNISHAMI, AGED ABOUT 50 YEARS, R/AT VARTHURU VILLAGE & HOBLI, BANGALORE EAST TALUK, ... PETITIONER (BY SRI T NAGARAJA, ADV.) AND: 1.THE URBAN DEVELOPMENT DEPARTMENT BY ITS SECRETARY, VIDHANA SOUDHA, BANGALORE-560001.
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2.THE COMMISSIONER BRUHAT BANGALORE MAHANAGARA PALIKE, N.R.CIRCLE, BANGALORE-560002. 3.THE JOINT/DEPUTY COMMISSIONER BBMP. MAHADEVPURA DIVISION, MAHADEVPURA, BANGALORE-560048. ... RESPONDENTS (BY SRI N B VISHWANATH, AGA. FOR R1 SRI D N NANJUNDA REDDY, SR. COUNSEL FOR SRI K N PUTTEGOWDA, ADV. FOR R2 & 3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYER TO QUASH THE CIRCULAR DATED 28.9.2012 PASSED BY THE 2ND RESPONDENT VIDE ANN-E AND THE IMPUGNED OFFICE MEMORANDUM DATED 10.1.2013 ISSUED BY THIRD RESPONDENT THE JOINT/DEPUTY COMMISSIONER, BBMP, MAHADEVPURA DIVISION, BEST, BANGALORE-48 i.e. IMPROVEMENT CHARGES ARE CONCERNED VIDE ANN-A AND ETC. W.P.No.49227/2012 BETWEEN: M/S MICRON ENGINEERING (BANGALORE) PVT. LTD., OFFICE AT NO.12, 5TH MAIN 3RD CROSS, GANDHINAGAR BANGALORE- 560 009 REP. BY ITS DIRECTOR MR. VISHNU R MOOLA ... PETITIONER (BY SRI S MAHESH, ADV. FOR M/S. MAHESH & CO.,) AND: 1. THE COMMISSIONER BRUHAT BENGALURU MAHANAGARA PALIKE J.C. ROAD, N.R. SQUARE BANGALORE SOUTH BANGALORE-06 2. THE ASSISTANT REVENUE OFFICER BRUHAT BENGALURU MAHANAGARA PALIKE
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YESWANTHPURA SUB-DIVISION BANGALORE NORTH BANGALORE-64. ... RESPONDENTS (BY SRI B V MURALIDHAR, ADV.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYER TO QUASH THE IMPUGNED CIRCULAR UNDER ANNX-G DATED 7.11.07 PASSED BY THE R1 IMPOSING IMPROVEMENT CHARGES OF RS. 550/- P.S.M AND THE SAID CONSEQUENTIAL IMPUGEND ENDORSEMENT UNDER ANNX-B DATED 23.11.12 PASSED BY R2 AND ETC. W.P.Nos.49268-273/2012 BETWEEN: M/S BM DEVELOPERS A PARTNERSHIP FIRM, HAVING ITS OFFICE AT FLAT NO. 405, VANDANA NEST, 7TH A CROSS, JAKKASANDRA, BANGALORE-560 034 REP. BY ITS PARTNER P GAJENDRA AGED ABOUT 39 YEARS, S/O P MUNISHAMY FLAT NO. 405,VANDANA NEST, 7TH A CROSS, JAKKASANDRA BANGALORE-560 034 ... PETITIONER (BY SRI T NAGARAJA, ADV.) AND: 1.THE URBAN DEVELOPMENT DEPARTMENT BY ITS SECRTARY, VIDHANA SOUDHA, BANGALORE- 560 001 2.THE COMMISSIONER BRUHAT BANGALORE MAHANAGARA PALIKE, N.R CIRCLE, BANGALORE-560 002 3.THE JOINT/DEPUTY COMMISSIONER BBMP, MAHADEVPURA DIVISION,
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MAHADEVPURA, BANGALORE- 560 048 ... RESPONDENTS (BY SRI N B VISHWANATH, AGA. FOR R1 SRI B V MURALIDHAR, ADV. FOR R2 & 3) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYER TO QUASH THE CIRCULAR DATED 28.9.12 PASSED BY THE R2 VIDE ANN-E AND THE IMPUGNED NOTICE DATED 20.10.12 ISSUED BY THE R3 THE JOINT/DEPUTY COMMISSIONER, BBMP, MAHADEVAPURA DIVISION BEST, BANGALORE IE., IMPROVEMENT CHARGES ARE CONCERNED VIDE ANNX-A AND ETC. W.P.No.49387/2012 BETWEEN: SRI LENKAPPA S/O LATE CHIKKAHANUMAIAH AGED ABOUT 72 YAERS R/AT THIRUMENAHALY VILLAGE YALAHANKA HOBLI BANGALORE NORTH TALUK BANGALORE-560045 ... PETITIONER (BY SRI T NAGARAJA, ADV.) AND: 1.THE URBAN DEVELOPMENT DEPARTMENT BY ITS SECRETARY VIDHANA SOUDHA BANGALORE-560001 2.THE COMMISSIONER BRUHAT BANGALORE MAHANAGARA PALIKE N R CIRLCE, BANGALORE-560002 3.THE ASSISTANT REVENUE OFFICER BYATARAYANAPURA SUB DN, YALAHANKA DN., BBMP, BANGALORE-560045 ... RESPONDENTS (BY SRI N B VISHWANATH, AGA. FOR R1 SRI B V MURALIDHAR, ADV. FOR R2 & 3)
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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYER TO QUASH THE CIRCULAR DATED 28.9.12 PASSED BY THE R2 VIDE ANNX-E AND THE IMPUGNED NOTICE DATED 27.11.12 ISSUED BY THE R3 THE ASST. REVENUE OFFICER BYTARANAPURA SUB DN, YALAHANKA DN, BBMP,BANGALORE NORTH TQ., BANGALORE-45 IE., IMPROVEMENT CHARGES ARE CONCERNED VIDE ANNX-A AND ETC. W.P.No.50104/2012 BETWEEN: M/S OIKOS APARTMENT PVT. LTD., HAVINGA ITS REGD. OFFICE AT 534 “THE EMBASSY”, 15, ALI ASKAR ROAD BANGALORE-52, ALLALASANDRA BANGALORE. REP. BY ITS AUTHORISED SIGNATORY MR. SANDEEP RATADIA ... PETITIONER (BY SRI S MAHESH, ADV. FOR M/S. MAHESH & CO.,) AND: 1.THE COMMISSIONER BRUHATH BENGALURU MAHANAGARA PALIKE J C ROAD, N R SQUARE BANGALORE SOUTH BANGALORE-04 2.THE ASSISTANT REVENUE OFFICER BRUHATH BANGALORE MAHANAGARA PALIKE YELAHANKA SUB DIVISION BANGALORE EAST BANGALORE-64 ... RESPONDENTS (BY SRI B V MURALIDHAR, ADV.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYER TO QUASH THE IMPUGNED CIRCULAR UNDER ANNX-F DATED 28.9.12 PASSED BY R1 IMPOSING IMPROVEMENT CHARGES OF RS.550/- PER SQUARE METER AND ITS CONSEQUENTIAL IMPUGNED NOTICE UNDER ANNX-A DATED 4.12.12 PASSED BY R2 AND ETC.
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W.P.No.50227/2012 BETWEEN: M/S MANTRI DEVELOPERS PVT. LTD., REGISTERED OFFICE AT NO.41, MANTRI HOUSE, VITTAL MALLYA ROAD, BANGALORE-560 001, REP. BY ITS AUTHORISED SIGNATORY MR.GIRISH GUPTHA H.S. ... PETITIONER (BY SRI S MAHESH, ADV. FOR M/S. MAHESH & CO.,) AND: 1.THE COMMISSIONER BRUHATH BENGALURU MAHANAGARA PALIKE, J.C.ROAD, N.R.SQUARE, BANGALORE SOUTH, BANGALORE-560 006. 2.THE ASSISTANT REVENUE OFICER BRUHATH BENGALURU MAHANAGARA PALIKE, N.R.SQUARE SUB DIVISION, BANGALORE SOUTH, BANGALORE-02 3.THE JOINT DIRECTOR (TOWN PLANNING) BRUHATH BENGALURU MAHANAGARA PALIKE, N.R.SQUARE SUB DIVISION, BANGALORE SOUTH, BANGALORE-02 ... RESPONDENTS (BYSRI D N NANJUNDA REDDY, SR. COUNSEL FOR SRI K N PUTTEGOWDA, ADV. FOR R1-3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYER TO QUASH THE IMPUGNED CIRCULAR UNDER ANNX-F DATED 28.9.12 PASSED BY R1 IMPOSING IMPROVEMENT CHARGES OF RS.550/- PER SQUARE METER AND ITS CONSEQUENTIAL IMPUGNED ENDORSEMENT UNDER ANNX-A DATED 7.12.12 PASSED BY R2 AND ETC.
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W.P.No.50343/2012 BETWEEN : MR. K SURESH S/O LATE SRI KRISHNAPPA AGED ABOUT 50 YEARS R/A IMMADIHALLI NEAR MILK DIARY K R PURAM BANGALORE-560 066 ... PETITIONER (BY SRI SUNDAR RAJ, ADV.) AND : 1. STATE OF KARNATAKA DEPARTMENT OF URBAN DEVELOPMENT VIDHANA SOUDHA BANGALORE REP. BY ITS SECRETARY 2. THE COMMISSIONER BRUHAT BANGALORE MAHANAGARA PALIKE N R CIRCLE BANGALORE-560002 3. THE JOINT/DEPUTY COMMISSIONER BBMP MAHADEVPURA DIVISION MAHADEVPURA BANGALORE-560048 ... RESPONDENTS (BY SRI N B VISHWANATH, AGA. FOR R1 SRI M. R. SHAILANDRA, ADV. FOR R2 & 3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED NOTICE DATED 9.10.12 VIDE ANNX-A ISSUED BY R3; DIRECT THE R3 NOT TO INSIST/DEMAND THE PETITIONERS FOR THE PAYMENT OF IMPROVEMENT CHARGES FOR THE REGISTRATION AND ISSUANCE OF KATHA IN FAVOUR OF THE PETITIONERS IN VIEW OF THE ANNX-A. W.P.Nos.50666/2012 & 591/2013 BETWEEN : 1. MR. G V NAGARAJ REDDY S/O SRI. G.T. VENKATASWAMY REDDY
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AGED ABOUT 50 YEARS R/AT GUNJUR VILLAGE & POST BANGALORE EAST TALUK PETITIONER NO.1 IS REP. BY HIS POWER OF ATTORNEY HOLDER MR. M.K. DURANI MANAGING DIRECTOR N.D. DEVELOPERS PVT. LTD. NO.398, 2ND FLOOR 7TH CROSS, MICO LAYOUT B.T.M. II STAGE BANGALORE-76 2. N.D. DEVELOPERS PVT. LTD. REP. BY ITS MANAGING DIRECTOR MR. M.K.K. DURANI AGED ABOUT 45 YEARS NO.398, 2ND FLOOR 7TH CROSS, MICO LAYOUT B.T.M. 2ND STAGE BANGALORE-76 ... PETITIONERS (BY M/S. KAMAL & BHANU, ADVs.) AND : 1. THE GOVERNMENT OF KARNATAKA BY ITS SECRETARY URBAN DEVELOPMENT DEPARTMENT MULTI-STORIED BUILDING, BANGALORE-01 2. THE COMMISSIONER BRUHAT BANGALORE MAHANAGARA PALIKE N.R.CIRCLE BANGALORE-02 3. THE JOINT COMMISSIONER BRUHAT BANGALORE MAHANAGARA PALIKE MAHADEVAPURA RANGE BANGALORE-48 ... RESPONDENTS (BY SRI N B VISHWANATH, AGA. FOR R1 SRI D N NANJUNDA REDDY, SR. COUNSEL FOR SRI K N PUTTEGOWDA, ADV. FOR R2 & 3) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR RECORDS FROM THE R1 & R2 & AFTER GOING THROUGH THE PROPRIETY OR OTHERWISE OF THE PROCEEDINGS ISSUE A
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WRIT OF CERTIORARI & QUASH THE CIRCULAR DT.28.9.12, ISSUED BY THE R2, AS PER ANN-E AND ETC. W.P.No.50758/2012 BETWEEN : VEERASIMHASANA MATT REP. BY ITS MATHADHIPATHI, SHREE SHA BRA MAHANTALINGA SHIVACHARYA SWAMY VIBHUTHIPURA MATT, KAGGADASAPURA, BANGALORE- 560 048 ... PETITIONER (BY SRI ADINATHA NARADE, ADV. FOR M/S ADINATHA NARDE & REVATHY ASSTS.) AND : 1. THE URBAN DEVELOPMENT DEPARTMENT REP. BY ITS SECRETARY, VIDHANA SOUDHA, BANGALORE- 560 001 2. THE COMMISSIONER BRUHAT BENGALURU MAHANAGARA PALIKE N.R.SQUARE BANGALORE- 560 002 3. THE DEPUTY COMMISSIONER MAHADEVAPURA DIVISION, BRUHAT BENGALURU MAHANAGARA PALIKE BANGALORE- 560 048 ... RESPONDENTS (BY SRI N B VISHWANATH, AGA. FOR R1 SRI D N NANJUNDA REDDY, SR. COUNSEL FOR SRI K N PUTTEGOWDA, ADV. FOR R2 & 3) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR THE ENTIRE RECORDS PERTAINING TO THE CASE OF THIS PETITIONER;QUASH THE IMPUGNED NOTICE / INTIMATION DATED 20.11.2012 VIDE ANNEXURE-C, DEMANDING THE PETITIONER TO MAKE PAYMENT OF RS.8,35,450/- AND THE CIRCULAR DATED 28.9.2012 VIDE ANNEXURE-C1 ISSUED BY THE SECOND RESPONDENT WOARDS THE IMPROVEMENT
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CHARGES, THE COPY OF THE IMPUGNED NOTICE/ INTIMATION DATED 20.11.2012 IS PRODUCED HEREWITH AND ETC. W.P.No.52526/2012 BETWEEN : SKYLARK REALTY PVT. LTD. R/AT 4TH FLOOR, HDIL TOWER ANANT KANEKAR MARG BANDRA (E), MUMBAI 400 051 REP. BY ITS DIRECTOR MR.NISHANT ROA AYALASOMAYAJULA ... PETITIONER (BY SRI SANKET M. YENAGI, ADV. FOR M/S. LAWMEN INTERNATIONAL) AND : 1. BRUHAT BANGALORE MAHANAGARA PALIKE N R SQUARE, BANGALORE -02 BY ITS COMMISSIONER 2. ASSISTANT REVENUE OFFICER BOMMANAHALLI SUB DIVISION BRUHAT BANGALORE MAHANAGARA PALIKE BOMMANAHALLI, BANGALORE-02 3. THE ADMINISTRATOR BRUHAT BANGALORE MAHANAGARA PALIKE N R SQUARE, BANGALORE 02 ... RESPONDENTS (BY SRI B V MURALIDHAR, ADV. FOR 1-3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTIONOF INDIA, PRAYING TO QUASH THE NOTIFICATION DT.28.9.12 ISSUED BY THE R1 AT ANN-G, IN SO FAR AS THE PROPERTY OF THE PETITIONER AND ETC. W.P.No.120/2013 BETWEEN : TANGLIN DEVELOPMENTS LIMITED GLOBAL VILLAGE, R.V. COLLEGE POST, KENGERI HOBLI, BANGALORE-59
54
REP. BY ITS MANAGING DIRECTOR SRI NITIN BAGAMANE ... PETITIONER (BY SRI A RAVISHANKAR, ADV.) AND : 1. THE COMMISSIONER BRUHAT BANGALORE MAHANAGARA PALIKE N.R. SQUARE, BANGALORE-02 2. THE ASSISTANT DIRECTOR TOWN PLANNING (SOUTH) OFFICE OF THE JOINT DIRECTOR OF TOWN PLANNING BRUHAT BANGALORE MAHANAGARA PALIKE, N.R. SQUARE, BANGALORE-02 3. THE ASSISTANT REVENUE OFFICER KENGERI SUB-DIVISION, BRUHAT BANGALORE MAHANAGARA PALIKE, BANGALORE-59 4. STATE OF KARNATAKA DEPARTMENT OF URBAN DEVELOPMENT VIKAS SOUDHA, BANGALORE-01 REP. BY ITS SECRETARY ... RESPONDENTS (BY SRI N B VISHWANATH, AGA. FOR R4 SRI D N NANJUNDA REDDY, SR. COUNSEL FOR SRI K N PUTTEGOWDA, ADV. FOR R1- 3) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE CIRCULAR DT.28.9.12, ISSUED BY THE R1 AT ANN-L; QUASH THE ENDORSEMENT DT.21.12.12 AT ANN-Q ISSUED BY THE R3 AND ETC. W.P.No.2725/2013 BETWEEN : SMT. SOWBHAGYAMMA AGED ABOUT 49 YEARS W/O T N NANJAPPA R/AT MARAPPA COMPOUND THANISANDRA MAIN ROAD
55
ARABIC COLLEGE POST BANGALORE ... PETITIONER (BY SRI T NAGARAJA, ADV.) AND : 1. THE URBAN DEVELOPMENT DEPARTMENT BY ITS SECRETARY, VIDHANA SOUDHA BANGALORE -560001 2. THE COMMISSIONER BRUHAT BANGALORE MAHANAGARA PALIKE N R CIRCLE BANGALORE 560 002 3. THE ASSISTANT REVENUE OFFICER BBMP, HORAMAVU SUB-DN BANGALORE 560043 ... RESPONDENTS (BY SRI N B VISHWANATH, AGA. FOR R1 SRI R SUBRAMANYA, ADV. R2 & 3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO; QUASH THE CIRCULAR DATED 28.9.12 PASSED BY R2 VIDE ANNX-E AND IMPUGNED NOTICE DATED 8.1.13 ISSUED BY R3, THE ASST/REVENUE OFFICER, BBMP, HORAMAVU SUB DVN, BEST, WHICH IS PRODUCED ANN-A BANGALORE IE., IMPROVEMENT CHARGES ARE CONCERNED, VIDE ANNX-A AND ETC. W.P.No.2728/2013 BETWEEN : M/S. S.V.S. PROJECTS A PARTNERSHIP FIRM HAVING ITS OFFICE AT SY Nos.93 & 103 SRINIKETHAN YARRAYYANAPALYA RAMURTHYNAGARA BANGALORE 16 REP. BY ITS ONE OF THE MANAGING PARTNER SRI R LAKSHMI PRASANNA
56
D/O A PRABHAKAR REDDY AGED ABOUT 36 YEARS ... PETITIONER (BY SRI T NAGARAJA, ADV.) AND : 1. THE URBAN DEVELOPMENT DEPARTMENT BY ITS SECRETARY, VIDHANA SOUDHA BANGALORE 560 001 2. THE COMMISSIONER BRUHAT BANGALORE MAHANAGARA PALIKE N R CIRCLE, BANGALORE 560 002 3. THE ASSISTANT REVENUE OFFICER BBMP, HORAMAVU SUB DN BANGALORE 560043 ... RESPONDENTS (BY SRI N B VISHWANATH, AGA. FOR R1 SRI R SUBRAMANYA, ADV. R2 & 3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE CIRCULAR DATED 28.9.12 PASSED BY R2 VIDE ANNX-E AND IMPUGNED NOTICE DATED 8.1.13 ISSUED BY R3, THE ASST. REVENUE OFFICER, BBMP, HORAMAVU SUB DVN, BEST BANGALORE IE., IMPROVEMENT CHARGES ARE CONCERNED, VIDE ANNX-A AND ETC. W.P.Nos.2766/2013 & 3293-95/2013 BETWEEN : 1. SOBHA DEVELOPERS LTD., HAVING ITS REGISTERED AND CORPORATE OFFICE AT SARJAPUR-MARTHAHALLI OUTER RING ROAD (ORR) DEVARABISANAHALLI, BELLANADUR POST, BANGALORE-560103 REP. BY ITS AUTHORISED SIGNATORY MRS. V PADMAVATHI 2. D K SURESH S/O SRI KEMPEGOWDA AGED ABOUT 45 YEARS R/AT DODDAHALLAHALLI VILLAGE KANAKAPURA TALUK BANGALORE RURAL DISTRICT
57
3. GOWRAMMA W/O SRI KEMPEGOWDA AGED ABOUT 66 YEARS R/AT DODDAHALLAHALLI VILLAGE KANAKAPURA TALUK BANGALORE RURAL DISTRICT PETITIONER NOS.3 AND 3 ARE REP. BY THEIR POWER OF ATTORNEY HOLDER SOBHA DEVELOPERS LTD., THROUGH ITS AUTHORISED SIGNATORY MS. V PADMAVATHI ... PETITIONERS (BY SRI ANUP S SHAH, ADV. FOR M/S. ANUP S SHAH LAW FIRM SRI SURAJ GOVINDA RAJ, ADV.) AND : 1. THE URBAN DEVELOPMENT DEPARTMENT GOVERNMENT OF KARNATAKA BY ITS SECRETARY VIDHANA SOUDHA BANGALORE-01 2. BHRUHAT BANGALORE MAHANAGARA PALIKE HAVING ITS OFFICE AT N R SQAURE, BANGALORE-560002 REP. BY ITS COMMISSIONER 3. THE ASSISTANT REVENUE OFFICER RAJARAJESHWARI NAGAR SUB-ZONE BRUHAT BANGALORE MAHANAGARA PALIKE RAJARAJESHWARI NAGAR BANGALORE-560098 ... RESPONDENTS (BY SRI N B VISHWANATH, AGA. FOR R1 SRI B V MURALIDHAR, ADV. FOR R2 & 3) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE CIRCULAR DT.28.9.2012 VIDE ANNEXURE-E ISSUED Y R-2; QUASH ALL THE FOUR DEMAND NOTICES DT.5.1.2013 ISSUED BY R-3 BEING THE ASSISTANT REVENUE OFFICER BANGALORE MAHANAGARA PALIKE, RAJARAJESWARI
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NAGAR SUB ZONE, BANGALORE AT ANNEXURES-A,B,C,D AND ETC. W.P.No.3312/2013 BETWEEN : SRI ROSHAN GEORGE AGED ABOUT 44 YEARS S/O LATE C I GEORGE R/AT NO.974, HAL II STAGE BANGALORE 560008 REP. BY ITS GPA HOLDER GINA DEVELOPERS PVT LTD., COMPANY REGISTERED UNDER THE PROVISIONS OF THE INDIAN COMPANIES ACT NO.330, DOUBLE ROAD 1ST STAGE, INDIRANAGAR BANGALORE 560038 BY ITS MANAGING DIRECTOR SRI TOMY THOMAS ... PETITIONER (BY SRI T P VIVEKANANDA, ADV.) AND : 1. BRUHAT BANGALORE MAHANAGARA PALIKE N R SQUARE BANGALORE 560 002 REP. BY ITS COMMISSIONER 2. THE JOINT DIRECTOR TOWN PLANNING - NORTH OFFICE OF THE JOINT DIRECTOR OF TOWN PLANNING BRUHAT BANGALORE MAHANAGARA PALIKE N R SQUARE, BANGALORE 560 002 3. STATE OF KARNATAKA DEPARTMENT OF URBAN DEVELOPMENT VIKAS SOUDHA BANGALORE 560 001 REP. BY ITS SECRETARY ... RESPONDENTS (BY SRI B V MURALIDHAR, ADV. FOR R1 & 2 SRI N B VISHWANATH, AGA. FOR R3)
59
THIS WRIT PETITIN IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO; QUASH THE CIRCULAR DATED 28.9.12 ISSUED BY R1 AT ANNX-N; QUASH THE ENDORSEMENT DATED 9.1.13 AT ANNX-J ISSUED BY R2 AND ETC. W.P.No.3417/2013 BETWEEN : 1. A DEVARAJ S/O LATE B ASWATHA NARAYAN GOWDA AGED ABOUT 66 YEARS 2. SMT. M PRABHAKUMARI W/O A DEVARAJ AGED ABOUT 58 YEARS BOTH ARE R/AT NO. 118, II STAGE, MAHALAKSHMI LAYOUT WEST OF CHORD ROAD SERVICE ROAD BANGALORE-560086 REP. BY HIS POWER OF ATTORNEY HOLDER- M/S LEGACY GLOBAL PROJECTS PVT.LTD., REP.BY ITS DIRECTOR MR KIRAN GOWDA ... PETITIONERS (BY SRI S SHAKER SHETTY, ADV.) AND : 1. THE COMMISSIONER BRUHAT BANGALORE MAHANAGARA PALIKE N R SQUARE BANGALORE-560002 2. ASSISTANT REVENUE OFFICER BYATARAYANAPURA SUB-DIVISION YELAHANKA DIVISION BRUHAT BANGALORE MAHANAGARA PALIKE BANGALORE-560092 3. GOVERNMENT OF KARNATAKA REP. BY ITS SECRETARY URBAN DEVELOPMENT DEPARTMENT VIKASA SOUDHA
60
DR. AMBEDKAR VEEDHI BANGALORE-560001 ... RESPONDENTS (BY SRI N B VISHWANATH, AGA. FOR R3 SRI B V MURALIDHAR, ADV. FOR R1 & 2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE NOTIFICATION DT.28.9.2012 UNDER CIRCULAR ISSUED BY R-1 AS PER ANNX-F; QUASH NOTICE DT.3.11.2012 ISSUED BY R-2 AS PER ANX-G & FURTHER DIRECT RESPONDENTS TO ISSUE SANCTION PLAN & LICENSE IN RESPECT OF THE PROPERTY NO.191/98/2, KOGILU, YELAHANKA, BANGALORE WITHOUT INSISTING FOR PAYMENT OF THE AMOUNT DEMANDED UNDER ANNX-G.
W.P.Nos.3824-26/2013 BETWEEN:
1. SRI R NANJAPPA S/O LATE M RUDRAPPA, AGED ABOUT 59 YEARS,
2. SRI R NAGARAJ S/O LATE M RUDRAPPA, AGED ABOUT 57 YEARS,
3. SRI R SADASHIVAIAH S/O LATE M RUDRAPPA, AGED ABOUT 55 YEARS
ALL ARE R/OF IMMADIHALLY VILLAGE, K.R.PURA HOBLI, BANGALORE EAST TALUK, BANGALORE. ... PETITIONERS
(BY SRI T. NAGARAJA, ADV.) AND :
1. THE URBAN DEVELOPMENT DEPARTMENT BY ITS SECRETARY, VIDHANA SOUDHA, BANGALORE-01.
2. THE COMMISSISONER
BRUHAT BANGALORE MAHANAGARA PALIKE, N.R.CIRCLE, BANGALORE-560002.
61
3. THE ASSISTANT/DEPUTY DIRECTOR TOWN PLANING, BBMP, MAHADEVPURA DIVISION, MAHADEVPURA, BANGALORE-58. ... RESPONDENTS
(BY SRI N B VISHWANATH, AGA. FOR R1 SRI B V MURALIDHAR, ADV. FOR R2 & 3)
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE CIRCULAR DATED 28.9.2012 PASSED BY THE 2ND RESPONDENT VIDE ANNEXURE-D AND THE IMPUGNED ENDORSEMENT DATED 16.1.2013 ISSUED BY THIRD RESPONDENT THE ASSISTANT / DEPUTY DIRECTOR, TOWN PLANNING, BBMP, MAHADEVPURA DIVISION, BEST, BANGALORE-48 i.e. IMPROVEMENT CHARGES ARE CONCERNED VIDE ANNEXURE-E AND ETC.
W.P.No.3827/2013
BETWEEN: SMT R RAJAMMA W/O LATE N NAGARAJU AGED ABOUT 65 YEARS R/A NO.07, 2ND CORSS CRP ENCLAVE BOZARA LAYOUT HORAMAVU, BANGALORE-43 ... PETITIONER
(BY SRI : T NAGARAJA, ADV.,) AND:
1. THE URBAN DEVELOPMENT DEPARTMENT BY ITS SECRETARY, VIDHANA SOUDHA BANGALORE-560001
2. THE COMMISSIONER
BRUHAT BAGNALORE MAHANAGARA PALIKE N R CIRCLE, BANGALORE-560002
3. THE JOINT/DEPUTY COMMISSIONER
BBMP, MAHADEVPURA DIVISION MAHADEVPURA BANGALORE-560048 ... RESPONDENTS
(BY SRI N B VISHWANATH, AGA. FOR R1 SRI M R SHILENDRA, ADV. FOR R2 & 3)
62
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE CIRCULAR DATED 28.9.12 PASSED BY R2 VIDE ANNX-E AND IMPUGNED OFFICE MEMORANDUM DATED 17.1.13 ISSUED BY R3 THE JOINT/DEPUTY COMMISSIONER, BBMP, MAHADEVPURA DVN., BEST, BANGALORE IE., IMPROVEMENT CHARGES ARE CONCERNED VIDE ANNX-A AND ETC.
W.P.Nos.3832/2013 & 3860-63/2013
BETWEEN: SRI. G. PRASAD REDDY S/O G SRINIVASA REDDY AGED ABOUT 55 YEARS M/S ROYAL LEGEND HAVING ITS OFFICE AT #60/3 60/4, 60/8 & 60/9 BOMMANAHALLI VILLAGE BEGUR HOBLI, BANGALORE ... PETITIONER
(BY SRI K SUMAN, ADV.) AND :
1. STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY THE URBAN DEVELOPMENT DEPARTMENT VIDHANA SOUDHA BANGALORE-560001
2. THE COMMISSIONER
BRUHAT BANGALORE MAHANAGARA PALIKE N R SQUARE BANGALORE-560002
3. THE JOINT DIRECTOR TOWN PLANNING
BANGALORE EAST BRUHAT BANGALORE MAHANAGARA PALIKE BANGALORE-560002 ... RESPONDENTS
(BY SRI N B VISHWANATH, AGA. FOR R1 SRI D N NANJUNDA REDDY, SR. COUNSEL FOR SRI K N PUTTEGOWDA, ADV. FOR R2 & 3)
63
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE CIRCULAR DATED 28.9.12 VIDE ANNX-A & QUASH THE DEMAND NOTICE DATED 20.11.12 ISSUED BY R3 VIDE ANNX-B IN SO FAR AS IT RELATES TO DEMAND OF BETTERMENT CHARGES FROM THE PETITIONER @ RS. 550/- PER SQ.METR.
W.P.No.3852/2013
BETWEEN:
1. L. MUNISWAMY AGED ABOUT 66 YEARS R/A NO.368, RAJIV GANDHI ROAD KRISHNARAJAPURAM EXTENSION BANGALORE 560036
2. T. M. SAVITHRAMMA AGED ABOUT 54 YEARS R/A NO.368, RAJIV GANDHI ROAD, KRISHNARAJAPURAM EXTENSION, BANGALORE 560036
BOTH THE PETITIONERS HEREIN ARE REP. BY POWER OF ATTORNEY HOLDER MR. M. DANANJAY REDDY S/O M.C. PITCHI REDDY AGED ABOUT 46 YEARS PROPRIETARY OF M/S. M.C. BUILDERS HAVING ITS OFFICE AT NO.3131 1ST FLOOR, 6TH MAIN HAL II STAGE, INDIRANAGAR BANGALORE 560038 ... PETITIONERS
(BY SRI K.V. GIRISH, ADV.) AND: 1. THE COMMISSIONER
BRUHAT BENGALURU MAHANAGARA PALIKE
J.C. ROAD, N.R. SQUARE BANGALORE-02
2. JOINT DIRECTOR
(TOWN PLANNING-NORTH)
64
N.R. SQUARE, BBMP BANGALORE 560002 ... RESPONDENTS
(BY SRI B V MURALIDHAR, ADV. FOR R1 & 2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA QUASH THE CIRCULAR DATED 28.9.2012 ISSUED BY THE RESPONDENT NO.1 AT ANNEXURE-A AND ETC.
W.P.Nos.3886-87/2013
BETWEEN: SRI BALAKRISHNA MANKANI S/O LAKSHMANDAS MANKANI AGED ABOUT 51 YEARS NO.31, CUBBON ROAD BANGALORE-01 ... PETITIONER
(BY SRI DAYANANDA K.G, ADV.) AND:
1. THE URBAN DEVELOPMENT DEPARTMENT BY ITS SECRETARY VIDHANA SOUDHA BANGALORE-560001
2. THE COMMISSIONER
BRUHAT BANGALORE MAHANAGARA PALIKE N R CIRCLE, BANGALORE-560002
3. THE JOINT/DEPUTY COMMISSIONER
BBMP, MAHADEVPURA DIVISION MAHADEVPURA BANGALORE-48 ... RESPONDENTS
(BY SRI N B VISHWANATH, AGA. FOR R1 SRI G M CHANDRASHEKAR, ADV. FOR R2 & 3)
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT TO QUASH IMPUGNED NOTICE DT.8.1.2013 VIDE ANNX-A1 & NOTICE DT.4.9.2012 VIDE ANNX-A2 ISSUED BY R-3 AS ILLEGAL AND ETC.
65
W.P.No.3888/2013
BETWEEN: M/S INDIA BREWERY & DISTILLERY PVT. LTD., NO.872/F, MICHEL PALYA ROAD, NEW TIPPASANDRA POST, BANGALORE-75 REP. BY ITS MANAGING DIRECTOR BALAKRISHNA MANKANI S/O LAKSHMANDAS MANKANI AGED ABOUT 51 YEARS, R/AT NO.31, CUBBON ROAD, BANGALORE-01 ... PETITIONER
(BY SRI DAYANANDA K.G, ADV.) AND:
1. THE URBAN DEVELOPMENT DEPARTMENT BY ITS SECRETARY, VIDHANA SOUDHA, BANGALORE-560001
2. THE COMMISSIONER
BRUHAT BANGALORE MAHANAGARA PALIKE, N.R.CIRCLE, BANGALORE-560002.
3. THE JOINT/DEPUTY COMMISSIONER
BBMP MAHADEVPURA DIVISION, MAHADEVPURA, BANGALORE-48 ... RESPONDENTS
(BY SRI N B VISHWANATH, AGA. FOR R1 SRI G M CHANDRASHEKAR, ADV. FOR R2 & 3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED NOTICE DT.27.11.2012 VIDE ANX-A ISSUED BY R-3 AND ETC.
W.P.No.4598/2013 BETWEEN: M/S SATYA HERITAGE HOMES A REGISTERED PARTNERSHIP FIRM, AT NO. G-12, NAVEEN APARTMENTS,
66
13TH MAIN, VASANTHNAGAR, BANGALORE-560 009, REP.BY ITS PARTNER, MR.SAHIN KAMATH, S/O SRI.GANAPATHI N.KAMATH. ... PETITIONER
(BY SRI S MAHESH, ADV. FOR M/S. MAHESH & CO.,) AND:
1. THE COMMISSIONER, BBMP, J.C.ROAD, N.R.SQUARE, BANGALORE NORTH, BANGALORE-02.
2. THE ASSISTANT REVENUE OFFICER
BRUHATH BENGALURU MAHANAGARA PALIKE, YELAHANKA SUB-DIVISION, BANGALORE NORTH, BANGALORE-02. ... RESPONDENTS
(BY SRI G M CHANDRASHEKAR, ADV. FOR R1 & 2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED CIRCULAR UNDER ANNX-F DATED 28.9.12 PASSED BY R1 IMPOSING IMPROVEMENT CHARGES OF RS.550/- PER SQUARE METER AND ITS CONSEQUENTIAL IMPUGNED ENDORSEMENT UNDER ANNX-A DATED 4.12.12 PASSED BY R2 AND ETC.
W.P.Nos.4603-604/2013 BETWEEN:
1. SRI SHANKARAPPA S/O LATE APPAYANNA AGED ABOUT 67 YEARS R/A NO.182, OUTER CIRCLE WHITEFIELD, BANGALORE-66
2. SRI M SHIVAPPA
S/O LATE MARAPPA AGED ABOUT 77 YEARS R/A CHANNASANDRA VILLAGE BIDARAHALLI HOBLI BANGALORE SOUTH TALUK BANGALORE-560067 ... PETITIONERS
67
(BY SRI S V MANJUNATHA, ADV. FOR M/S. NISARGA LAW ASSOCIATES) AND:
1. THE CHIEF SECRETARY STATE OF KARNATAKA VIDHANA SOUDHA, AMBEDKAR VEEDI BANGALORE-560001
2. THE COMMISSIONER
BRUHATH BANGALORE MAHANAGARA PALIKE J C ROAD, N R SQUARE BANGALORE SOUTH, BANGALORE-560002
3. THE ASSISTANT COMMISSIONER TOWN PLANNING, MAHADEVAPURA(DIVSN) BURHATH BANGALORE MAHANAGARA PALIKE BANGALORE-560048 ... RESPONDENTS
(BY SRI N B VISHWANATH, AGA. FOR R1 SRI B V MURALIDHAR, ADV. FOR R2 & 3)
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRYAING TO QUASH THE IMPUGNED CIRCULAR VIDE ANNX-E DT.28.9.2012 PASSED BY R-2 IMPOSING IMPROVEMENT CHARGES OF RS.550/- PER SQUARE METER & ITS CONSEQUENTIAL IMPUGNED NOTICE VIDE ANNX-A DT.5.1.2013 PASSED BY R-3 AND ETC.
W.P.No.4606/2013
BETWEEN: SRI POORNACHANDRA RAO KOLAPALLI S/O SITARAMAIAH AGED ABOUT 65 YEARS RESIDING AT FLAT NO.61,62 AYODHYA NAGAR COLONY, A S RAO NAGAR, ADJACENT TO SHARADA TALKIS SECUNDERABAD-500062 ... PETITIONER
68
(BY SRI S V MANJUNATHA, ADV. FOR M/S. NISARGA LAW ASSOCIATES) AND:
1. THE CHIEF SECRETARY STATE OF KARNATAKA VIDHANA SOUDHA AMBEDKAR VEEDHI BANGALORE-560001
2. THE COMMISSIONER
BRUHATH BANGALORE MAHANAGARA PALIKE J C ROAD, N R SQUARE BANGALORE SOUTH BANGALORE-560002
3. THE ASSISTANT DIRECTOR
TOWN PLANNING, MAHADEVAPURA (DIVSN) BRUHATH BANGALORE MAHANAGARA PALIKE BANGALORE-560048 ... RESPONDENTS
(BY SRI N B VISHWANATH, AGA. FOR R1 SRI B V MURALIDHAR, ADV. FOR R2 & 3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED CIRCULAR VIDE ANNX-E DATED 28.9.12 PASSED BY R2 IMPOSING IMPROVEMENT CHARGES OF RS. 550/- P.S.M AND ITS CONSEQUENTIONAL IMPUGNED NOTICE UNDER ANNX-A DATED 5.11.12 PASSED BY R3 AND ETC.
W.P.NO.4607/2013
BETWEEN: SRI GOVARDHANACHARY S/O LAXMANA CARY AGED ABOUT 44 YEARS R/AT NO.737, VIMALA COMPLEX KAGGADASAPURA MAIN ROAD C V RAMAN NAGAR POST BANGALORE-560093 ... PETITIONER
(BY SRI S V MANJUNATHA, ADV. FOR M/S. NISARGA LAW ASSOCIATES)
69
AND:
1. THE CHIEF SECRETARY STATE OF KARNATAKA VIDHANA SOUDHA AMBEDKAR VEEDHI BANGALORE-560001
2. THE COMMISSIONER
BRUHATH BANGALORE MAHANAGARA PALIKE J C ROAD, N R SQUARE BANGALORE SOUTH BANGALORE-560002
3. THE ASSISTANT DIRECTOR
TOWN PLANNING, MAHADEVAPURA (DIVSN) BRUHATH BANGALORE MAHANAGARA PALIKE BANGALORE-560048 ... RESPONDENTS
(BY SRI N B VISHWANATH, AGA. FOR R1 SRI B V MURALIDHAR, ADV. FOR R2 & 3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED CIRCULAR VIDE ANNX-E DT.28.9.2012 PASSED BY R-2 IMPOSING IMPROVEMENT CHARGES OF RS.550/- PER SQUARE METER & ITS CONSEQUENTIAL IMPUGNED NOTICE VIDE ANNX-A DT.7.11.11 PASSED BY R-3 AND ETC.
W.P.No.4720/2013
BETWEEN: M/S RAJA HOUSING LTD., F-2, RAJALAKSHMI NO.12, BASAPPA ROAD SHANTHINAGAR BANGALORE 560 027 REP. BY MANAGING DIRECTOR AND CHAIRMAN MR. RAJA SUCHINDRA AGED ABOUT 46 YEARS ... PETITIONER
(BY SRI UDAY HOLLA, SR. COUNSEL FOR SRI K SHASHIKIRAN SHETTY)
70
AND:
1. THE URBAN DEVELOPMENT DEPARTMENT GOVERNMENT OF KARNATAKA VIDHANASOUDHA BANGALORE 560 001 BY ITS SECRETARY
2. THE COMMISSIONER
BRUHAT BENGALURU MAHANAGARA PALIKE N R SQUARE, BANGALORE-02
3. THE JOINT DIRECTOR TOWN PLANNING
BEGUR BRANCH, BRUHAT BENGALURU MAHANAGARA PALIKE BANGALORE 560083
4. ASSISTANT REVENUE OFFICER
BEGUR BRANCH, BRUHAT BENGALURU MAHANAGARA PALIKE BANGALORE 560083
5. ASSISTANT DIRECTOR
TOWN PLANNING BRUHAT BENGALURU MAHANAGARA PALIKE BOMMANAHALLY ZONE BANGALORE 560083 ... RESPONDENTS
(BY SRI N B VISHWANATH, AGA. FOR R1 SRI B V MURALIDHAR, ADV. FOR R2- 5)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE CIRCULAR DATED 28.9.2012 VIDE ANNEXURE-A & QUASH THE DEMAND NOTICE DATED 17.1.2013, DATED 17.1.2013 ISSUED BY THE 4TH RESPONDENT DIRECTING THE PETITIOENRS TO PAY RS.550/- PER SQ. MTR. TOWARDS BETTERMENT TAX VIDE ANNEXURE-B.
W.P.No.4748/2013
BETWEEN: SGR BUILDTECH PVT. LTD., (FORMERLY KNOWN AS M/S. SGR DEVELOPERS PVT. LTD.,) COMPANY REGISTERED UNDER
71
THE INDIAN COMPANIES ACT, HAVING ITS REGISTERED OFFICE AT G.R.PLAZA, FIRST FLOOR, NO.142, D.V.G. ROAD, BASAVANAGUDI, BANGALORE-560 004. REP. BY ITS DIRECTOR, SRI C.R.GOPALAKRISHNA ... PETITIONER
(BY SRI T P VIVEKANANDA, ADV.) AND:
1. BRUHAT BANGALORE MAHANAGARA PALIKE N.R.SQUARE, BANGALORE-560 002, REP. BY ITS COMMISSIONER.
2. THE ASSISTANT DIRECTOR
TOWN PLANNING (SOUTH), OFICE OF THE JOINT DIRECTOR OF TOWN PLANNING, BRUHAT BANGALORE MAHANAGARA PALIKE, N.R.SQUARE, BANGALORE-560 002.
3. STATE OF KARNATAKA
DEPARTMENT OF URBAN DEVELOPMENT, VIKAS SOUDHA, BANGALORE-560 001, REP. BY ITS SECRETARY. ... RESPONDENTS
(BY SRI N B VISHWANATH, AGA. FOR R3 SRI D N NANJUNDA REDDY, SR. COUNSEL FOR SRI K N PUTTEGOWDA, ADV. FOR R1 & 2)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE CIRCULAR DATED 28.9.12 ISSUED BY R1 AT ANNX-K; QUASH THE ENDORSEMENT DATED 4.1.13 AT ANNX-F ISSUED BY R2 AND ETC.
W.P.No.4761/2013
BETWEEN: SRI C N KRISHNAMURTHY S/O NARAYANA GOWDA AGED ABOUT 53 YERS
72
R/A CHANNASANDRA VILLAGE BIDARAHALLY HOBLI BANGALORE EAST TALUK BANGALORE REP. BY HIS GPA HOLDER SRI B BALAKRISHNAREDDY AGED ABOUT 42 YEARS PARTNER OF ISHA INFRA PROJECTS SY NO.99/5, 98/1, 99/4 PANTHURU VILLAGE VARTHURU HOBLI BANGALORE EAST TALUK BANGALORE. ... PETITIONER
(BY SRI T NAGARAJA, ADV.) AND:
1. THE URBAN DEVELOPMENT DEPARTMENT BY ITS SECRETARY VIDHANA SOUDHA BANGALORE-01
2. THE COMMISSIONER
BURHAT BANGALORE MAHANGARA PALIKE N R CIRCLE, BANGALORE-560002
3. THE ASSISTANT/DEPUTY DIRECTOR
TOWN PLANNING, BBMP MAHADEVPURA DIVISION MAHADEVPURA BANGALORE-48 ... RESPONDENTS
(BY SRI N B VISHWANATH, AGA. FOR R1 SRI D N NANJUNDA REDDY, SR. COUNSEL FOR SRI K N PUTTEGOWDA, ADV. FOR R2 & 3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE CIRCULAR DT.28.9.12, PASSED BY THE R2 PRODUCED AT ANN-D & THE IMPUGNED ENDORSEMENT DT.5.11.12 ISSUED BY THE R3, THE ASST./ DEPUTY DIRECTOR TOWN PLANNING BBMP, MAHADEVAPURA DIVISION BEST BANGALORE-48 i.e., IMPROVEMENT CHARGES ARE CONCERNED, PRODUCED AT ANN-E AND ETC.
73
W.P.No.4763/2013
BETWEEN: SRI KRISHNAPRASAD MIKKILINENI S/O SATHYANARAYANA MURTHY, AGED ABOUT 56 YEARS, R/AT NO.63, 5TH CROSS, CENTRAL EXCISE LAYOUT, BHOOPASANDRA, BANGALORE-560094. ... PETITIONER
(BY SRI T NAGARAJA, ADV.) AND :
1. THE URBAN DEVELOPMENT DEPARTMENT BY ITS SECRETARY, VIDHANA SOUDHA, BANGALORE-560001.
2. THE COMMISSISONER
BRUHAT BANGALORE MAHANAGARA PALIKE, N.R.CIRCLE, BANGALORE-560002.
3. THE JOINT/DEPUTY COMMISSIONER
BBMP, MAHADEVPURA DIVISION, MAHADEVPURA, BANGALORE-560048. ... RESPONDENTS
(BY SRI N B VISHWANATH, AGA. FOR R1 SRI D N NANJUNDA REDDY, SR. COUNSEL FOR SRI K N PUTTEGOWDA, ADV. FOR R2 & 3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE CIRCULAR DATED 28.9.2012 PASSED BY THE R2 VIDE ANEXURE-E AND THE IMPUGNED OFFICE MEMORANDUM DATED 18.1.2013 ISSUED BY THIRD RESPONDENT THE JOINT/DEPUTY COMMISSIONER, BBMP, MAHADEVPURA DIVISION BEST, BANGALORE-48 i.e. IMPROVEMENT CHARGES ARE CONCERNED VIDE ANN-A AND ETC.
W.P.Nos.5393/2013 & 7091-94/2013
1. MR. N NAVEEN S/O MR. N NAGARAJA REDDY AGED ABOUT 32 YEARS
74
2. MR N PRAMODE S/O MR N NAGARAJA REDDY AGED ABOUT 30 YEARS BOTH R/AT NO 290 4TH MAIN, I BLOCK KORAMANGALA BANGALORE 560 034
3. M/S. N D DEVELOPERS PRIVATE LIMITED
HAVING IT SOFFICE AT NO 398, 2ND FLOOR, 7TH CROSS, MICO LAYOUT, BTM 2ND STAGE, BANGALORE- 560076 REP. BY ITS MANAGING DIRECTOR MR. M K DURANI ... PETITIONERS
(BY M/S. KAMAL & BHANU, ADVS.) AND:
1. THE GOVERNMENT OF KARNATAKA BY ITS CHIEF SECRETARY URBAN DEVELOPMENT DEPARTMENT MULTI STORIED BUILDING BANGALORE- 560 001
2. THE COMMISSIONER
BRUHAT BANGALORE MAHANAGARA PALIKE N R CIRCLE BANGALORE 560 002
3. THE JOINT DIRECTOR
TOWN PLANNING (SOUTH) BRUHAT BANGALORE MAHANAGARA PALIKE N R CIRCLE BANGALORE 560 002
4. ASSISTANT REVENUE OFFICER
BEGUR SUB DIVISION BRUHAT BANGALORE MAHANAGARA PALIKE BANGALORE ... RESPONDENTS
(BY SRI N B VISHWANATH, AGA. FOR R1 SRI B V MURALIDHAR, ADV. FOR R2- 4)
75
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR THE RECORDS FROM THE RESPONDENTS & AFTER GOING THROUGH THE LEGALITY, PROPRIETARY OR OTHERWISE OF THE SAME & QUASH THE CIRCULAR ISSUED BY THE R1, AS PER ANN-H DT.28.9.12 AND ETC.
W.P.Nos.5854-55/2013
BETWEEN:
1. B.N. SUSHELAMMA W/O LATE RANGAPPA AGED ABOUT 57 YEARS R/O NO.1006, B.B. ROAD C/O D.P. NANAPPA BLOCK YELAHANKA, BANGALORE-91 REP. BY ITS GPA HOLDER M/S. FORTUNA BUILDCON INDIA PRIVATE LIMITED REP. BY ITS CHAIRMAN, MANAGING DIRECTOR, MR. S.V. NARESH KUMAR S/O LATE SRIRAMALU AGED ABOUT 43 YEARS DIRECTOR- MR. SAILESH KUMAR S/O LATE SRIRAMALU AGED ABOUT 38 YEARS
2. M/S. FORTUNA BUILDCON INDIA
PRIVATE LIMITED NO.212, 4TH FLOOR, BELLARY ROAD SADASHIVA NAGAR ABOVE HERO HONDA SHOW ROOM BANGALORE 560080 REP. BY ITS CHAIRMAN AND MANAGING DIRECTOR MR. S.V. NARESH KUMAR S/O LATE SRIRAMALU AGED ABOUT 43 YEARS ... PETITIONERS
(BY SRI UDAYA HOLLA, SR. COUNSEL FOR SRI K SHASHIKIRAN SHETTY) AND:
1. THE URBAN DEVELOPMENT DEPARTMENT GOVERNMENT OF KARNATAKA VIDHANASOUDHA,
76
BANGALORE 560001 BY ITS SECRETARY
2. THE COMMISSIONER
BRUHAT BENGALURU MAHANAGARA PALIKE N.R. SQUARE, BANGALORE-02
3. THE JOINT DIRECTOR TOWN PLANNING
BEGUR BRANCH BRUHAT BENGALURU MAHANAGARA PALIKE BANGALORE 560034
4. ASSISTANT REVENUE OFFICER
BEGUR BRANCH BRUHAT BENGALURU MAHANAGARA PALIKE BANGALORE 560034
5. ASSISTANT DIRECTOR
TOWN PLANNING BRUHAT BENGALURU MAHANAGARA PALIKE BOMMANAHALLY ZONE BANGALORE 560034 ... RESPONDENTS
(BY SRI N B VISHWANATH, AGA. FOR R1 SRI B V MURALIDHAR, ADV. FOR R2-5)
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA QUASH THE CIRCULAR DT.28.9.12, VIDE ANN-A AND QUASH THE ENDORSEMENT DT.17.1.13, ISSUED BY THE R4, DIRECTING THE PETITIONERS TO PAY RS.550/- PER SQ. MTR. TOWARDS BETTERMENT TAX VIDE ANN-B AND ETC.
W.P.No.5866/2013
BETWEEN: SRI G M RAMA REDDY S/O V MUNISHAMI REDDY AGED ABOUT 66 YEARS R/O GUNJUR VILLAGE, VARTHUR HOBLI, BANGALORE EAST TALUK, BANGALORE 560087,
77
REP. BY HIS GPA HOLDER M/S. VAHE PROJECTS PRIVATE LIMITED, A COMPANY REGISTERED UNDER THE INDIAN COMPANIES ACT, REGISTERED OFFICE AT SY NO 29/1, 3RD CROSS, NARAYANAPPA LAYOUT, BEHIND VARTHUR HIGH SCHOOL VARTHUR, BANGALORE 560087 BY ITS DIRECTOR SRI S SUDHAKAR ... PETITIONER
(BY SRI T P VIVEKANANDA, ADV.) AND:
1. BRUHAT BANGALORE MAHANAGARA PALIKE N R SQUARE, BANGALORE 560 002 REP. BY ITS COMMISSIONER
2. THE DEPUTY COMMISSIONER
MAHADEVAPURA ZONE, BRUHAT BANGALORE MAHANAGARAPALIKE, MAHADEVAPURA BANGALORE 560048
3. STATE OF KARNATAKA
DEPARTMENT OF URBAN DEVELOPMENT VIKAS SOUDHA, BANGALORE-01 REP. BY ITS SECRTARY ... RESPONDENTS
(BY SRI N B VISHWANATH, AGA. FOR R3 SRI B V MURALIDHAR, ADV. FOR R1 & 2)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE CIRCULAR DATED 28.9.2012 ISSUED BY THE FIRST RESPONDENT VIDE ANNEXURE-H AND ETC.
W.P.No.5867/2013 BETWEEN: SMT. N JYOTHI AGED ABOUT 51 YEARS, W/O SRI.R.NARAYANASWAMY, R/AT NO.34, 2ND CROSS,
78
515, ABW COLONY, HAL 3RD STAGE, BANGALORE-560 075. ... PETITIONER
(BY SRI T P VIVEKANANDA, ADV.) AND:
1. BRUHAT BANGALORE MAHANAGARA PALIKE N.R.SQUARE, BANGALORE-560 002, REP.BY ITS COMMISSIONER.
2. THE DEPUTY COMMISSIONER
MAHADEVAPURA ZONE, BRUHAT BANGALORE MAHANAGARA PALIKE, MAHADEVAPURA, BANGALORE-560 048.
3. STATE OF KARNATAKA
DEPARTMENT OF URBAN DEVELOPMENT, VIKAS SOUDHA, BANGALORE-560 001, REP.BY ITS SECRETARY. ... RESPONDENTS
(BY SRI N B VISHWANATH, AGA. FOR R3 SRI B V MURALIDHAR, ADV. FOR R1 & 2)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE CIRCULAR DT.28.9.12, ISSUED BY THE R1 AT ANN-H AND ETC.
W.P.No.5936/2013 BETWEEN: SRI MUNIYAPPA S/O MUNIANJANAPPA AGED ABOUT 67 YEARS R/AT VARTHURU VILLAGE VARTHURU HOBLI BANGALORE EAST TALUK BANGALORE REP. BY HIS GPA HOLDER SRI CHENNAM RANGASWAMY S/O C RANGAIAH AGED ABOUT 35 YEARS
79
MANAGING DIRECTOR OF M/S BRL VENTURIES PVT LTD NO. 602/A, GROUND FLOOR BEML LAYOUT, 6TH STAGE BROOK FIELD BANGALORE-560037 ... PETITIONER
(BY SRI T NAGARAJA, ADV.) AND:
1. THE URBAN DEVELOPMENT DEPARTMENT BY ITS SECRETARY, VIDHANA SOUDHA BANGALORE-01
2. THE COMMISSIONER
BRUHAT BANGALORE MAHANAGARA PALIKE N R CIRCLE, BANGALORE-560002
3. THE ASSISTANT/DEPUTY DIRECTOR
TOWN PLANNING, BBMP MAHADEVPURA DIVISION MAHADEVPURA, BANGALORE-48 ... RESPONDENTS
(BY SRI N B VISHWANATH, AGA. FOR R1 SRI D N NANJUNDA REDDY, SR. COUNSEL FOR SRI K N PUTTEGOWDA, ADV. FOR R2 & 3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE CIRCULAR DATED 28.9.2012 PASSED BY THE 2ND RESPONDENT IDE ANNEXURE-D AND THE IMPUGNED ENDORSEMENT DATED 29.1.2013 ISSUED BY THIRD RESPONDENT, THE ASSISTANT / DEPUTY DIRECTOR, TOWN PLANNING BBMP, MAHADEVPURA DIVISION, BANGALORE-48 i.e. IMPROVEMENT CHARGES ARE CONCERNED VIDE ANNEXURE-E AND ETC. W.P.NO.5937/2013
BETWEEN : M/S BM DEVELOPERS HAVING ITS OFFICE AT NO.405 VANDHANA NEST, FLAT NO.405 NO.14, 7TH CROSS JAKKASANDRA EXTENTION BANGALORE-560034
80
REP. BY ITS MANAGING PARTNER SRI P. GAJENDRA S/O P. MUNISHAMI NAIDU AGED ABOUT 39 YEARS ... PETITIONER (BY SRI T NAGARAJA, ADV.) AND :
1. THE URBAN DEVELOPMENT DEPARTMENT BY ITS SECRETARY, VIDHANA SOUDHA BANGALORE-01
2. THE COMMISSIONER
BRUHAT BANGALORE MAHANAGARA PALIKE N R CIRCLE, BANGALORE-560002
3. THE JOINT/DEPUTY COMMISSIONER
BBMP, MAHADEVPURA DIVISION MAHADEVPURA BANGALORE-48 ... RESPONDENTS
(BY SRI N B VISHWANATH, AGA. FOR R1 SRI D N NANJUNDA REDDY, SR. COUNSEL FOR SRI K N PUTTEGOWDA, ADV. FOR R2 & 3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, WITH A PRAYER TO QUASH THE CIRCULAR DATED 28.9.2012 PASSED BY THE 2ND RESPONDENT VIDE ANNEXURE-E AND THE IMPUGNED OFFICE MEMORANDUM DATED 29.1.2013 ISSUED BY THIRD RESPONDENT THE JOINT / DEPUTY COMMISSIONER, BBMP, MAHADEVPURA DIVISION BEST, BANGALORE-48 I.E. IMPROVEMENT CHARGES ARE CONCERNED VIDE ANNEXURE-A AND ETC. W.P.NO.5938/2013
BETWEEN : SRI C RAJU S/O LATE CHOURAPPA AGED ABOUT 59 YEARS R/AT MARIYAPPANA PLAY DASARAHALLY, K R PURAM HOBLI BANGALORE EAST TALUK BANGALORE ... PETITIONER
(BY SRI T NAGARAJA, ADV.)
81
AND :
1. THE URBAN DEVELOPMENT DEPARTMENT BY ITS SECRETARY, VIDHANA SOUDHA BANGALORE-01
2. THE COMMISSIONER
BRUHAT BANGALORE MAHANAGARA PALIKE N R CIRCLE, BANGALORE-560002
3. THE ASSISTANT REVENUE OFFICER
BBMP, BYATARAYANAPURA DIVISION BYATARAYANAPURA BANGALORE-560093 ... RESPONDENTS
(BY SRI N B VISHWANATH, AGA. FOR R1 SRI G M CHANDRASHEKAR, ADV. FOR R2 & 3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, WITH A PRAYER TO QUASH THE CIRCULAR DT.28.9.2012 PASSED BY R-2 VIDE ANNX-E & THE IMPUGNED O.M. DT.15.1.2013 ISUED BY R-3 THE ASST. REVENUE OFFICER, BBMP, BYATARAYANAPUR DIVISION, BYATARAYANAPURA, BEST BANGALORE-93 I.E. IMPROVEMENT CHARGES ARE CONCERNED VIDE ANNX-A AND ETC. W.P.NO.5939/2013
BETWEEN : SRI C AROKYA SWAY S/O LATE CHOURAPPA AGED ABOUT 55 YEARS R/AT MARIYAPPANA PLAY DASARAHALLY, K R PURAM HOBLI BANGALORE EAST TALUK BANGALORE ... PETITIONER
(BY SRI T NAGARAJA, ADV.) AND:
1. THE URBAN DEVELOPMENT DEPARTMENT BY ITS SECRETARY, VIDHANA SOUDHA BANGALORE-01
82
2. THE COMMISSIONER BRUHAT BANGALORE MAHANAGARA PALIKE N R CIRCLE, BANGALORE-560002
3. THE ASSISTANT REVENUE OFFICER
BBMP, BYATARAYANAPURA DIVISION BYATARAYANAPURA BANGALORE-560093 ... RESPONDENTS
(BY SMT. MANJULA R KAMADOLLI, HCGP FOR R1 SRI G M CHANDRASHEKAR, ADV. FOR R2 & 3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, WITH A PRAYER TO QUASH THE CIRCULAR DT.28.9.12, PASSED BY THE R2 PRODUCED AT ANN-E, & THE IMPUGNED OFFICE MEMORANDUM DT.15.1.3 ISSUED BY THE R3, THE ASST REVENUE OFFICER, BBMP, BYTARAYANAPUR DIVISION, BYATARAYANAPURA, BEST BANGALORE-93 I.E., IMPROVEMENT CHARGES ARE CONCERNED, PRODUCED AT ANN-A AND ETC.
W.P.Nos. 5975-78/2013
BETWEEN :
1. SRI R.NARAYANA SWAMY AGED ABOUT 69 YEARS S/O LATE RAMAIAH
2. SRI R BASAVARAJU AGED ABOUT 65 YEARS S/O LATE RAMAIAH
3. SRI R ADINARAYANA S/O LATE RAMAIAH AGED ABOUT 60 YEARS
4. SRI R NAGARAJ S/O LATE RAMAIAH AGED ABOUT 58 YEARS ALL R/AT NO.117, BASAVESHWARA NILAYA MUNESHWARA TEMPLE ROAD JAKKUR VILLAGE, YELAHANKA HOBLI BANGALORE 560 064 (REP. BY PARTNER MR NIRAJ MITTAL GPA HOLDER M/S TRISHUL DEVELOPERS)
... PETITIONERS (BY SRI M ARUN PONAPPA, ADV.)
83
AND:
1. THE URBAN DEVELOPMENT DEPARTMENT GOVERNMENT OF KARNATAKA BY ITS SECRETARY VIDHANA SOUDHA BANGALORE 560 001
2. THE COMMISSIONER
BRUHAT BENGALURU MAHANAGARA PALIKE N R SQUARE BANGALORE 560 002
3. THE JOINT DIRECTOR TOWN PLANNING
BANGALORE NORTH BRUHAT BENGALURU MAHANAGARA PALIKE BANGALORE 560 002 ... RESPONDENTS
(BY SMT. MANJULA R KAMADOLLI, HCGP FOR R1 SRI B V MURALIDHAR, ADV. FOR R2 & 3) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, WITH A PRAYER TO QUASH THE CIRCULAR DATED 28.9.12 VIDE ANNX-H & QUASH THE CIRCULAR DATED 18.01.12 ISSUED BY THE R3 VIDE ANNX-J.
W.P.NO. 5991/2013
BETWEEN : SRI G V MALLESH AGED ABOUT 45 YEARS S/O LATE VENKATAGIRIYAPPA R/O GUNJUR VILLAGE AND POST VARTHUR HOBLI BANGALORE EAST TALUK BANGALORE 560087 ... PETITIONER
(BY SRI T P VIVEKANANDA, ADV.) AND :
1. BRUHAT BANGALORE MAHANAGARA PALIKE N R SQUARE, BANGALORE 560 002 REP. BY ITS COMMISSIONER
84
2. THE DEPUTY COMMISSIONER
MAHADEVAPURA ZONE BRUHAT BANGALORE MAHANAGARA PALIKE, MAHADEVAPURA BANGALORE 560048
3. STATE OF KARNATAKA
DEPARTMENT OF URBAN DEVELOPMENT, VIKAS SOUDHA BANGALORE 560 001 REP. BY ITS SECRETARY ... RESPONDENTS
(BY SMT. MANJULA R KAMADOLLI, HCGP FOR R3 SRI B V MURALIDHAR, ADV. FOR R1 & 2) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, WITH A PRAYER TO QUASH THE CIRCULAR DT.28.9.12 ISSUED BY THE R1, AT ANN-H AND ETC. W.P.Nos.6248-51/2013 & 6471-73/2013
BETWEEN :
1. SRI G LAKSHMAN REDDY AGED 64 YEARS S/O LATE GURAPPA REDDY R/O GUNJUR VILLAGE & POST VARTHUR HOBLI BANGALORE EAST TALUK BANGALORE-560087
2. SRI G L HARISH KUMAR
AGED 36 YEARS S/O LAKSHMAN REDDY R/O GUNJUR VILLAGE & POST VARTHUR HOBLI BANGALORE EAST TALUK BANGALORE-560087
3. SRI G L GIRISH KUMAR
AGED 33 YEARS S/O LAKSHMAN REDDY R/O GUNJUR VILLAGE & POST VARTHUR HOBLI BANGALORE EAST TALUK BANGALORE-560087
85
4. SRI G L LOKESH KUMAR AGED 31 YEARS S/O G LAKSHMAN REDDY R/O GUNJUR VILLAGE & POST VARTHUR HOBLI BANGALORE EAST TALUK BANGALORE-560087
5. SMT. RADHAMMA
AGED 51 YEARS D/O LATE GURAPPA REDDY W/O H V CHANDRA REDDY R/AT HAROHALLI VILLAE HOSAKOTE TALUK-560087 BANGALORE DISTRICT
6. SMT. SAVITHRAMMA
AGED 71 YEARS D/O LATE GURAPPA REDDY W/O LATE MUNISWAMY R/AT ELUVAPALLI VILLAGE NELLUR POST, HOSUR TALUK KRISHNAGIRI DISTRICT TAMILNADU STATE-540565
7. SRI G SUBRAMANI
AGED 44 YEARS S/O LATE GURAPPA REDDY R/O GUNJUR VILLAGE & POST VARTHUR HOBLI BANGALORE EAST TALUK BANGALORE-560087 PETITIONER NO.7 IS REP. BY HIS GPA HOLDER SRI G N GAJENDRA KUMAR AGED ABOUT 33 YEARS S/O LATE Y NAGARAJ R/AT GUNJUR VILLAGE VARTHUR HOBLI BANGALORE-560087 ... PETITIONERS
(BY SRI T P VIVEKANANDA, ADV.) AND :
1. BRUHAT BANGALORE MAHANAGARA PALIKE N R SQUARE, BANGALORE-560002 REP. BY ITS COMMISSIONER
86
2. THE DEPUTY COMMISSIONER
MAHADEVAPURA ZONE BRUHATJ BANGALORE MAHANAGARA PALIKE MAHADEVAPURA BANGALORE-560048
3. STATE OF KARNATAKA
DEPARTMENT OF URBAN DEVELOPMENT VIKAS SOUDHA, BANGALORE-560001 REP. BY ITS SECRETARY ... RESPONDENTS
(BY SMT. MANJULA R KAMADOLLI, HCGP FOR R3 SRI B V MURALIDHAR, ADV. FOR R1 & 2)
THESE WRIT PETITIONS ARE FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, WITH A PRAYER TO QUASH THE CIRCULAR DATED 28.9.12 ISSUED BY R1 VIDE ANNX-H; QUASH THE OFFICE MEMORANDUM DATED 8.1.13 AT ANNX-D ISSUED BY R2 AND ETC.
W.P.NO.6500/2013
BETWEEN :
1. SRI JAYAPPA REDDY S/O LATE VENKATAPPA REDDY AGED ABOUT 69 YEARS
2. SRINATH S/O JAYAPPA REDDY AGED ABOUT 33 YEARS
3. PRABAKARA S/O JAYAPPA REDDY AGED ABOUT 30 YEARS ALL R/A NO.96, 8TH MAIN, BEGUR MAIN ROAD HONGASANDRA VILLAGE BANGALORE SOUTH TALUK BANGALORE DIST.-68 ... PETITIONERS
(BY SRI H N M PRASAD & SRI R MOHAN KUMAR, ADVS.)
87
AND :
1. THE STATE OF KARNATAKA URBAN DEVELOPMENT VIDHANA SOUDHA BANGALORE 560001 REP. BY ITS SECRETARY
2. THE BRUHATH BANGALORE
MAHANAGAR PALIKE BANGALORE REP. BY ITS COMMISSIONER
3. THE JOINT DIRECTOR TOWN PLANNING
BANGALORE EAST BRUHATH BANGALORE MAHANAGAR PALIKE BANGALORE -01
4. REVENUE OFFICER
BEGUR SUB DIVISION B.B.M.P., BANGALORE-68 ... RESPONDENTS
(BY SMT. MANJULA R KAMADOLLI, HCGP FOR R1 SRI R SUBRAMANYA, ADV. FOR R2 & 3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, WITH A PRAYER TO QUASH THE ENDORSEMENT DT.22.1.13 ISSUED BY THE R4, AT ANN-F & QUASH THE CIRCULAR DT.28.9.12, ISSUED BY THE R2 AT ANN-G AND ETC. W.P.NO.6884/2013
BETWEEN : N. JANARDHANA MENON S/O MADHAVA KARTHA, AGED ABOUT 75 YEARS, OCC:BUSINESS, R/O CHIKKA BELLANDUR VILLAGE, VARTHUR-HOBALI, BANGALORE EAST TALUK. ... PETITIONER
(BY SRI UDAYKUMAR P, ADV.) AND :
1. THE URBAN DEVELOPMENT DEPARTMENT GOVERNMENT OF KARNATAKA,
88
BY ITS SECRETARY, VIDHANASOUDHA, BANGALORE-1.
2. THE COMMISSIONER
BRUHATH BANGALORE MAHANAGARA PALIKE, BANGALORE-560002.
3. THE DEPUTY COMMISSIONER
MAHADEVAPURA VALAYA, BRUHAT BANGALORE MAHANAGARA PALIKE, BANGALORE-560002. ... RESPONDENTS
(BY SMT. MANJULA R KAMADOLLI, HCGP FOR R1 SRI B V MURALIDHAR, ADV. FOR R2 & 3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, WITH A PRAYER TO QUASH THE CIRCULAR DATED 28.8.12 VIDE ANNX-A PASSED BY THE R2 & QUASH THE DEMAND NOTICE DATED 5.2.13 ISSUED BY R3 VIDE ANNX-B.
W.P.Nos.6907-908/2013
BETWEEN:
1. SMT. SHARADA W/O SRI L E RAMA MURTHY AGED ABOUT 47 YEARS
2. SRI R PUNITH S/O L E RAMA MURTHY AGED ABOUT 26 YEARS BOTH ARE R/A NO.984, 7TH CROSS, BSK I STAGE, II BLOCK BANGALORE-560050 ... PETITIONERS
(BY SRI B PRAMOD & SRI G V SUDHAKAR, ADVS.) AND :
1. THE STATE OF KARNATAKA THE URBAN DEVELOPMENT AUTHORITY VIDHANASOUDHA BANGALORE-560001
89
2. BRUHAT BANGALORE
MAHANAGARA PALIKE N R SQUARE BANGALORE-560002 REP. BY ITS COMMISSIONER
3. THE ASSISTANT REVENUE OFFICER
BEGUR SUB DIVISION BRUHAT BANGALORE MAHANAGARA PALIKE BANGALORE-560098 ... RESPONDENTS
(BY SMT. MANJULA R KAMADOLLI, HCGP FOR R1 SRI B V MURALIDHAR, ADV. FOR R2 & 3)
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, WITH A PRAYER TO QUASH THE CIRCULAR DATED 28.9.12 ISSUED BY R2 VIDE ANNX-A IN SO FAR THE PETITIONERS ARE CONCERNED AND ENDORSEMENT DATED31.1.13 VIDE ANNX-B ISSUED BY R3 AND ETC.
W.P.No.6964/2013
BETWEEN : GAFFER BAIG S/O LATE ABDULLA BAIG AGED ABOUT 41 YEARS R/A NO.180 GANDHIPURAM, WHITEFIELD BANGALORE-560066 (REP. BY ITS GPA HOLDER) M/S PRESTIGE ESTATE PROJECTS PRIVATE LIMITED OFFICE AT MAIN GUARD CROSS ROAD BANGALORE-560001 REP. BY ITS EXECTIVE DIRECTOR LEGAL SHRI ARVIND PAI ... PETITIONER
(BY M/S TOMY SEBASTIAN ASSOCIATES, ADVS.) AND :
1. THE URBAN DEVELOPMENT DEPARTMENT GOVERNMENT OF KARNATAKA BY ITS SECRETARY
90
VIDHANA SOUDHA BANGALORE-560001
2. THE COMMISSIONER
BRUHAT BANGALORE MAHANAGARA PALIKE N R SQUARE, BANGALORE-560002
3. THE ASSISTANT DIRECTOR,
TOWN PLANNING BBMP, MAHADEVAPURA ZONE BANGALORE-560048 ... RESPONDENTS
(BY SMT. MANJULA R KAMADOLLI, HCGP FOR R1 SRI B V MURALIDHAR, ADV. FOR R2 & 3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, WITH A PRAYER TO QUASH THE CIRCULAR ISSUED BY BBMP COMMISSIONER DATED 28.9.2012 VIDE ANNEXURE-B & QUASH THE DEMAND NOTICE DATED 5.11.2012 ISSUED BY THE RESPONDENT NO.3 IN THE CIRCULAR VIDE ANNEXURE-C.
W.P.NO.6965/2013 BETWEEN : M/S. PRESTIGE ESTATE PROJECTS PVT. LTD., OFFICE AT MAIN GUARD CROSS ROAD BANGALORE-560001 REP. BY ITS EXECUTIVE DIRECTOR LEGAL SHRI ARVIND PAI ... PETITIONER
(BY MS. MELANIE SEBASTIAN, ADV. FOR M/S TOMY SEBASTIAN ASSOCIATES) AND :
1. THE URBAN DEVELOPMENT DEPARTMENT GOVERNMENT OF KARNATAKA BY ITS SECRETARY VIDHANA SOUDHA, BANGALORE-560001
2. THE COMMISSIONER
BRUHATH BANGALORE MAHANAGARA PALIKE N R SQUARE, BANGALORE-560002
91
3. THE ASSISTANT DIRECTOR TOWN PLANNING BBMP, MAHADEVAPURA ZONE BANGALORE-560048 ... RESPONDENTS
(BY SMT. MANJULA R KAMADOLLI, HCGP FOR R1 SRI B V MURALIDHAR, ADV. FOR R2 & 3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, WITH A PRAYER TO QUASH THE CIRCULAR DATED 28.9.2012 VIDE ANNEXURE-B & QUASH THE DEMAND NOTICE DATED 5.3.2011 ISSUED BY THE RESPONDENT NO.3 VIDE ANNEXURE-C.
W.P.Nos.7032-35/2013 BETWEEN :
1. SRI FRANACIS SAMRAJ AGED ABOUT 37 YEARS, S/O C.P. SELVARAJ, R/AT NO.30, HBR LAYOUT, RING ROAD, KALYANANAGARA POST BANGALORE-43
2. SRI. S. DEVARAJ AGED ABOUT 49 YEARS, S/O LATE SUBBANNA,
3. SRI S. SAMPANGIRAMU AGED ABOUT 49 YEARS, S/O LATE SUBBANNA,
4. SRI RAMEGOWDA AGED ABOUT 44 YEARS, S/O VENKATAPPA, PETITIONERS NO.2 TO 4 ARE R/O NAGARESHWARA NAGENAHALLY, KR PURAM HOBLI, BANGALORE EAST TALUK, BANGALORE ... PETITIONERS
(BY SRI T NAGARAJA, ADV.) AND :
1. THE URBAN DEVELOPMENT DEPARTMENT BY ITS SECRETARY, VIDHANA SOUDHA, BANGALORE-01
92
2. THE COMMISSIONER
BRUHAT BANGALORE MAHANAGARA PALIKE, N.R. CIRCLE, BANGALORE
3. THE JOINT/DEPUTY COMMISSIOENR
BBMP, MAHADEVAPURA DIVISION, MAHADEVPURA, BANGALORE ... RESPONDENTS
(BY SMT. MANJULA R KAMADOLLI, HCGP FOR R1 SRI B V MURALIDHAR, ADV. FOR R2 & 3) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, WITH A PRAYER TO QUASH THE CIRCULAR DATED 28.9.12 PASSED BY THE R2 VIDE ANNX-E AND THE IMPUGNED OFFICE MEMORANDUM DATED 1.2.13 ISSUED BY THE R3 THE JOINT/DEPUTY COMMISSIONER, BBMP MAHADEVPURA DVN. BEST, BANGALORE IE., IMPROVEMENT CHARGES ARE CONCERNED VIDE ANNX-A AND ETC.
W.P.Nos.7059-60/2013
BETWEEN :
1. MR. B. GOVARDHANA CHARY S/O M LAXMANA CHARY AGED ABOUT 44 YEARS
2. MRS B ARUNA W/O B GOVARDHANA CHARY AGED ABOUT 37 YEARS BOTH ARE R/AT NO.40/2 AND 41 THUBARAHALLI VARTHUR HOBLI BANGALORE-560103 ... PETITIONERS
(BY SRI SUNDAR RAJ, ADV.) AND :
1. STATE OF KARNATAKA DEPARTMENT OF URBAN DEVELOPMENT VIDHANA SOUDHA BANGALORE-01 REP. BY ITS SECRETARY
93
2. THE COMMISSIONER BRUHAT BANGALORE MAHANAGARA PALIKE N R CIRCLE BANGALORE-560002
3. THE JOINT/DEPUTY COMMISSIONER
BBMP MAHADEVPURA DIVISION MAHADEVAPURA BANGALORE-560048 ... RESPONDENTS
(BY SMT. MANJULA R KAMADOLLI, HCGP FOR R1 SRI B V MURALIDHAR, ADV. FOR R2 & 3) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, WITH A PRAYER TO QUASH THE NOTICE DATED 5.10.12 VIDE ANNX-C ISSUED BY R3 AND ETC.
W.P.Nos.7061-63/2013
BETWEEN :
1. MR. ARAKERAPPA S/O LATE MUNIVENKATAPPA AND MRS. MUNITHAYAMMA AGED ABOUT 43 YEARS,
2. MR HARISHA S/O LAT MUNIVENKATAPPA AND MRS.MUNITHAYAMMA AGED ABOUT 30 YEARS, BOTH ARE R/AT BALAGERE VILLAGE, VARTHUR HOBLI, BANGALORE EAST TALUK, BANGALORE-560103. REP. BY THIR G.P.A HOLDER:
3. MR B GOVARDHANA CHARY
S/O MR.LAXMANA CHARY, AGED ABOUT 44 YEARS, MANAGING PARTNERS, M/S BSS BUILDERS AND PROMOTERS, A PARTNERSHIP FIRM HAVING ITS OFFICE AT NO.44/10, BALAGERE VARTHUR HOBLI, BANGALORE EAST TALUK, BANGALORE 560103. ... PETITIONERS
(BY SRI SUNDAR RAJ, ADV.)
94
AND :
1. STATE OF KARNATAKA DEPARTMENT OF URBAN DEVELOPMENT, VIDHANA SOUDHA, BANGALORE-01, REP. BY ITS SECRETARY.
2. THE COMMISSIONER
BRUHAT BANGALORE MAHANAGARA PALIKE, N.R.CIRCLE, BANGALORE-560002
3. THE JOINT/DEPUTY COMMISSIONER
BBMP MAHADEVPURA DIVISION, MAHADEVPURA, BANGALORE-560048 ... RESPONDENTS
(BY SMT. MANJULA R KAMADOLLI, HCGP FOR R1 SRI B V MURALIDHAR, ADV. FOR R2 & 3) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, WITH A PRAYER TO QUASH THE NOTICE DATED 5.10.2012 VIDE ANNEXURE-C ISSUED BY THE 3RD RESPONDENT AND ETC.
W.P.NO.7315/2013
BETWEEN: M/S SKYLARK MANSIONS (P) LTD., HAVING ITS OFFICE AT SKYLARK CHAMBERS, NO.37/21, YELLAPPA CHETTY LAYOUT, ULSOOR ROAD, BANGALORE-560 042. REP.BY ITS DIRCTOR, MR.SALEEM SHARIF, S/O MOHAMMED SHARIF, AGED ABOUT 53 YEARS … PETITIONER
(BY SRI S V MANJUNATH, ADV. FOR M/S. NISARGA LAW ASSOCIATES) AND :
1. THE CHIEF SECRETARY STATE OF KRANATAKA
95
VIDHANA SOUDHA, AMBEDKAR VEEDI, BANGALORE-560001.
2. THE COMMISSIONER
BRUHATH BANGALORE MAHANAGARA PALIKE, J.C.ROAD, N.R.SQUARE, BANGALORE SOUTH BANGALORE-560002.
3. THE ASSISTANT DIRECTOR,
TOWN PLANNING MAHADEVAPURA (DIVISION), BRUHATH BANGALORE MAHANAGARA PALIKE, BANGALORE-560048. .. . RESPONDENTS
(BY SMT. MANJULA R KAMADOLLI, HCGP FOR R1 SRI B V MURALIDHAR, ADV. FOR R2 & 3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, WITH A PRAYER TO QUASH THE IMPUGNED CIRCULAR UNDER ANNX-E DATED 28.9.12 PASSED BY THE R2 IMPOSING IMPROVEMENT CHARGES OF RS. 550/- PER SQ. METER AND ITS CONSEQUENTIONAL IMPUGNED NOTICE UNDER ANNX-A DATED 4.2.13 PASSED BY THE R3 AND ETC.
W.P.Nos.7317-318/2013
BETWEEN :
1. SRI NARASIMHA MURTHY S/O LATE SHANBOG A. KRISHNAMURTHY RAO AGED ABOUT 51 YEARS
2. SRI B.K. RAMA PRASAD S/O LATE SHANBOG A. KRISHNAMURTHY RAO AGED ABOUT 44 YEARS BOTH ARE R/AT NO.60 BELLANDUR VILLAGE & POST, VARTHUR HOBLI, BANGALORE EAST BANGALORE 560087 ... PETITIONERS
(BY SRI S V MANJUNATH, ADV. FOR M/S. NISARGA LAW ASSOCIATES)
96
AND :
1. THE CHIEF SECRETARY STATE OF KARNATAKA VIDHANA SOUDHA, AMBEDKAR VEEDI, BANGALORE 560001
2. THE COMMISSIONER
BRUHATH BANGALORE MAHANAGARA PALIKE J.C. ROAD, N.R. SQUARE, BANGALORE SOUTH, BANGALORE 560002
3. THE ASSISTANT DIRECTOR
TOWN PLANNING, MAHADEVAPURA (DIVSN) BRUHATH BANGALORE MAHANAGARA PALIKE BANGALORE 560048 ... RESPONDENTS
(BY SMT. MANJULA R KAMADOLLI, HCGP FOR R1 SRI B V MURALIDHAR, ADV. FOR R2 & 3) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, WITH A PRAYER TO QUASH THE IMPUGNED CIRCULAR VIDE ANNEXURE-E DATED 28.9.2012 PASSED BY THE 2ND ESPONDENT IMPOSING IMPROVEMENT CHARGES OF RS.550/- PER SQUARE METER AND ITS CONSEQUENTIAL IMPUGNED NOTICE VIDE ANNEXURE-A DATED 15.1.2013 PASSED BY THE 3RD RESPONDENT AND ETC.
W.P.Nos.7891/2013 & 8980-81/2013
BETWEEN: M/S VIDYA SHILP INDIA PVT LTD. NO.42/3, SHIVANAHALLI VILLAGE YELAHANKA HOBLI BANGALORE NORTH TALUK BANGALORE-560064 REP. BY ITS AUTHORISED SIGNATORY SRI RAVINDRA VITHANI ... PETITIONER
(BY SRI SURAJ GOVINDRA RAJ, ADV. FOR M/S. ANUP S SHAH LAW FIRM)
97
AND :
1. THE URBAN DEVELOPMENT DEPARTMENT GOVERNMENT OF KARNATAKA BY ITS SECRETARY VIDHANA SOUDHA, BANGALORE-01
2. BHARATH BANGALORE MAHANAGARA PALIKE
HAVING ITS OFFICE AT N R SQUARE BANGALORE-560002 REP. BY ITS COMMISSIONER
3. THE ASSISTANT REVENUE OFFICER
YELAHANKA SUB ZONE BRUHAT BANGALORE MAHANAGARA PALIKE YELAHANKA, BANGALORE-64 ... RESPONDENTS
(BY SMT. MANJULA R KAMADOLLI, HCGP FOR R1 SRI D N NANJUNDA REDDY, SR. COUNSEL FOR SRI K N PUTTEGOWDA, ADV. FOR R2 & 3) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, WITH A PRAYER TO QUASH THE CIRCULAR DT.28.9.2012 VIDE ANNX-B ISSUED BY R-2 & QUASH THE DEMAND NOTICE DT.9.1.2013 ISSUED BY R-3 THE ASSISTANT REVENUE OFFICER, YELAHANKA SUB-ZONE, BBMP, YELAHANKA AT ANNX-A AND ETC.
W.P.Nos.7895-98/2013
BETWEEN :
1. SRI. H.B. RAMURTHY S/O LATE H K BYRAPPA AGED ABOUT 30 YEARS
2. SRI H B SANDEEP S/O LATE H K BYRAPPA AGED ABOUT 28 YEARS
3. SRI H B ANANDH S/O LATE H K BYRAPPA AGED ABOUT 26 YEARS
4. SRI H K ANJINAPPA S/O LATE H K BYRAPPA AGED ABOUT 30 YEARS
98
ALL ARE R/O HGADURU VILLAGE K R PURAM HOBLI BANGALORE EAST TALUK BANGALORE ... PETITIONERS
(BY SRI T NAGARAJA, ADV.) AND :
1. THE URBAN DEVELOPMENT DEPARTMENT BY ITS SECRETARY, VIDHANA SOUDHA BANGALORE-560001
2. THE COMMISSIONER
BRUHAT BANGALORE MAHANAGARA PALIKE N R CIRLCE BANGALORE-560002
3. THE JOINT/DEPUTY COMMISSIONER
BBMP, MAHADEVAPURA DIVISION MAHADEVPURA BANGALORE-560048 …. RESPONDENTS
(BY SMT. MANJULA R KAMADOLLI, HCGP FOR R1 SRI B V MURALIDHAR, ADV. FOR R2 & 3) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, WITH A PRAYER TO QUASH THE CIRCULAR DT.28.9.12 PASSED BY THE R2 PRODUCED AT ANN-E, & THE IMPUGNED OFFICE MEMORANDUM DT.29.11.12, ISSUED BY THE R3, THE JOINT/DEPUTY COMMISSIONER, BBMP MAHADEVAPURA DIVISION BEST, BANGALORE-48, i.e. IMPROVEMENT CHARGES ARE CONCERNED, PRODUCED AT ANN-A AND ETC.
W.P.Nos.7900-902/2013 BETWEEN :
1. SMT. RATHNAMMA AGED ABOUT 79 YEARS W/O LATE C GIRIRAJA GOWDA R/AT CHANNASANDRA VILLAGE BIDARAHALLY HOBLI BANGALORE EAST TALUK
2. SRI CHANNAKESHAVA
AGED ABOUT 61 YEARS
99
S/O LATE C GIRIRAJA GOWDA NO.889, 1ST BOCK, 1ST CROSS RAMAKRISHNANAGAR MYSORE 570022
3. SRI C CHINNASWAMY
AGED ABOUT 59 YEARS S/O LATE C GIRIRAJA GOWDA R/AT NO.705, HMT LAYOUT, V B NAGAR, RT NAGAR POST BANGALORE 560032 RPTED BY THEIR GPA HOLDER SRI BALAKRISHNAREDDY AGED ABOUT 44 YEARS S/O B RAGHUNATHA REDDY MANAGING PARTNER OF ISHA INFRASTRUCTURE PANATHURU VILLAGE PANATHURU RAILWAY STATION ROAD, VARTHUR HOBLI BANGALORE EAST TALUK ... PETITIONERS
(BY SRI T NAGARAJA, ADV.) AND :
1. THE URBAN DEVELOPMENT DEPARTMENT BY ITS SECRETARY VIDHANA SOUDHA BANGALORE-560001
2. THE COMMISSIONER
BRUHAT BANGALORE MAHANAGARA PALIKE N R CIRCLE, BANGALORE-560002
3. THE JOINT/DEPUTY COMMISSIONER BBMP, MAHADEVPURA DIVISION MAHADEVPURA BANGALORE-560048 ... RESPONDENTS
(BY SMT. MANJULA R KAMADOLLI, HCGP FOR R1 SRI B V MURALIDHAR, ADV. FOR R2 & 3)
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, WITH A PRAYER TO QUASH THE CIRCULAR DATED 28.9.2012 PASSED BY THE 2ND RESPONDENT VIDE ANNEXURE-E AND THE IMPUGNED
100
OFFICE MEMORANDUM DATED 8.2.2013 ISSUED BY THIRD RESPONDENT THE JOINT / DEPUTY COMMISSIONER, BBMP, MAHADEVPURA DIVISION BEST, BANGALORE-48 I.E. IMPROVEMENT CHARGES ARE CONCERNED VIDE ANNEXURE-A AND ETC.
W.P.NO.7904/2013
BETWEEN : SMT. SHAKUNTHALAMMA AGED ABOUT 45 YEARS W/O LATE ASHVATHAIAH R/AT KAITHOTADA ROAD NGONDANAHALLY IMMADIHALLY POST VRTHURU HOBLI BANGALORE EAST TALUK ... PETITIONER (BY SRI T NAGARAJA, ADV.) AND :
1. THE URBAN DEVELOPMENT DEPARTMENT BY ITS SECRETARY VIDHANA SOUDHA BANGALORE-560001
2. THE COMMISSIONER
BRUHAT BANGALORE MAHANAGARA PALIKE N R CIRCLE, BANGALORE-560002
3. THE JOINT/DEPUTY COMMISSIONER
BBMP, MAHADEVPURA DIVISION MAHADEVPURA BANGALORE-560048 ... RESPONDENTS
(BY SMT. MANJULA R KAMADOLLI, HCGP FOR R1 SRI B V MURALIDHAR, ADV. FOR R2 & 3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, WITH A PRAYER TO QUASH THE CIRCULAR DATED 28.9.12 PASSED BY R2 VIDE ANNX-E AND THE IMPUGNED OFFICE MEMORANDUM DATED 28.1.13 ISSUED BY R3 THE JOINT/DY COMMISSIONER, BBMP, MAHADEVPURA DVN. BEST, BANGALORE IE. IMPROVEMENT CHARGES ARE CONCERNED VIDE ANNX-A AND ETC.
101
W.P.NO.7905/2013
BETWEEN : SMT. MUNIYAMMA W/O LATE C RAME GOWDA AGED ABOUT 67 YEARS R/A CHANNASANDRA VILLAGE BIDARAHALLY HOBLI BANGALORE EAST TALUK ... PETITIONER (BY SRI T NAGARAJA, ADV.) AND :
1. THE URBAN DEVELOPMENT DEPARTMENT BY ITS SECRETARY VIDHANA SOUDHA BANGALORE-560001
2. THE COMMISSIONER
BRUHAT BANGALORE MAHANAGARA PALIKE N R CIRCLE BANGALORE-560002
3. THE JOINT/DEPUTY COMMISSIONER
BBMP, MAHADEVPURA DIVISION MAHADEVPURA BANGALORE-560048 ... RESPONDENTS
(BY SMT. MANJULA R KAMADOLLI, HCGP FOR R1 SRI B V MURALIDHAR, ADV. FOR R2 & 3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, WITH A PRAYER TO QUASH THE CIRCULAR DT.28.9.12 PASSED BY THE R2 PRUDUCED AT ANN-E, & THE IMPUGNED OFFICE MEMORANDUM DT.08.02.2013, ISSUED BY THE R3, THE JOINT/DEPUTY COMMISSIONER, BBMP MAHADEVAPURA DIVISION BEST, BANGALORE-48, I.E. IMPROVEMENT CHARGES ARE CONCERNED, PRODUCED AT ANN-A AND ETC.
W.P.NO.7906/2013
BETWEEN : SRI. MOTAPPA S/O LATE K.MUNISHAMAPPA, AGED ABOUT 65 YEARS,
102
R/AT NO.22, 18TH MAIN ROAD, KAKAYAPPA HOUSE, KODIHALLY, BANGALAORE-560008. ... PETITIONER (BY SRI T NAGARAJA, ADV.) AND :
1. THE URBAN DEVELOPMENT DEPARTMENT BY ITS SECRETARY, VIDHANA SOUDHA, BANGALORE-560001.
2. THE COMMISSIONER
BRUHAT BANGALORE MAHANAGARA PALIKE, N.R.CIRCLE, BANGALORE-560002.
3. THE ASSISTANT/DEPUTY DIRECTOR
BBMP, TOWN PLANNING, MAHADEVPURA DIVISION, MAHDEVPURA, BANGALORE-560048. ... RESPONDENTS
(BY SMT. MANJULA R KAMADOLLI, HCGP FOR R1 SRI B V MURALIDHAR, ADV. FOR R2 & 3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, WITH A PRAYER TO QUASH THE CIRCULAR DT 28.9.12 PASSED BY R2 VIDE ANNX-D AND THE IMPUGNED ENDORSEMENT DATED 1.2.13 ISSUED BY R3-THE ASST./DY DIRECTOR, TOWN PLANNING, BBMP, MAHADEVPURA DIVN BEST, BANGALORE IE., IMPROVEMENT CHARGES ARE CONCERNED VIDE ANNX-E AND ETC.
W.P.Nos.7925-26/2013 & 8001-03/2013
BETWEEN :
1. H R RAJASHEKAR S/O LATE H RAMAIAH REDDY AGED ABOUT 55 YEARS R/A NO.310, 6TH MAIN HAL II STAGE BANGALORE-560038
2. LASKHMI DEVI
W/O SRI VENKATASWAMY
103
AGED ABOUT 61 YEARS R/A 003, CALDRA BLOCK ELAN HOMES, KAIKONDARAHALLI SARJAPUR ROAD BANGALORE-560035
3. KANTHAMMA CHANDRASHEKHAR
W/O N CHANDRASHEKHAR AGED ABOUT 53 YEARS R/A NO.1146, 22ND CROSS 23RD MAIN, II SECTOR, H S R LAYOUT BANGALORE-560102
4. H R RANI REDDY
W/O LATE M V RAVIKUMAR AGED ABOUT 51 YEARS R/A NO.1288, 32ND E CROSS 26TH MAIN, 4TH T BLOCK, JAYANAGAR BANGALORE-560041
5. SHAMALA RAJAGOPAL W/O S N RAJAGOPAL AGED ABOUT 49 YEARS R/A NO.24, MCINTOSH ROAD EAST LACRESENT, MN 35947, USA REP. HEREIN BY GPA HOLDER KANTHAMMA CHANDRASHEKHAR ... PETITIONERS
(BY SRI R V S NAIK, ADV. FOR M/S KING & PARTRIDGE) AND :
1. BRUHAT BANGALORE MAHANAGARA PALIKE N R SQUARE BANGALORE-560002 REP. BY THE COMMISSIONER
2. THE JOINT COMMISSIONER
MAHADEVAPURA CIRCLE BRUHAT BANGALORE MAHANAGARA PALIKE BANGALORE-560048 ... RESPONDENTS
(BY SRI D N NANJUNDA REDDY, SR. COUNSEL FOR SRI K N PUTTEGOWDA, ADV. FOR R1 & 2) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, WITH A PRAYER TO QUASH THE IMPUGNED CIRCULAR DT.28.9.12, ISSUED BY THE R1, VIDE AN-B AND ETC.
104
W.P.NO.7997/2013
BETWEEN :
1. M/S PRISHA PROPERTIES INDIA PVT. LTD., NO. 820, 80 FEET ROAD 8TH BLOCK, KORAMANGALA BANGALORE-560095 REP. BY ITS DIRECTOR SRI C D SANJAY RAJ
2. MS. M N NEETHA
D/O MUNINAGA REDDY @ M N REDDY AGED 28 YEARS, KHATHADHAR # 9/34/2, CHOKNAHALLI VILLAGE WARD NO. 05, YELAHANKA DIVISION BANGALORE REP. BY THE GPA HOLDER SRI C D SANJAY RAJ OF M/S PRISHA PROPERTIES INDIA PVT. LTD.,
... PETITIONERS (BY SRI SHIVAPRABHU S HIREMATH, ADV.) AND :
1. THE STATE OF KARNATAKA BY ITS PRINCIPLE SECRETARY URBAN DEVELOPMENT DEPARTMENT VIKASA SOUDHA BANGALORE-560001
2. BRUHAT BANGALORE MAHANAGARA PALIKE
BY ITS COMMISSIONER N R SQUARE BANGALORE-560002
3. THE JOINT DIRECTOR (TOWN PLANNING) BANGALORE SOUTH BRUHAT BANGALORE MAHANAGARA PALIKE N R SQUARE, BANGALORE-560020 ... RESPONDENTS
(BY SMT. MANJULA R KAMADOLLI, HCGP FOR R1 SRI D N NANJUNDA REDDY, SR. COUNSEL FOR SRI K N PUTTEGOWDA, ADV. FOR R2 & 3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, WITH A PRAYER TO
105
QUASH THE CIRCULAR DT.28.9.2012 ISSUED BY R-2 VIDE ANNX-A & QUASH THE DEMAND NOTICE DT.4.2.2013 ISSUED BY R-3 VIDE ANNX-B AND ETC.
W.P.NO.8101/2013
BETWEEN : M/S TRISHUL BUILDTECH AND INFRASTRUCTURE PVT. LTD., REP. BY ITS MANAGING DIRECTOR, SHRI.K.PRAKASH SHETTY, HAVING ITS REGISTERED OFFICE AT NO.9, ASHA, ALI ASKER ROAD, OPP. CUNNINGHAM ROAD, BANGALORE-560 052. ... PETITIONER
(BY MS. MELANIE SEBASTIAN, ADV.) AND :
1. THE URBAN DEVELOPMENT DEPARTMENT GOVERNMENT OF KARNATAKA, BY ITS SECRETARY, VIDHANA SOUDHA, BANGALORE-560 001.
2. THE COMMISSISONER
BRUHATH BANGALORE MAHANAGARA PALIKE, N.R.SQUARE, BANGALORE-560 002.
3. THE JOINT DIRECTOR,
TOWN PLANNING-NORTH, BBMP,YELAHANKA RANGE, BANGALORE-64. ... RESPONDENTS
(BY SMT. MANJULA R KAMADOLLI, HCGP FOR R1 SRI B V MURALIDHAR, ADV. FOR R2 & 3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, WITH A PRAYER TO QUASH THE CIRCULAR ISSUED BY BBMP COMMISSIONER DATED 28.9.2012 VIDE ANNEXURE-A & QUASH THE DEMAND NOTICE DATED 3.1.2013 ISSUED BY THE RESPONDENT NO.3 VIDE ANNEXURE-B.
106
W.P.Nos.8102/2013 & 8583-85/2013
BETWEEN : M/S GOLDFINCH HOTELS PVT. LTD., REP. BY ITS DIRECTOR SHRI K PRAKASH SHETTY HAVING ITS REGISTERED OFFICE AT NO.32/3, CRESCENT ROAD HIGH GROUDS BANGALORE-560001 ... PETITIONER
(BY MS. MELANIE SEBASTIAN, ADV. FOR M/S. TOMY SEBSTAIN ASSTS.) AND :
1. THE URBAN DEVELOPMENT DEPARTMENT GOVERNMENT OF KARNATAKA BY ITS SECRETARY, VIDHANA SOUDHA, BANGALORE-01
2. THE COMMISSIONER
BRUHATH BANGALORE MAHANAGARA PALIKE N R SQUARE, BANGALORE-02
3. THE JOINT DIRECTOR,
TOWN PLANNING NORTH BBMP, YELAHANKA RANGE BANGALORE-64 ... RESPONDENTS
(BY SMT. MANJULA R KAMADOLLI, HCGP FOR R1 SRI B V MURALIDHAR, ADV. FOR R2 & 3) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, WITH A PRAYER TO QUASH THE CIRCULAR DATED 28.9.2012 VIDE ANN-A & QUASH THE DEMAND NOTICE DATED 2.1.2013 ISSUED BY THE RESPONDENT NO.3 VIDE ANNEXURE-B.
W.P.Nos.8208-209/2013
BETWEEN :
1. MR. K.V. RAMANA REDDY S/O SRI K. NARAYANA REDDY AGED ABOUT 54 YEARS R/AT NO.A-4, FORTUNA SERENITY
107
6TH “D” CROSS KAGGADASAPURA MAIN ROAD C.V. RAMAN NAGAR POST BANGALORE 560093
2. MR. CH. BALAKRISHNA REDDY
S/SRI. VIJAYAKUMAR REDDY AGED ABOUT 36 YEARS R/AT N:T-6 D BLOCK GAYATRI OCEAN BLUE KUNDANAHALLI GATE BANGALORE – 560048 …PETITIONERS
(BY SRI SUNDAR RAJ, ADV.) AND :
1. STATE OF KARNATAKA DEPARTMENT OF URBAN DEVELOPMENT VIDHANA SOUDHA, BANGALORE-01 REP. BY ITS SECRETARY
2. THE COMMISSIONER
BRUHAT BANGALORE MAHANAGARA PALIKE N.R. CIRCLE, BANGALORE02
3. THE JOINT / DEPUTY COMMISSIONER
BBMP HOODI SUB-DIVISION MAHADEVPURA BANGALORE – 560048 …RESPONDENTS
(BY SMT. MANJULA R KAMADOLLI, HCGP FOR R1 SRI B V MURALIDHAR, ADV. FOR R2 & 3) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, WITH A PRAYER TO QUASH THE ENDORSEMENT DATED 4.2.13 VIDE ANNX-C ISSUED BY R3 & DIRECT THE R3 NOT TO INSIST/DEMAND THE PETITIONER FOR THE PAYMENT OF IMPROVEMENT CHARGES FOR THE REGISTRATION AND ISSUANCE OF KATHA IN FAVOUR OF THE PETITIONER IN VIEW OF ANNX-C.
W.P.Nos.8276-77/2013 BETWEEN :
1. N YOGANANDA AGED ABOUT 44 YEARS, S/O.LATE R.NANJUNDAPPA,
108
R/AT 18/1, YEMALUR, NEAR HAL, BANGALORE-560037.
2. SMT. KANTHAMMA
AGED 67 YEARS, W/O.PATTABHIRAMA REDDY, R/AT YEMALUR, 4TH CROSS, REDDY COLONY, BANGALORE-560037. …PETITIONERS
(BY SRI B N ANANTHA NARAYANA & SRI CHINNAPPA GOWDA, ADVS.) AND :
1. STATE OF KARNATAKA REP. BY ITS SECRETARY TO GOVERNMENT, HOUSING AND URBAN DEVELOPMENT DEPARTMENT, M.S.BUILDING, ANNEXURE-II, DR.AMBEDKAR VEEDHI, K.R.CIRCLE, BANGALORE-560002, REP. BY ITS COMMISSIONER.
2. BRUHATH BANGALORE
MAHANAGARA PALIKE HAVING ITS OFFICE AT N.R.SQUARE, BANGALORE-560002 REP. BY ITS COMMISSIONER
3. THE DEPUTY COMMISSIONER
(REVENUE), BRUHATH BANGALORE MAHANAGARA PALIKE, N.R.SQURE, BANGALORE-560004.
4. THE DEPUTY COMMISSIONER
BRUHATH BANGALORE MAHANAGARA PALIKE, MAHADEVAPURA ZONE BANGALORE-560048. ... RESPONDENTS
(BY SMT. MANJULA R KAMADOLLI, HCGP FOR R1 SRI D N NANJUNDA REDDY, SR. COUNSEL FOR SRI K N PUTTEGOWDA, ADV. FOR R2 -4) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, WITH A PRAYER TO QUASH THE CIRCULAR DT.28.9.2012 VIDE ANNX-G ISSUED BY R-2 & QUASH THE DEMAND NOTICES DT.5.2.2013 & DT.21.11.2012 ISSUED BY R-4 THE DY. COMMISSIONER,
109
BANGALORE MAHANAGARA PALIKE, MAHADEVAPURA ZONE, BANGALORE AT ANNX-E & F AND ETC.
W.P.NO.8390/2013
BETWEEN : SMT. MUNIYAMMA W/O MALIYAPPA AGED ABOUT 72 YEARS R/AT PATTANDURU AGRAHARA VILLAGE MAHADEVPURA WARD NO.18 KR PURAM HOBLI BANGALORE EAST TALUK BANGALORE – 560066 ... PETITIONER
(BY SRI T NAGARAJA, ADV.) AND :
1. THE URBAN DEVELOPMENT DEPARTMENT BY ITS SECRETARY, VIDHANA SOUDHA BANGALORE – 560001
2. THE COMMISSIONER
BRUHAT BANGALORE MAHANAGARA PALIKE N.R. CIRCLE, BANGALORE – 560002
3. THE / DEPUTY COMMISSIONER
BBMP, MAHADEVPURA DIVISION MAHADEVPURA BANGALORE – 560048 ... RESPONDENTS
(BY SMT. MANJULA R KAMADOLLI, HCGP FOR R1 SRI S M PRASHANTHCHANDRA, ADV. FOR R2 & R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, WITH A PRAYER TO QUASH THE CIRCULAR DT.28.9.12 PASSED BY THE R2 PRUDUCED AT ANN-E, & THE IMPUGNED OFFICE MEMORANDUM DT.07.02.13, ISSUED BY THE R3, THE JOINT/DEPUTY COMMISSIONER, BBMP MAHADEVAPURA DIVISION BEST, BANGALORE-48, I.E. IMPROVEMENT CHARGES ARE CONCERNED, PRODUCED AT ANN-A AND ETC.
110
W.P.Nos.8422/2013 & 8461/2013
BETWEEN:
1. MUNIYAPPA D NAVEEN S/O DODDATHAMMAIAH, AGED ABOAUT 42 YEARS,
2. SMT.SUGANA W/O MUNIYAPPA D NAVEEN, AGED ABOUT 34 HYEARS, BOTH ARE R/AT NO.327, KALKERE VILLAGE, K.R.PURAM HOBLI, BANGALORE EAST TALUK-36. ... PETITIONERS
(BY SRI L HARISH KUMAR, ADV.) AND :
1. THE URBAN DEVELOPMENT AUTHORITY BY ITS SECRETARY, VIDHANA SOUDHA, BANGALORE-560001.
2. THE COMMISSIONER,
BRUHAT BENGALURU MAHANAGARA PALIKE, N.R.SQUARE, BANGALORE-560 002.
3. THE ASSISTANT COMMISSIONER
MAHADEVAPURA RANGE, BRUHAT BENGALURU MAHANAGARA PALIKE, BANGALORE-560 048. ... RESPONDENTS
(BY SMT. MANJULA R KAMADOLLI, HCGP FOR R1 SRI S M PRASHANTHCHANDRA, ADV. FOR R2 & R3) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, WITH A PRAYER TO QUASH THE CIRCULAR DATED 28.9.12 PASSED BY R2 VIDE ANN-A AND ETC.
111
W.P.NO.8857/2013
BETWEEN : SRI T.K.KEMPARAJU S/O LATE KRISHNAPPA, AGED ABOUT 48 YEARS, NO.846, 6TH MAIN ROAD, L.N.COLONY, BANGALORE-22. ... PETITIONER
(BY SRI RAGHUNATH C M, ADV.) AND :
1. STATE OF KARNATAKA DEPT. OF HOUSING & URBAN DEVELOPMENT, M.S.BUILDING, BANGALORE-01. BY ITS SECRETARY.
2. THE COMMISSIONER
BRUHAT BENGALURU MAHANAGARA PALIKE, BANGALORE-560002.
3. THE JOINT COMMISSIONER
DASARAHALLI ZONE, BBMP, BANGALORE-57.
4. THE ASST. REVENUE OFFICER
SHETTIHALLI SUB DIVISION, BBMP, BANGALORE-57. ... RESPONDENTS
(BY SMT. MANJULA R KAMADOLLI, HCGP FOR R1 SRI R SUBRAMANYA, ADV. FOR R2 TO R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, WITH A PRAYER TO QUASH THE CIRCULAR DATED 28.9.12 VIDE ANNX-A ISSUED BY R2 & QUASH THE DEMAND NOTICE DATED 2.1.13 ISSUED BY THE R4 VIDE ANNX-B.
W.P.Nos.8986-87/2013
BETWEEN : SMT. KAMALAVENI W/O MUNISWAMY, AGED ABOUT 61 YEARS,
112
R/AT NO.20/2-1, ANJANEYA TEMPLE ROAD, YELAGUNDAPALYAM, BANGALORE-47. ... PETITIONER
(BY SRI VENUGOPAL M S, ADV.) AND :
1. STATE OF KARNATAKA REP. BY ITS SECRETARY, DEPARTMENT OF URBAN DEVELOPMENT, VIKASA SOUDHA, BANGALORE-560001.
2. THE COMMISSIONER BRUHAT BANGALORE MAHANAGARA PALIKE, N.R.CIRCLE, BANGALORE-560002.
3. THE ASSISTANT REVENUE OFFICER
H.S.R.SUB-DIVISION, BRUHAT BANGALORE MAHANAGARA PALIKE, BANGALORE-68. ... RESPONDENTS
(BY SMT. MANJULA R KAMADOLLI, HCGP FOR R1 SRI R SUBRAMANYA, ADV. FOR R2 & R3) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, WITH A PRAYER TO QUASH THE CIRCULAR DATED 28.9.12 PASSED BY R2 VIDE ANNX-F AND THE ENDORSEMENT DATED 7.2.13 ISSUED BY R3 VIDE ANNX-E & DIRECT THE R3 NOT TO INSIST FOR PAYMENT OF DEVELOPMENT CHARGES FOR ISSUANCE OF SANCTION PLAN.
W.P.NO.9250/2013
BETWEEN :
1. P NAGARATHNA AGED ABOUT 62 YEARS W/O KESHAVA REDDY OCC: HOUSE WIFE
113
2. P KESHAVA REDDY S/O LATE BHEEMAPPA AGED ABOUT 69 YEARS OCC: AGRICULTURE
3. B PARVATHI D/O KESHAVA REDDY AGED ABOUT 44 YEARS OCC: HOUSE WIFE
4. B USHA D/O KESHAVA REDDY
AGED ABOUT 42 YEARS OCC: HOUSE WIFE
5. K DHARANI D/O KESHAVA REDDY AGED ABOUT 38 YEARS OCC: HOUSE WIFE
6. K BHARATHI D/O KESHAVA REDDY AGED ABOUT 38 YEARS OCC: HOUSE WIFE
7. P SWETHA D/O KESHAVA REDDY AGED ABOUT 38 YEARS OCC: HOUSE WIFE
8. B YERRISWAMY REDDY S/O B LAKSHMANNA AGED ABOUT 60 YEARS OCC: AGRICULTURE
9. B NARASAMMA W/O YERRISWAMY REDDY AGED ABOUT 58 YEARS OCC: HOUSE WIFE
10. B REDDAPPA REDDY S/O B LAKSHMANNA AGED ABOUT 58 YEARS OCC: AGRICULTURE
11. B PARVATHI W/O REDDAPPA REDDY AGED ABOUT 44 YEARS OCC: HOUSE WIFE ALL ARE REP. BY R/O CHIKKA BELLANDUR VILLAGE VARTHUR HOBALI BANGALORE EAST TALUK REP. BY THEIR GPA HOLDER M/S DHRUTHI INFRA PROJECTS LTD., HAVING ITS REGISTERED OFFICE AT LEVEL-II PRESTIGE OMEGA, NO.10,
114
EPIP ZONE, WHITEFIELD, BANGALORE 560 066 REP. BY ITS MANAGING DIRECTOR K. KRISHNAKANTH ... PETITIONERS
(BY SRI M R HIREMATHAD & SRI UDAYKUMAR P, ADVS.) AND:
1. THE URBAN DEVELOPMENT DEPARTMENT GOVERNMENT OF KARNATAKA BY ITS SECRETARY VIDHANA SOUDHA BANGALORE -01
2. THE COMMISSIONER
BRUHATH BANGALORE MAHANAGARA PALIKE BANGALORE 560 002
3. THE DEPUTY COMMISSIONER
MAHADEVAPURA VALAYA BRUHATH BANGALORE MAHANAGARA PALIKE BANGALORE 560 002 ... RESPONDENTS
(BY SMT. MANJULA R KAMADOLLI, HCGP FOR R1 SRI R SUBRAMANYA, ADV. FOR R2 & R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, WITH A PRAYER TO QUASH THE CIRCULAR DATED 28.9.12 ISSUED BY R2 VIDE ANNX-A & QUASH THE DEMAND NOTICE DATED 18.2.13 ISSUED BY THE R3 VIDE ANNX-B.
W.P.Nos.9328-29/2013
BETWEEN : M/S RAJA HOUSING LTD., OFFICE AT F-2, RAJALAKSHMI NO.12, BASAPPA ROAD, SHANTHINAGAR, BANGALORE 560027 REP. BY MANAGING DIRECTOR & CHAIRMAN MR. RAJA SUCHINDRA ... PETITIONER
(BY SRI AMRUTHESH C, ADV.)
115
AND :
1. THE URBAN DEVELOPMENT DEPARTMENT GOVERNMENT OF KARNATAKA, VIDHANASOUDHA, BANGALORE 560001 BY ITS SECRETARY
2. THE COMMISSIONER
BRUHAT BENGALURU MAHANAGARA PALIKE, N.R. SQUARE, BANGALORE-02.
3. THE JOINT DIRECTOR TOWN PLANNING
BEGUR BRANCH, BRUHAT BENGALURU MAHANAGARA PALIKE, BANGALORE-68
4. THE ASSISTANT REVENUE OFFICER
BEGUR BRANCH, BRUHAT BENGALURU MAHANAGARA PALIKE, BANGALORE-68
5. THE ASSISTANT DIRECTOR
TOWN PLANNING, BRUHAT BENGALURU MAHANAGARA PALIKE, BOMMANAHALLY ZONE BANGALORE -68 ... RESPONDENTS
(BY SMT. MANJULA R KAMADOLLI, HCGP FOR R1 SRI R SUBRAMANYA, ADV. FOR R2-5) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, WITH A PRAYER TO QUASH THE CIRCULAR DATED 28.9.12 VIDE ANNX-A ISSUED BY R2 & QUASH THE DEMAND NOTICE DATED 15.2.13 ISSUED BY THE R4 DIRECTING THE PETITIONERS TO PAY 550/- P.S.M TOWARDS BETTERMENT TAX VIDE ANNX-B.
W.P.Nos.9330-32/2013
BETWEEN : SRI L BALAKRISHNAMA NAIDU AGED ABOUT 51 YEARS, S/O LATE L. GURAPPA NAIDU, R/AT NO. 1564/A, 29TH CROSS,
116
28TH MAIN, BANASHANKARI II STAGE BANGALORE -70 ... PETITIONER
(BY SRI B S RADHANANDAN & SRI MALLESHA, ADVS.) AND :
1. THE URBAN DEVELOPMENT DEPARTMENT GOVERNMENT OF KARNATAKA, VIDHANASOUDHA, BANGALORE-01 BY ITS SECRETARY
2. THE COMMISSIONER
BRUHAT BENGALURU MAHANAGARA PALIKE, N.R SQUARE, BANGALORE-02
3. THE JOINT DIRECTOR TOWN PLANNING
RAJARAJESWARINAGAR BRANCH, BRUHAT BENGALURU MAHANAGARA PALIKE, BANGALORE.
4. ASSISTANT REVENUE OFFICER
KENGERI BRANCH, BRUHAT BENGALURU MAHANAGARA PALIKE, BANGALORE.
5. ASSISTANT DIRECTOR
TOWN PLANNING, BRUHAT BENGALURU MAHANAGARA PALIKE, RAJARAJESWARINAGAR ZONE, BANGALORE. ... RESPONDENTS
(BY SMT. MANJULA R KAMADOLLI, HCGP FOR R1 SRI R SUBRAMANYA, ADV. FOR R2 TO R5) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, WITH A PRAYER TO QUASH THE CIRCULAR DT.28.9.2012 VIDE ANNX-A; QUASH THE DEMAND NOTICE DT.11.2.2013 ISSUED BY R-4 DIRECTING THE PETITIONERS TO PAY RS.550/- PER SQ MTR TOWARDS BETTERMENT TAX (VIDE ANNX-B) AND ETC.
117
W.P.Nos.988/2013 & 1844-1932/2013
BETWEEN :
M/S RENAISSANCE HOLDING DEVELOPERS PVT. LTD., HAVING ITS OFFICE AT NO.50, RENAISSANCE LANDMARK, 17TH CROSS, 8TH MAIN, MALLESWARAM, BANGALORE- 560 055 REP. BY ITS AUTHORIZED SIGNATORY, MR. SUDHAMA, VICE-PRESIDENT ... PETITIONER (BY SRI S MAHESH, ADV. FOR M/S MAHESH & CO.) AND : 1. THE DEPUTY COMMISSIONER BRUHATH BENGALURU MAHANAGARA PALIKE, J C ROAD, N.R. SQUARE, BANGALORE SOUTH, BANGALORE-06 2. THE JOINT COMMISSIONER BRUHATH BENGALURU MAHANAGARA PALIKE, MAHADEVAPUR SUB-DIVISION, BANGALORE-48 …. RESPONDENTS (BY SRI B V MURALIDHAR, ADV. FOR R1 & 2)
THESE PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO; QUASH THE IMPUGNED NOTE DT.12.7.2012 VIDE ANNEXURE-A PASSED BY R-2 IMPOSING IMPROVEMENT CHARAGES OF RS.400/- PER SQUARE METER AND ETC.
W.P.No.1343/2013
BETWEEN : M/S ORCHID LAKEVIEW DEVELOPERS A REGISTERED PARTNERSHIP FIRM, HAVING ITS REGISTERED OFFICE AT UNIT NO.206, BARTON CENTRE, NO.84, M G ROAD, BANGALORE- 560 001
118
REP. BY ITS PARTNER- AUTHORISED SIGNATORY MR. TANMAY TRILOKCHAND AGARWAL ... PETITIONER (BY M/S. ANUP S SHAH LAW FIRM, SRI SURAJ GOVINDRAJ, ADVS.) AND: 1.THE URBAN DEVELOPMENT DEPARTMENT BY ITS SECRETARY VIDHANA SOUDHA, BANGALORE-01 2.BHRUHAT BANGALORE MAHANAGARA PALIKE HAVING ITS OFFICE AT N.R SQUARE BANGALORE- 560 002 REP. BY ITS COMMISSIONER 3.THE ASSISTANT REVENUE OFFICER MARATHHALLI SUB-DIVISION, BANGALORE-37 4.TOWN PLANNING MEMBER HAVING ITS OFFICE AT N R SQUARE, BANGALORE- 560 002 REP. BY ITS JOINT DIRECTOR ... RESPONDENTS (BY SMT. MANJULA R KAMADOLLI, HCGP FOR R1 SRI B V MURALIDHAR, ADV. FOR R2 TO 4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE CIRCULAR DATED 28.9.2012 ISSUED BY THE 2ND RESPONDENT VIDE ANNEXURE-B AND ETC. W.P.Nos.51821-823/2012 BETWEEN : 1. CHARTERED HOUSING PVT. LTD., 27, VICTORIA ROAD,
BANGALORE- 560 047 REP. BY ITS SENIOR ADMINISTRATIVE MANAGER, MR. LEO LEWIS, S/O LATE ANTHONY LEWIS AGED ABOUT 47 YEARS
119
2. SURYA SMERA VENTHAM D/O LATE V NAGAPRASAD, AGED ABOUT 24 YEARS,
3. EKA VEDANTHAM S/O LATE V NAGAPRASAD, AGED ABOUT 17 YEARS, SINCE MINOR REP. BY HIS NATURAL GUARDIAN & ELDER SISTER SMT SURYA SMERA VENTHAM BOTH ARE R/AT NO.63, REMA SKY VIEW APARTMENTS, 1ST MAIN, K R GARDEN, MURGESHPALYA, BANGALORE- 560 032 ... PETITIONERS
(BY SRI UDAYA HOLLA SR.COUNSEL FOR SRI K SHASHIKIRAN SHETTY) AND : 1 THE URBAN DEVELOPMENT DEPARTMENT
GOVERNMENT OF KARNATAKA, VIDHANA SOUDHA, BANGALORE- 560 001 BY ITS SECRETARY
2. THE COMMISSIONER
BRUHAT BENGALURU MAHANAGARA PALIKE, N R SQUARE, BANGALORE-02
3. THE JOINT DIRECTOR TOWN PLANNING
BEGUR BRANCH, BRUHAT BENGALURU MAHANAGARA PALIKE, BANGALORE- 560 002
4. ASSISTANT REVENUE OFFICER
BEGUR BRANCH, BRUHAT BENGALURU MAHANAGARA PALIKE, BANGALORE- 560 022
5. ASSISTANT DIRECTOR
TOWN PLANNING, BRUHAT BENGALURU MAHANAGARA PALIKE,
120
BOMMANAHALLY, BANGALORE- 560 022 ... RESPONDENTS
(BY SMT. MANJULA R KAMADOLLI, HCGP FOR R1 SRI D N NANJUNDA REDDY, SR. COUNSEL FOR SRI K N PUTTEGOWDA, ADV. FOR R2 TO 5)
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO; QUASH THE CIRCULAR DATED 28.9.2012 VIDE ANNEXURE-A; QUASH THE DEMAND NOTICE DATED 15.11.2012 ISSUED BY THE 4TH RESPONDENT DIRECTING THE PETITIOENRS TO PAY RS.550/- PER SQ. MTR. TOWARDS BETTERMENT TAX VIDE ANNEXURE-B AND ETC. W.P.NO.6966/2013 BETWEEN : M/S. PENTADYNE A PARTNERSHIP FIRM HAVING ITS PRINCIPAL PLACE OF BUSINESS AT KSCMF BUILDING, MSB-III, GROUND FLOOR, NO.8, CUNNINGHHAM ROAD, BANGALORE-52 (REP BY ITS GPA HOLDER) M/S PRESTIGE ESTATES PROJECTS LTD., OFFICE AT FALCON HOUSE NO.1, MAIN GUARD CROSS ROAD, BANGALORE-01, REP. BY ITS EXECUTIVE DIRECTOR - LEGAL ... PETITIONER (BY M/S TOMY SEBASTIAN ASSTS, ADVS.) AND : 1.THE URBAN DEVELOPMENT DEPARTMENT GOVERNMENT OF KARNATAKA BY ITS SECRETARY VIDHANA SOUDHA, BANGALORE-01 2.THE COMMISSIONER BRUHATH BANGALORE MAHANAGARA PALIKE, N.R. SQUARE, BANGALORE-02 3.THE ASSISTANT DIRECTOR TOWN PLANNING,
121
BBMP, MAHADEVAPURA ZONE, BANGALORE-560048 ... RESPONDENTS (BY SMT. MANJULA R KAMADOLLI, HCGP FOR R1 SRI D N NANJUNDA REDDY, SR. COUNSEL FOR SRI K N PUTTEGOWDA, ADV. FOR R2 & 3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO; QUASH THE CIRCULAR DATED 28.9.2012 VIDE ANNEXURE-B AND ETC. W.P.Nos.6485/2013 & 9620-21/2013 BETWEEN : 1.B K CHANDRE GOWDA S/O LATE P PATEL KEMPANNA AGED ABOUT 60 YEARS 2.SMT GOWRAMMA W/O B K CHANDRE GOWDA AGED ABOUT 53 YEARS 3.B C NARENDRA S/O B K CHANDRE GOWDA AGED ABOUT 26 YEARS 4.MS B C PUNITHA D/O B K CHANDRE GOWDA AGED ABOUT 24 YEARS 5.MUNIRAJA GOWDA S/O LATE P PATEL KEMPANNA AGED ABOUT 58 YEARS 6.SMT. LEELAVATHI W/O B K MUNIRAJA GOWDA AGED ABOUT 50 YEARS 7.B M RAGHAVENDRA S/O B K MUNIRAJA GOWDA AGED ABOUT 26 YEARS 8.MISS CHITRA D/O B K MUNIRAJA GOWDA AGED ABOUT 22 YEARS 9.SUNIL KUMAR S/O B K MUNIRAJA GOWDA AGED ABOUT 18 YEARS
122
10.B K MANJUNATHA S/O LATE P PATEL KEMPANNA AGED ABOUT 46 YEARS 11.SMT PUSHPA W/O B K MANJUNATHA AGED ABOUT 40 YEARS 12.MS. BINDHU M D/O B K MANJUNATHA AGED ABOUT 15 YEARS 13.MS. VANITHA D/O B K MANJUNATHA AGED ABOUT 13 YEARS 14.MS. VINUTHA D/O B K MANJUNATHA AGED ABOUT 11 YEARS PETITIONERS 12, 13, 14 MINORS BEING REP. BY THEIR FATHER AND NATURAL GUARDIAN PETITIONER NO.10 15.B K ANANDA KUMAR S/O LATE P PATEL KEMPANNA AGED ABOUT 43 YEARS 16.SMT LAKSHMAMMA W/O B K ANAND KUMAR AGED ABOUT 36 YEARS 17.MS NISHTHA D/O B K ANAND KUMAR AGED ABOUT 12 YEARS 18.MASTER PUNIT KUMAR S/O B K ANAND KUMAR AGED ABOUT 8 YEARS PETITIONERS 17, 18 MINOR BEING REP. BY THEIR FATHER AND NATURAL GUARDIAN PETITIONER NO.15 19.B K ASHWATHANARAYANA S/O LATE P PATEL KEMPANNA AGED ABOUT 40 YEARS
123
20.SMT. SHOBHA W/O B K ASHWATHANARAYANA AGED ABOUT 34 YEARS 21.MS HARSHITHA D/O B K ASHWATHANARAYANA AGED ABOUT 5 YEARS PETITIONERS 21 MINOR BEING REP. BY HER FATHER AND NATURAL GUARDIAN PETITIONER NO.19 PETITIONERS 1 TO 21 ARE ALL R/A BHOGANAHALLI VILLAGE VARTHUR HOBLI BANGALORE EAST TALUK BANGALORE. PETITIONERS 1 TO 21 ARE REP.BY THEIR DULY CONSTITUTED AGENT AND POWER OF ATTORNEY HOLDER DEBONAIR REALTORS PRIVATE LIMITED REP. BY ITS DGM (BUSINESS DEVELOPMENT) MR. ASHWIN SANCHETI 22.M/S DEBONAIR REALOTS PVT. LTD., OFFICE AT NO.7, CHITTARANJAN AVENUE KOLKATA AND ITS BANGALORE OFFICE AT NO.#3, SALARPURIA WINDSOR ULSOOR ROAD, BANGALORE-560042 BY ITS DGM (BUSINESS DEVELOPMENT) MR. ASHWIN SANCHETI ... PETITIONERS (BY SRI G S VENKAT SUBBARAO, ADV.) AND: 1.THE URBAN DEVELOPMENT DEPARTMENT GOVERNMENT OF KARNATAKA BY ITS SECRETARY VIKASA SOUDHA BANGALORE-560001 2.THE COMMISSIONER BRUHAT BANGALORE MAHANAGARA PALIKE N R SQUARE, BANGALORE-560002 3.THE JOINT DIRECTOR TOWN PLANNING BANGALORE NORTH BRUHAT BANGALORE
124
MAHANAGARA PALIKE N R SQUARE, BANGALORE-02 ... RESPONDENTS (BY SMT. MANJULA R KAMADOLLI, HCGP FOR R1 SRI D N NANJUNDA REDDY, SR. COUNSEL FOR SRI K N SUBBAREDDY FOR R2 & 3)
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE CIRCULAR DATED 28.9.2012 VIDE ANNEXURE-A & QUASH THE DEMAND NOTICE DATED 8.1.2013 ISSUED BY THE 3RD RESPONDENT VIDE ANENXURE-B. W.P.NO.45223/2012 BETWEEN : SRI C GOPALAREDDY AGED ABOUT 67 YEARS, SON OF CHANNAPPAREDDY, R/AT NO.1233, 4TH MAIN, 7TH SECTOR, HSR LAYOUT, BANGALORE-560 102 ... PETITIONER (BY SRI S RAMA MURTHY & SRI S PRASANNA, ADVS.) AND: 1.THE COMMISSIONER BRUHAT BANGALORE MAHANAGARA PALIKE, N.R.SQUARE, BANGALORE 2.ASSISTANT REVENUE OFFICER BEGUR SUBDIVISION, BRUHAT BANGALORE MAHANAGARA PALIKE, BANGALORE-560 100 ... RESPONDENTS (BY SRI D N NANJUNDA REDDY, SR. COUNSEL FOR SRI K N PUTTEGOWDA, ADV. FOR R1 & 2) W.P.Nos.8578/2013 & 9544-45/2013 BETWEEN: 1. H M RAJASHEKAR
S/O MUNIYAPPA AGED ABOUT 60 YEARS
125
RESIDING AT NO.158, 2ND CROSS, HOODI, MAHADEVAPURA POST, BANGALORE – 560 048
2. H.M. RAMAMURTHY
S/O MUNIYAPPA AGED ABOUT 56 YEARS RESIDING AT NO.158, 2ND CROSS, HOODI, MAHADEVAPURA POST, BANGALORE – 560 048
3. H.M. CHANDRASHEKAR
S/O MUNIYAPPA AGED ABOUT 54 YEARS RESIDING AT NO.158, 2ND CROSS, HOODI, MAHADEVAPURA POST, BANGALORE – 560 048 ... PETITIONERS
(BY SRI K. V. GIRISH, ADV.) AND:
1. THE COMMISSIONER BRUHAT BENGALURU MAHANAGARA PALIKE
J.C.ROAD, N.R. SQUARE, BANGALORE- 560 002
2. JOINT COMMISSIONER MAHADEVAPURA DIVISION MAHADEVAPURA BANGALORE – 560 048
3. DEPUTY COMMISSIONER MAHADEVAPURA DIVISION BRUHAT BANGALORE MAHANAGARA PALIKE BANGALORE – 560 048 ... RESPONDENTS
(BY SMT. MANJULA R KAMADOLLI, HCGP. FOR R-1 SRI.D.N.NANJUNDA REDDY, SR.COUNSEL FOR SRI.K.N. SUBBAREDDY, ADV. FOR R2-R3)
THESE PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, WITH A PRAYER TO QUASH THE CIRCULAR DATED 28.9.12 ISSUED BY R1 AT ANNX-A; ENDORSEMENT DATED 17.12.12 ISSUED BY R3 AT ANNX-B
126
TO THE EXTENT OF DEMANDING IMPROVEMENTS EXPENSES AND ETC.
W.P.Nos.9726-27/2013 BETWEEN: M/S MODERN ASSET NO. 23, SANKEY ROAD, LOWER PALACE ORCHARDS, SADASHIVANAGAR, BANGALORE- 560080, REP. BY ITS PARTNER MR. KUNAL.B. S/O SRI H.D. BALAKRISHNE GOWDA, AGED ABOUT 23 YEARS, R/AT NO.12, 80 FEET ROAD, PADMANABHANAGAR, BANGALORE-70 ... PETITIONER
(BY SRI D. L. JAGADEESH, ADV.) AND:
1. THE URBAN DEVELOPMENT DEPARTMENT GOVERNMENT OF KARNATAKA, BY ITS SECRETARY, VIDHANA SOUDHA, BANGALORE-01.
2. THE COMMISSIONER
BRUHATH BANGALORE MAHANAGARA PALIKE, N.R.SQUARE, BANGALORE-02.
3. THE ASSISTANT REVENUE OFFICER
YELAHANKA SUB-DIVISION, BRUHATH BANGALORE MAHANAGARA PALIKE, YELAHANKA, BANGALORE-64 ... RESPONDENTS
(BY SMT. MANJULA R KAMADOLLI, HCGP. FOR R1 SRI D N NANJUNDA REDDY, SR. COUNSEL FOR SRI K N PUTTEGOWDA, ADV. FOR R2 & 3)
THESE PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, WITH A PRAYER TO QUASH THE IMPUGNED NOTICE DATED 20.2.2013 VIDE ANNEXURE-C AND ALSO THAT OF THE NOTICE DATED
127
20.2.2013 VIDE ANEXURE-D BOTH ISSUED BY THE 3RD RESPONDENT - THE ASSISTANT REVENUE OFFICER, YELEHANKA SUB DIVISION, BRUHATH BANGALORE MAHANAGARA PALIKE, BANGALORE-560064.
W.P.Nos. 6484/2013 & 9623-24/2013 BETWEEN M/S HARAPARVATI REALTORS PRIVATE LIMITED, A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956 AND HAVING ITS REGISTERED OFFICE AT NO.7, CHITRANJAN AVENUE, KOLKATTA AND ITS BANGALORE OFFICE AT NO. # 3, SALARPURIA WINDSOR, ULSOOR ROAD, BANGALORE-560042, BY ITS DGM (BUSINESS DEVELOPMENT) MR.ASHWIN SANCHETI.
... PETITIONER (BY SRI G. S. VENKAT SUBBARAO, ADV.) AND:
1. THE URBAN DEVELOPMENT DEPARTMENT, GOVERNMENT OF KARNATAKA, BY ITS SECRETARY, VIKASA SOUDHA, BANGALORE-560001.
2. THE COMMISSIONER BRUHAT BANGALORE
MAHANAGARA PALIKE, N.R.SQUARE, BANGALORE-560002.
3. THE JOINT DIRECTOR TOWN PLANNING, BANGALORE NORTH, BRUHAT BANGALORE
MAHANAGARA PALIKE, N.R.SQUARE, BANGALORE-560002.
... RESPONDENTS (BY SMT. MANJULA R KAMADOLLI, HCGP. FOR R1 SRI D N NANJUNDA REDDY, SR. COUNSEL FOR SRI K N PUTTEGOWDA, ADV. FOR R2 & 3)
128
THESE PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE CIRCULAR DATED 28.9.2012 VIDE ANNEXURE-A AND ETC.
W.P.Nos. 10267/2013
BETWEEN:
SRI. V PRAHALDA RAO AGED ABOUT 76 YEARS ADOPTED S/O. SHANBOUGE LINGAPPA R/AT NO.43/43, PADMAGIRI ESTATES SORAHUNASE ROAD VARTHURU BANGALORE 560087. ... PETITIONER
(BY SRI. T. NAGARAJA, ADV.) AND:
1. THE URBAN DEVELOPMENT DEPARTMENT BY ITS SECRETARY VIDHANA SOUDHA BANGALORE 560 001.
2. THE COMMISSIONER BRUHAT BANGALORE MAHANAGARA PALIKE N. R. CIRCLE, BANGALORE 560 002. 3. THE JOINT/DEPUTY COMMISSIONER BBMP, MAHADEVAPURA DIVISION MAHADEVAPURA BANGALORE 560 048. ... RESPONDENTS
(BY SMT. MANJULA R KAMADOLLI, HCGP. FOR R1 SRI B V MURALIDHAR, ADV. FOR R2 & 3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE CIRCULAR DATED 28.9.2012 PASSED BY THE 2ND RESPONDENT VIDE ANN-E AND THE IMPUGNED OFFICE MEMORANDUM DATED 20.2.2013 ISSUED BY THIRD RESPONDENT, THE JOINT / DEPUTY COMMISSIONER, BBMP, MAHADEVPURA DIVISION BEST, BANGALORE-48 i.e. IMPROVEMENT CHARGES ARE CONCERNED VIDE ANNEXURE-A AND ETC.
129
W.P.No.10272/2013 BETWEEN: SRI CHIKKAHANUMAIAH S/O LENKAPPA, AGED ABOUT 43 YEARS, R/AT THIRUMENAHALLY VILLAGE, YALAHANKA HOBLI, BANGALORE SOUTH TALUK, BANGALORE-560064. ... PETITIONER (BY SRI S RAJU, ADV.) AND: 1. THE URBAN DEVELOPMENT DEPARTMENT
BY ITS SECRETARY, VIDHANA SOUDHA, BANGALORE-560001.
2. THE COMMISSIONER
BRUHAT BANGALORE MAHANAGARA PALIKE, N.R.CIRCLE, BANGALORE-560002.
3. THE ASSISTANT REVENUE OFFICER,
BYTARAYANAPURA SUB DN, YALAHANKA DN, BBMP, BANGALORE-560045. ... RESPONDENTS
(BY SMT. MANJULA R KAMADOLLI, HCGP. FOR R1 SRI R SUBRAMANYA, ADV. FOR R2 & 3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE CIRCULAR DT.28.9.2012 PASSSED BY R-2 VIDE ANNX-E & THE IMPUGNED ENDORSEMENT DT.27.11.2012 ISSUED BY R-3 THE ASST. REVENUE OFFICER BYATARANAPURA SUB. DN. YELAHANKA DIVISION, BBMP, BANGALORE NORTH TQ., BANGALORE-45, I.E. THE RECEIPT OF IMPROVEMENT CHARGES ARE HAVING BEEN PAID IS CONCERNED VIDE ANNX-A AND ETC. W.P.No.10265/2013 BETWEEN: SRI M JAYACHANDRA S/O B MUNIVENKATAPPA, AGED ABOUT 58 YEARS,
130
R/AT WHITE FIELD VILLAGE, K R PURAM HOBLI, BANGALORE EAST TALUK, BANGALORE- 560 093 ... PETITIONER (BY SRI T NAGARAJA, ADV.) AND : 1.THE URBAN DEVELOPMENT DEPARTMENT BY ITS SECRETARY, VIDHANA SOUDHA, BANGALORE- 560 001 2.THE COMMISSIONER BRUHAT BANGALORE MAHANAGARA PALIKE, N R CIRCLE, BANGALORE- 560 002 3.THE ASSISTANT/DEPUTY DIRECTOR TOWN PLANNING, BBMP, MAHADEVPURA DIVISION, MAHADEVPURA, BANGALORE- 48 ... RESPONDENTS (BY SMT. MANJULA R KAMADOLLI, HCGP. FOR R1 SRI B V MURALIDHAR, ADV. FOR R2 & 3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE CIRCULAR DATED 28.9.2012 PASSED BY THE 2ND RESPONDENT VIDE ANNEXURE-D AND THE IMPUGNED AN ENDORSEMENT DATED 29.1.2013 ISSUED BY THIRD RESPONDENT, THE ASSISTANT / DEPUTY DIRECTOR, TOWN PLANNING BBMP, MAHADEVPURA DIVISION BEST, BANGALORE-48 i.e. IMPROVEMENT CHARGES ARE CONCERNED VIDE ANNEXURE-E AND ETC. W.P.Nos.9380-82/2013 BETWEEN:
1. SRI K SUNIL KUMAR S/O SRI K MALLINATH AGED ABOUT 33 YEARS NO.227, 12TH MAIN, 6TH CROSS 5TH SECTOR, HSR LAYOUT BENGALURU-560102
2. SMT GUNDAMMA
W/O LATE SRI CHANDRAPPA MARUTHI
131
AGED ABOUT 80 YEARS NO.120, 5TH CROSS, NGEF LAYOUT SANJAYNAGAR BANGALORE-560094
3. SMT RUKMINI MANTHALE
W/O LATE SRI MARUTHI MANTHALE AGED ABOUT 65 YERS NO.8 (10/3), 4TH CROSS, BASAVESHWARA LAYOUT NAGASHETTY HALLI, RMV 2ND STAGE, BANGALORE-560094 ... PETITIONERS
(BY SRI.S H RAGHAVENDRA & SRI B SUDHAKAR. ADVS.) AND:
1. THE URBAN DEVELOPMENT DEPARTMENT GOVERNMENT OF KARNATAKA BY ITS SECETARY, VIDHANA SOUDHA BANGALORE-01
2. THE COMMISSIONER
BRUHAT BANGALORE MAHANAGARA PALIKE N R SQUARE, BANGALORE-560002
3. THE ASST REVENUE OFFICER
BBMP, BEGUR SUB DIVISION BANGALORE-32 ... RESPONDENTS
(BY SMT. MANJULA R KAMADOLLI, HCGP. FOR R1 SRI D N NANJUNDA REDDY, SR. COUNSEL FOR SRI K N PUTTEGOWDA, ADV. FOR R2 & 3)
THESE PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE CIRCULAR DATED 28.9.12 VIDE ANNX-A AND QUASH THE ENDORSEMENT/DEMAND NOTICES DATED 24.1.13 ISSUED BY R3 VIDE ANNX-B,C, AND D.
W.P.Nos.9687-89/2013 BETWEEN:
1. SRI P A MANJUNATH AGED ABOUT 53 YEARS, S/O SRI S. APPAIAH,
132
2. SMT. R. VANAJAKSHI AGED ABOUT 48 YEARS, W/O MR. P.A. MANJUNATH,
3. SRI PM. SURENDRA
AGED ABOUT 22 YEARS, S/O MR. P.A. MANJUNATH, ALL ARE R/T PANATHURU VILALGE, VARTHUR HOBLI, BANGALORE SOUTH TALUK, BANGALORE – 560 103 REP. BY THEIR POWER OF ATTONERY HOLDER M/S. ISHA INFRA PROJECTS HAVING OFFICE AT NO.99/5, PANATHUR VILLAGE, VARTHUR HOBLI, BANGALORE EAST TALUK BANGALORE- 560103 REP. BY MANAGING PARTNER MR. B. BALAKRISHNA REDDY S/O SRI RAGHUNATH REDDY, AGED ABOUT 43 YEARS ... PETITIONERS
(BY SRI S V MANJUANTHA, ADV. FOR M/S. NISARGA LAW ASSOCIATES) AND:
1. THE CHIEF SECRETARY STATE OF KARNATAKA, VIDHANA SOUDHA, AMBEDKAR VEEDI, BANGALORE-560 001
2. THE COMMISSIONER
BRUHATH BANGALORE MAHANAGARA PALIKE, J.C. ROAD, N.R SQUARE, BANGALORE SOUTH, BANGALORE-560 002
3. THE ASSISTANT DIRECTOR TOWN PLANNING MAHADEVAPURA (DIVSN) BRUHATH BANGALORE MAHANAGARA PALIKE, BANGALORE-48 ... RESPONDENTS
(BY SMT. MANJULA R KAMADOLLI, HCGP. FOR R1 SRI D N NANJUNDA REDDY, SR. COUNSEL FOR SRI K N PUTTEGOWDA, ADV. FOR R2 & 3)
133
THESE PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED CIRCULAR UNDER ANN-F, DT.28.9.12, PASSED BY THE R2, IMPOSING IMPROVEMENT CHARGES OF RS.550/- PER SQUARE METER & ITS CONSEQUENTIAL IMPUGNED NOTICE UNDER ANN-A, DT.20.2.13, PASSED BY THE R3 AND ETC.
W.P.NO.46968/2012 BETWEEN: M/S SHYAMARAJU & COMPANY (INDIA) PVT., LTD., DIVYASREE CHAMBERS, ‘A’ WING NO.11, O SHAUGNESSY ROAD BANGALORE-560025 REP. BY MR R RANGABAASHYAM ... PETITIONER (BY SRI.N BAYYA REDDY & MS. RADHA JAYANTHI, ADVS.) AND:
1. STATE OF KARNATAKA REP. BY ITS SECRETARY DEPARTMENT OF URBAN DEVELOPMENT VIDHANA SOUDHA, M S BUILDING BANGALORE-560001
2. THE COMMISSIONER
BRUHATH BANGLORE MAHANAGARA PALIKE NARASIMHARAJA SQUARE BANGALORE-560002
3. THE REVENUE OFFICER BRUHATH BANGLORE MAHANAGARA PALIKE MAHADEVAPURA RANGE MAHADEVAPURA, BANGALORE
4. JOINT DIRECTOR TOWN PLANNING, BANGALORE SOUTH BRUHATH BANGALORE MAHANAGARA PALIKE, N R SQUARE BANGALORE-560002 ... RESPONDENTS
(BY SMT. MANJULA R KAMADOLLI, HCGP. FOR R1 SRI M R SHAILENDRA, ADV. FOR R2 TO R4)
134
THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF
THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE CIRCULAR ISSUED BY THE R2 BBMP ISSUED BY THE R2 DT.28.9.12, VIDE ANN-D AS ULTRA VIRES, UNCONSTITUTIONAL AND QUASH THE DEMAND OF THE R4 DT.20.10.12, VIDE ANN-E IN SO FAR AS IT DIRECT THE PAYMENT OF IMPROVEMENT EXPENSES CALCULATED ON THE BASIS OF THE CONTENTS OF ANN-D AS ULTRA-VIRES, UNCONSTITUTIONAL.
W.P.NO.46489/2012 BETWEEN: DIVYASREE INFRASTRUCTURE PROJECTS PVT LTD., ‘DIVYASREE CHAMBERS’, ‘A’ WING NO.11, O’ SHAUGNESSY ROAD BANGALORE-560 025 REP. BYN MR. R RANGABAASHYAM ... PETITIONER (BY SRI.N BAYYA REDDY & MS. RADHA JAYANTHI, ADVS.) AND:
1. STATE OF KARNATAKA REP. BY ITS SECRETARY DEPARTMENT OF URBAN DEVELOPMENT VIDHANASOUDHA, M.S. BUILDING BANGALORE-560001
2. THE COMMISIONER
BRUHATH BANGALORE MAHANAGARA PALIKE NARASIMHARAJA SQUARE BANGALORE-560002
3. THE REVENUE OFFICER BRUHATH BANGALORE MAHANAGARA PALIKE MAHADEVAPURA RANGE MAHADEVAPURA BANGALORE-45
4. JOINT DIRECTOR TOWN PLANING, BANGALORE SOUTH BRUHATH BANGALORE MAHANAGARA PALIKE
135
N.R. SQUARE, BANGALORE-560002 ... RESPONDENTS
(BY SMT. MANJULA R KAMADOLLI, HCGP. FOR R1 SRI K V NARASIMHAN, ADV. FOR R2-4)
THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DECLARE THE CIRCULAR ISSUED BY THE R2 BBMP ISSUED BY THE R2 DT.28.9.12, VIDE ANN-E AS ULTRA VIRES, UNCONSTITUTIONAL & QUASH IT AND ETC.
W.P.NO.47348/2012 BETWEEN: M/S S N N BUILDERS PRIVATE LIMITED NO. 3761, 29TH MAIN, B.T.M. 2ND STAGE, BANGALORE REP. BY ITS DIRECTOR MR. SHAH SANJAY ... PETITIONER
(BY SRI. S F GOUTAM CHAND, ADV. FOR M/S. GOUTAM ASSOCIATES) AND:
1. STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY, URBAN DEVELOPMENT DEPARTMENT, VIDHANA SOUDHA, BANGALORE-01
2. THE COMMISSIONER BRUHAT BANGALORE MAHANAGARA PALIKE, N.R. SQUARE, BANGALORE-01
3. THE JOINT DIRECTOR (TOWN PLANNING) BANGALORE SOUTH, BRUHAT BANGALORE MAHANAGARA PALIKE, N.R. SQUARE, BANGALORE-02 ... RESPONDENTS
(BY SMT. MANJULA R KAMADOLLI, HCGP. FOR R1 SRI M R SHAILENDRA, ADV. FOR R2 TO R3)
THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE
136
CIRCULAR DATED 28.9.12 VIDE ANNX-A AND QUASH THE ENDORSEMENT DATED 13.11.12 ISSUED BY R3 VIDE ANNX-B AND ETC. W.P.Nos.47232/2012 & 47431/2012 BETWEEN: SRI. K PARAMAESHWARAPPA S/O A B KALLAPPA AGED ABOUT 52 YEARS R/A SHIVALAYA, 2ND CROSS MANJUANTHA EXTENSION DEVASANDRA K R PURAM POST BANGALORE-560036 ... PETITIONER
(BY SRI. T NAGARAJA, ADV.) AND:
1. THE URBAN DEVELOPMENT DEPARTMENT BY ITS SECRETARY, VIDHANA SOUDHA BANGALORE-560001
2. THE COMMISSIONER
BRUHAT BANGALORE MAHANAGARA PALIKE N R CIRCLE, BANGALORE-560002
3. THE JOINT/DEPUTY COMMISSIONER BBMP, MAHADEVPURA DIVISION MAHADEVPURA BANGALORE-560048 ... RESPONDENTS
(BY SMT. MANJULA R KAMADOLLI, HCGP. FOR R1 SRI B V MURALIDHAR, ADV. FOR R2 & 3)
THESE PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE CIRCULAR DT.28.9.12, PASSED BY THE R2 PRODUCED AT ANN-E & THE IMPUGNED NOTICE DT.5.10.12, ISSUED BY THE R3 THE JOINT/DEPUTY COMMISSIONER, BBMP, MAHADEPURA DIVISION BEST, BANGALOR-48, i,e., IMPROVEMENT CHARGES AE CONCERNED, PRODUCED AT ANN-A AND ETC.
137
W.P.Nos.47234-238/2012 BETWEEN:
1. SMT. MUNICHALLAMMA W/O LATE S. KRISHNAPPA, AGED ABOUT 67 YEARS, R/AT VARTHURU VILLAGE & HOBLI, BANGALORE EAST TALUK, BANGALORE.
2. SRI K.AMBARISH,
S/O. J. KRISHNAPPA, AGED ABOUT 42 YEARS,
3. SRI K.MANJUNATH,
S/O. J.KRISHNAPPA, AGED ABOUT 41 YEARS,
4. SRI K.NAGARAJU,
S/O J.KRISHNAPPA, AGED ABOUT 33 YEARS,
5. SRI N.LOKESH, S/O NARAYANAPPA, AGED ABOUT 31 YEARS, PETITIONER NO. 2 TO 5 ARE RESIDING AT NO.198, DHARMARAYA TEMPLE MAIN ROAD, VIA WHITE FIELD ROAD, RAMAGONDANAHALLY VILLAGE, BANGALORE-560066 ... PETITIONERS
(BY SRI T NAGARAJA, ADV.) AND:
1. THE URBAN DEVELOPMENT DEPARTMENT BY ITS SECRETARY, VIDHANA SOUDHA, BANGALORE-560001
2. THE COMMISSIONER
BRUHAT BANGALORE MAHANAGARA PALIKE, N.R.CIRCLE, BANGALORE-560002
3. THE JOINT/DEPUTY COMMISSIONER BBMP, MAHADEVAPURA DIVISION,
138
MAHADEVPURA, BANGALORE-560048 ... RESPONDENTS
(BY SMT. MANJULA R KAMADOLLI, HCGP. FOR R1 SRI B V MURALIDHAR, ADV. FOR R2 & 3)
THESE PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE CIRCULAR DATED 28.9.12 PASSED BY R2 VIDE ANNX-E AND THE IMPUGNED NOTICE DATED 4.10.12 ISSUED BY R3 THE JOINT/DEPUTY COMMISSIONER, BBMP, MAHADEVPURA DIVISION BEST, BANGALORE IE., IMPROVEMENT CHARGES ARE CONCERNED VIDE ANNX-A AND ETC.
W.P. NO.47239/2012 BETWEEN: SRI. J KRISHNAPPA S/O JAMBAIAH AGED ABOUT 68 YEARS R/A RAMAGONDANAHALLY VILLAGE VARTHURU HOBLI BANGALORE SOUTH TALUK BANGALORE …PETITIONER
(BY SRI. T NAGARAJA, ADV.) AND:
1. THE URBAN DEVELOPMENT DEPARTMENT BY ITS SECRETARY, VIDHANA SOUDHA BANGALORE-560001
2. THE COMMISSIONER
BRUHAT BANGALORE MAHANAGARA PALIKE N R CIRCLE, BANGALORE-560002
3. THE JOINT/DEPUTY COMMISSIONER BBMP, MAHADEVPURA DIVISION MAHADEVPURA BANGALORE-560048 … RESPONDENTS
(BY SMT. MANJULA R KAMADOLLI, HCGP. FOR R1 SRI B V MURALIDHAR, ADV. FOR R2 & 3)
THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF
THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE
139
CIRCULAR DATED 28.9.12 PASSED BY R2 VIDE ANNX-E AND THE IMPUGNED NOTICE DATED 4.10.12 ISSUED BY R3 THE JOINT/DEPUTY COMMISSIONER, BBMP, MAHADEVPURA DIVISION BEST, BANGALORE IE., IMPROVEMENT CHARGES ARE CONCERNED VIDE ANNX-A AND ETC.
W.P.NO.47401/2012 BETWEEN: SRI ANANTHA AGED ABOUT 55 YEARS, S/O J. DODDATHIPPANNA, R/AT VARTHURU VILLAGE AND HOBLI, BANGALORE SOUTH TALUK, BANGALORE ... PETITIONER (BY SRI.T NAGARAJA, ADV.) AND:
1. THE URBAN DEVELOPMENT DEPARTMENT BY ITS SECRETARY, VIDHANA SOUDHA, BANGALORE-01
2. THE COMMISSIONER BRUHAT BANGALORE MAHANAGARA PALIKE, N.R. CIRCLE, BANGALORE-02
3. THE JOINT/DEPUTY COMMISSIONER BBMP, MAHADEVAPURA DIVISION, MAHADEVPURA, BANGALORE-48 ... RESPONDENTS
(BY SMT. MANJULA R KAMADOLLI, HCGP. FOR R1 SRI B V MURALIDHAR, ADV. FOR R2 & 3)
THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE CIRCULAR DT.28.9.12, PASSED BY THE R2 PRODUCED AT ANN-E & THE IMPUGNED NOTICE DT.4.10.12, ISSUED BY THE R3, THE JOINT/ DEPUTY COMMISSIONER, BBMP, MAHADEVAPURA DIVISION BEST, BANGALORE-48 i.e., IMPROVEMENT CHARGES ARE CONCERNED, PRODUCED AT ANN-A AND ETC.
140
W.P.NO.10732/2013 BETWEEN: M/S GOLDEN GATE PROPERTIES LTD., NO. 820, 80 FEET ROAD, 8TH BLOCK KORAMANGALA BANGALORE 560095 REP. BY ITS DIRECTOR SRI C D SANJAY RAJ ... PETITIONER (BY SRI SHIVAPRABHU S HIREMATH, ADV.) AND:
1. THE STATE OF KARNATAKA BY ITS PRINCIPLE SCRETARY URBAN DEVELOPMENT DEPARTMNT VIKASA SOUDHA BANGALORE- 560 001
2. BRUHAT BANGALORE
MAHANAGARA PALIKE BY ITS COMMISSIONER, N R SQUARE, BANGALORE 560 002
3. THE JOINT DIRECTOR (TOWN PLANNING) BANGALORE SOUTH BRUHAT BANGALORE MAHANAGARA PALIKE N R SQUARE, BANGALORE- 560 020 ... RESPONDENTS
(BY SMT. MANJULA R KAMADOLLI, HCGP. FOR R1 SRI B V MURALIDHAR, ADV. FOR R2 & 3)
THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE CIR.DT.28.9.12, ISSUED BY THE R2 VIDE ANN-A AND ETC.
W.P.NO.10574/2013 BETWEEN GAUTAM U NAMBISAN AGED ABOUT 37 YEARS, S/O LATE UNNIKRISHNAN NAMBISAN, RESIDING AT # S-2, BELVISTA APARTMENT,
141
# 206, 3RD MAIN ROAD, DEFENCE COLONY, HAL 2ND STAGE, BANGALORE -38 ... PETITIONER
(BY SRI. D B SATISH, ADV.) AND:
1. THE URBAN DEVELOPMENT DEPARTMENT BY ITS SECRETARY, VIDHANA SOUDHA, BANGALORE-560 001
2. THE COMMISSIONER BRUHATH BANGALORE MAHANAGARA PALIKE, N.R. SQUARE, BANGALORE-02
3. THE ASSISTANT REVENUE OFFICER BRUHATH BANGALORE MAHANAGARA PALIKE WHITEFIELD SUB-DIVISION, BANGALORE ... RESPONDENTS
(BY SMT. MANJULA R KAMADOLLI, HCGP. FOR R1 SRI B V MURALIDHAR, ADV. FOR R2 & 3)
THIS PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED NOTIFICATION DT.3.2.10, PASSED BY THE R1, VIDE ANN-F, & ITS CONSQUENTIAL IMPUGNED CIRCULAR DT.7.11.2007 PASSED BY THE R2, UNDER ANN-D, & AN IMPUGNED CIRCULAR DT.7.2.11, PASSED BY THE R2, ANN-G & THE IMPUGNED ENDORSEMENT UNDER ANN-C, DT.17.1.13, ISSUED BY THE R3, ASSISTANT REVENUE OFFICER SEEKING IMPOSITIOIN OF IMPROVEMENT CHARGES AND ETC. W.P.NO.1338/2013 BETWEEN: SMT. SHANTHAMMA W/O Y RAJENDRA REDDY, AGED ABOUT 56 YEARS, R/AT NO.332, BOREWELL ROAD, WHITEFIELD, BANGALORE-560066 RPTD. BY HER GPA HOLDER, SRI.MADHUSUDHANA REDDY,
142
S/O K.SAMBI REDDY, AGED ABOUT 42 YEARS, A PARTNER OF M/S ADITHY CONSTRUCTIONS, NO.56, 8TH MAIN ROAD, MAHALAKSHMI NILAYAM, GM PLYA, NEW THIPPASANDRA POST, BANGALORE-75 ... PETITIONER (BY SRI. T NAGARAJA, ADV.) AND:
1. THE URBAN DEVELOPMENT DEPARTMENT BY ITS SECRETARY, VIDHANA SOUDHA, BANGALORE 560001
2. THE COMMISSIONER
BRUHAT BANGALORE MAHANAGARA PALIKE, N.R.CIRCLE, BANGALORE-560002
3. THE ASSISTANT/ ADDITIONAL DIRECTOR
OF TOWN PLANNING, BBMP, MAHADEVPURA DN., BANGALORE-560048 ... RESPONDENTS
(BY SMT. MANJULA R KAMADOLLI, HCGP. FOR R1 SRI D N NANJUNDA REDDY, SR. COUNSEL FOR SRI K N PUTTEGOWDA, ADV. FOR R2 & 3)
THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE CIRCULAR DATED 28.9.2012 PASSED BY THE 2ND RESPONDENT VIDE ANNEXURE-E AND THE IMPUGNED ENDORSEMENT DATED 4.1.2013 ISSUED BY THE R3, THE ASSISTANT / ADDITIONAL DIRECTOR, TOWN PLANNING, BBMP, MAHADEVPURA DIVISION BEST, BANGALORE-48, i.e, IMPROVEMENT CHARGES ARE CONCERNED, PRODUCED AT ANN-A AND ETC.
W.P.NO.45878/2012 BETWEEN: SRI PRINCE JOSE G PHILIPS AGED ABOUT 48 YEARS, S/O T P PHILIPS
143
R/AT NO. 295, M.G.NAGAR, MUNNEKOLALU, MARATHALLI, BANGALORE- 560 037 ... PETITIONER (BY SRI MUNISWAMYGOWDA S G, ADV.) AND:
1. THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY URBAN DEVELOPMENT DEPARTMENT, VIDHANA SOUDHA, BANGALORE- 560 001
2. THE COMMISSIONER
BRUHAT BANGALORE MAHANAGARA PALIKE, HUDSON CIRCLE, CORPORATION OFFICES, BANGALORE-01
3. THE ASSISTANT COMMISSIONER
BRUHAT BANGALORE MAHANAGARA PALIKE, MAHADEVAPURA DIVISION, BANGALORE-01
4. THE ASSISTANT REVENUE OFFICER
BRUHAT BANGALORE MAHANAGARA PALIKE, WHITE FIELD SUB-DIVISION, MAHADEVAPURA DIVISION, BANGALORE-01 ... RESPONDENTS
(BY SMT. MANJULA R KAMADOLLI, HCGP. FOR R1 SRI M R SHAILENDRA, ADV. FOR R2–4)
THIS PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ENDORSEMENT DATED 31.10.12 ISSUED BY R4 VIDE ANNX-A; QUASH THE CIRCULAR DATED 28.9.12 ISSUED BY THE R2 VIDE ANNX-F AND DIRECT THE R2,3 & 4 TO REGISTER THE NAME OF THE PETITIONER IN THE KHATHA REGISTER WITHOUT INSISTING ON PAYMENT OF IMPROVEMENT EXPENSES AS DEMANDED BY THE R4.
144
W.P.Nos.49565-566/2012 BETWEEN:
1. SRI T C SEENAPPA S/O LATE CHANNAPPA, AGED ABOUT 54 YEARS, RESIDING AT NO.278, BEML LAYOUT, 8TH MAIN, 60 FEET ROAD, THUBARANAHALLI VILLAGE, RAMAGONDANAHALLI POST, BANGALORE-560066.
2. SRI T C VENKATESH
S/O LATE CHANNAPPA, AGED ABOUT 49 YEARS, R/AT NO.1245, AECS LAYOUT, D BLOCK, 5TH CROSS, KUNDALAHALLI POST, BANGALORE-560037 ... PETITIONERS
(BY SRI C T PARAMESHWARAPPA, ADV. FOR M/S. NISARGA LAW ASSOCIATES) AND:
1. THE COMMISSIONER BRUHATH BANGALORE MAHANAGARA PALIKE, J.C.ROAD, N.R.SQUARE, BANGALORE SOUTH, BANGALORE-02.
2. THE ASSISTANT DIRECTOR
TOWN PLANNING, MAHADEVAPURA (DIVISION BRUHATH BANGALROE MAHANAGARA PALIKE, BANGALORE-560048 ... RESPONDENTS
(BY SRI B V MURALIDHAR ADV. FOR R1 & 2)
THESE PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED CIRCULAR UNDER ANNX-F DATED 28.9.12 PASSED BY THE R1 IMPOSING IMPROVEMENT CHARGES OF RS. 550/- PER SQUARE METER AND ITS CONSEQUENTIONAL IMPUGNED NOTICE UNDER ANNX-A DATED 17.11.12 PASSED BY R2 AND ETC.
145
W.P.NO.1144/2013 BETWEEN: SRI J KRISHNA CHAITANYA VARMA S/O SRI. J.V. RANGARAJU AGED ABOUT 28 YEARS NO.HIG-11, YELAHANKA NEW TOWN, BANGALORE-64 ... PETITIONER (BY SRI.RAGHUNATH C M, ADV. ) AND:
1. STATE OF KARNATAKA DEPT. OF HOUSING & URBAN DEVELOPMENT, M.S. BUILDING, BANGALORE-01 BY ITS SECRETARY
2. THE COMMISSIONER
BRUHAT BANGALORE MAHANAGARA PALIKE, BANGALORE-02
3. THE JOINT COMMISSIONER
YELAHANKA, ZONE, BYATARAYANAPURA, BBMP, BANGALORE-94
4. THE ASST. REVENUE OFFICER YELAHANKA, SUB-ZONE, BBMP, BANGALORE-94 ... RESPONDENTS
(BY SMT. MANJULA R KAMADOLLI, HCGP. FOR R1 SRI G M CHANDRASHEKAR, ADV. FOR R2–4)
THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE CIRCULAR DATED 28.9.12 VIDE ANNX-A ISSUED BY R2 & QUASH THE DEMAND NOTICE DATED 18.10.12 ISSUED BY THE R4 VIDE ANNX-B. W.P.NO.1145/2013 BETWEEN: M/S SRIDEVI PROPERTIES PARTNER M/S SRIDEVI PROPERTIES, NO.HIG-11, YELAHANKA NEW TOWN, BANGALORE-560 064
146
REP. BY ITS PARTNER SRI.J. KRISHNA CHAITANYA VARMA S/O SRI.J.V. RANGARAJU AGED ABOUT 28 YEARS ... PETITIONER (BY SRI. RAGHUNATH C M, ADV. ) AND:
1. STATE OF KARNATAKA DEPT. OF HOUSING & URBAN DEVELOPMENT, M.S. BUILDING, BANGALORE – 560 001 BY ITS SECRETARY
2. THE COMMISSIONER
BRUHAT BANGALORE MAHANAGARA PALIKE, BANGALORE – 560 002
3. THE JOINT COMMISSIONER
YELAHANKA, ZONE, BYATARAYANAPURA BBMP, BANGALORE-94
4. THE ASST. REVENUE OFFICER
YELAHANKA, SUB-ZONE, BBMP, BANGALORE-94 ... RESPONDENTS
(BY SMT. MANJULA R KAMADOLLI, HCGP FOR R-1 SRI.G.M.CHANDRASHEKAR, ADV. FOR R2-R4)
THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE CIRCULAR DATED 28.9.2012 VIDE ANNEXURE-A ISSUED BY THE SECOND RESPONDENT AND QUASH THE DEMAND NOTICE DATED 17.10.2012 ISSUED BY THE 4TH RESPONDENT VIDE ANNEXURE-B. W.P.NO.1485/2013 BETWEEN: SOBHA HIGHRISE VENTURES PVT. LTD. HAVING ITS REGISTERED AND CORPORATE OFFICE AT E-106, SUNRISE CHAMBERS 22, ULSOOR ROAD
147
BANGALORE-560042 REP. BY ITS AUTHORISED SIGNATORY MRS. V PADMAVATHI ... PETITIONER
(BY M/S. ANUP S SHAH LAW FIRM, ADVS.) AND:
1. THE URBAN DEVELOPMENT DEPARTMENT GOVERNMENT OF KARNATAKA BY ITS SECRETARY VIDHANA SOUDHA BANGALORE - 01
2. BRUHAT BANGALORE
MAHANAGARA PALIKE HAVING ITS OFFICE AT N R SQUARE BANGALORE-560002 REP. BY ITS COMMISSIONER
3. THE DEPUTY COMMISSIONER (REVENUE) BRUHAT BANGALORE MAHANAGARA PALIKE N R SQUARE BANGALORE-560002
4. THE DEPUTY COMMISSIONER
BRUHAT BANGALORE MAHANAGARA PALIKE MAHADEVAPURA ZONE BANGALORE-560048 … RESPONDENTS
(BY SMT. MANJULA R KAMADOLLI, HCGP FOR R-1 SRI.G.M.CHANDRASHEKAR, ADV. FOR R2-R4)
THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE CIRCULAR DATED 28.9.12 VIDE ANNX-B ISSUED BY THE R2; QUASH THE DEMAND NOTICE DATED 22.12.12 ISSUED BY THE R4 THE DY COMMISSIONER, BMP, MAHADEVAPURA ZONE, BANGALORE AT ANNX-A AND ETC. W.P.Nos.10920-921/2013 BETWEEN:
1. P H MUNIYAPPA S/O DODDA HULIYAPPA, AGED ABOUT 74 YEARS,
148
2. P H SIDDAPPA S/O DODDA HULIYAPPA, AGED ABOUT 74 YEARS, BOTH ARE R/O GUNJURU PALYA, VARTHUR HOBALI, EAST TALUK, BANGALORE- 560 087 ... PETITIONERS
(BY SRI. M R HIREMATHAD & SRI. UDAYAKUMAR P, ADVS.) AND:
1. THE URBAN DEVELOPMENT DEPARTMENT GOVERNMENT OF KARNATAKA, BY ITS SECRETARY, VIDHANA SOUDHA, BANGALORE-01
2. THE COMMISSIONER
BRUHAT BANGALORE MAHANAGARA PALIKE, BANGALORE-560 002
3. THE JOINT DIRECTOR TOWN PLANNING
BANGALORE-EAST, BRUHAT BANGALORE MAHANAGARA PALIKE, BANGALORE-560 002 ... RESPONDENTS
(BY SMT. MANJULA R KAMADOLLI, HCGP FOR R1 SRI.M.N.RAMANJANAYA GOWDA, ADV. FOR R2 & 3)
THESE PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE CIRCULAR DATED 28.9.12 VIDE ANNX-A AND QUASH THE DEMAND NOTICE DATED 26.2.13 ISSUED BY R3 VIDE ANNX-B AND ETC. W.P.Nos.4414/2013 & 5824/2013 BETWEEN: SOBHA DEVELOPERS LTD., HAVING ITS REGISTERED AND CORPORATE OFFICE AT SARJAPUR MARTHAHALLI OUTER RING ROAD (ORR), DEVARABISANAHALLI, BELLANDUR POST,
149
BANGALORE-560103 REP. BY ITS AUTHORISED SIGNATORY MRS. V PADMAVATHI ... PETITIONER
(BY SRI SURAJ GOVINDRAJ, ADV. FOR M/S. ANUP S SHAH LAW FIRM) AND:
1. THE URBAN DEVELOPMENT DEPARTMENT GOVERNMENT OF KARNATAKA BY ITS SECRETARY VIDHANA SOUDHA BANGALORE-01
2. BHRUHAT BANGALORE
MAHANAGARA PALIKE HAVING ITS OFFICE AT N R SQUARE, BANGALORE-560002 REP. BY ITS COMMISSIONER
3. JOINT DIRECTOR TOWN PLANNING (NORTH) BRUHAT BANGALORE MAHANAGARA PALIKE OFFICE OF THE ADDITIONAL DIRECTOR (TOWN PLANNING) N R SQUARE BANGALORE-560002 ... RESPONDENTS
(BY SMT. MANJULA R KAMADOLLI, HCGP FOR R1 SRI B V MURALIDHAR, ADV. FOR R2 & 3)
THESE PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE CIRCULAR DATED 28.9.2012 IDE ANNEXURE-B ISSUED BY THE 2ND RESPONDENT; QUASH THE DEMAND NOTICE DATED 18.1.2013 ISSUED BY THE 3RD RESPONDENT BEING JOINT DIRECTOR, TOWN PLANNING [NORTH] BRUHAT BANGALORE MAHANAGARA PALIKE, VIDE ANNEXUER-A AND ETC.
W.P.NO.10266/2013 BETWEEN: SRI ATHEEQ SULAIMAN AGED ABOUT 26 YEARS S/O SULAIMAN HASHEEM
150
R/AT NO. 40/1, LAVELLE ROAD BANGALORE -560036 ... PETITIONER
(BY SRI.T NAGARAJA, ADV.) AND:
1. THE URBAN DEVELOPMENT DEPARTMENT BY ITS SECRETARY VIDHANA SOUDHA BANGALORE- 560 001
2. THE COMMISSIONER
BRUHAT BANGALORE MAHANAGARA PALIKE N R CIRCLE, BANGALORE-02
3. THE JOINT / DEPUTY COMMISSIONER
BBMP, MAHADEVPURA DIVISION MAHADEVAPURA BANGALORE 560048 ... RESPONDENTS
(BY SMT. MANJULA R KAMADOLLI, HCGP FOR R1 SRI D N NANJUNDA REDDY, SR. COUNSEL FOR SRI K N PUTTEGOWDA, ADV. FOR R2 & 3)
THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE CIRCULAR DATED 28.9.2012 PASSED BY THE 2ND RESPONDENT VIDE ANN-E AND THE IMPUGNED OFFICE MEMORANDUM DATED 22.2.2013 ISSUED BY R3, THE JOINT / DEPUTY COMMISSIONER, BBMP, MAHADEVPURA DIVISION BEST, BANGALORE-48 i.e. IMPROVEMENT CHARGES ARE CONCERNED VIDE ANN-A AND ETC.
W.P.Nos.10273-274/2013 BETWEEN:
1. SRI H T NARAYANA REDDY AGED ABOUT 69 YEARS, S/O LATE DODDA THAYAPPA REDDY, R./AT NO.231, HOODI VILLAGE, MAHADEVAPURA POST, BANGALORE-560 048.
2. SMT.M.RATHNA
W/O H.T.NARAYANA REDDY,
151
AGED ABOUT 60 YEARS, R/AT NO.231, HOODI VILLAGE,
MAHADEVAPURA POST, BANGALORE-560 048. ... PETITIONERS
(BY SRI. SHANMUKHAPPA, ADV. FOR M/S. KESVY & CO) AND:
1. THE URBAN DEVELOPMENT DEPARTMENT REP. BY ITS SECRETARY, VIDHANA SOUDHA, BANGALORE-560001.
2. THE COMMISSIONER
BRUHAT BANGALORE MAHANAGAR PALIKE, N.R.CIRCLE, BANGALORE-02.
3. THE JOINT/DEPUTY COMMISSIONER BBMP, MAHADEVAPURA DIVISION, BANGALORE-560 0048. ... RESPONDENTS
(BY SMT. MANJULA R KAMADOLLI, HCGP FOR R1 SRI G M CHANDRASHEKAR, ADV. FOR R2 & 3)
THESE PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DT.3.10.12, & DT.8.10.12, ISSUED BY THE R3, VIDE ANN-A & ANN-B; QUASH THE CIRCULAR DT.28.9.12, PASSED BY THE R2, VIDE ANN-H AND ETC.
W.P.Nos.10922-923/2013 BETWEEN:
1. P H MUNIYAPPA S/O DODDA HULIYAPPA, AGED ABOUT 74 YEARS,
2. P H SIDDAPPA S/O DODDA HULIYAPPA, AGED ABOUT 74 YEARS, BOTH ARE R/O GUNJURU PALYA, VARTHUR HOBALI,
152
EAST TALUK, BANGALORE- 560 087 ... PETITIONERS
(BY SRI. M R HIREMATHAD & SRI. UDAYAKUMAR P, ADVS.) AND:
1. THE URBAN DEVELOPMENT DEPARTMENT GOVERNMENT OF KARNATAKA, BY ITS SECRTARY, VIDHANA SOUDHA, BANGALORE-01
2. THE COMMISSIONER
BRUHAT BANGALORE MAHANAGARA PALIKE, BANGALORE-560 002
3. THE JOINT DIRECTOR TOWN PLANNING
BANGALORE-EAST, BRUHAT BANGALORE MAHANAGARA PALIKE, BANGALORE-560 002 ... RESPONDENTS
(BY SMT. MANJULA R KAMADOLLI, HCGP FOR R1 SRI M N RAMANJANEYA GOWDA, ADV. FOR R2 & 3)
THESE PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE CIRCULAR DT.28.9.12 VIDE ANN-A & QUASH THE DEMAND NOTICE DT.26.2.13, ISSUED BY THE R3, VIDE ANN-B AND ETC.
W.P.NO.11209/2013 BETWEEN: PAPAMMA W/O C MUNI REDDY, AGED ABOUT 65 YEARS, HONGASANDRA VILLAGE, BEGUR MAIN ROAD, BEGUR HOBLI BANGALORE- 560 068 ... PETITIONER
(BY SRI.B S RADHANANDAN & SRI. MALLESHA, ADVS.)
153
AND:
1. THE URBAN DEVELOPMENT DEPARTMENT GOVERNMENT OF KARNATAKA, VIDHANA SOUDHA, BANGALORE- 560001 BY ITS SECRETARY
2. THE COMMISSIONER BRUHAT BENGALURU MAHANAGARA PALIKE, N R SQUARE, BANGALORE- 560 002
3. THE JOINT DIRECTOR TOWN PLANNING BOMMANAHALLI BRANCH, BRUHAT BENGALURU MAHANAGARA PALIKE, BANGALORE.
4. ASSISTANT REVENUE OFFICER ARAKERE, ZONE BRUHAT BENGALURU MAHANAGARA PALIKE, BANGALORE
5. ASSISTANT DIRECTOR
TOWN PLANNING BRUHAT BENGALURU MAHANAGARA PALIKE, BOMMANAHALLI BRANCH BANGALORE. ... RESPONDENTS
(BY SMT. MANJULA R KAMADOLLI, HCGP FOR R1 SRI D N NANJUNDA REDDY, SR. COUNSEL FOR SRI K N PUTTEGOWDA, ADV. FOR R2 - 5)
THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE CIRCULAR DT.28.9.12, VIDE ANN-A; QUASH THE DEMAND NOTICE DT..8.1.13, ISSUED BY THE R4, DIRECTING THE PETITIONERS TO PAY RS.550/- PER.SQ MTR TOWARDS BETTERMENT TAX AT ANN-B AND ETC.
W.P.Nos.11331-334/2013 & 11335/2013 BETWEEN:
1. SRI K NARAYANA REDDY SINCE DEAD BY LRS
154
a) SRI N JAYARAMA REDDY S/O LATE K NARAYANA REDDY AGED ABOUT 44 YEARS R/AT NO 147, AIRPORT ROAD, MARATHALLI BANGALORE 560037
2. SRI N RAJA REDDY AGED ABOUT 45 YEARS R/AT NO 104, PINE WOOD APARTMENT NAL WIND TUNNEL ROAD, MURUGESH PALAY BANGALORE 560 017 ... PETITIONERS
(BY SRI.T NAGARAJA, ADV.) AND:
1. THE URBAN DEVELOPMENT DEPARTMENT BY ITS SECRETARY VIDHANA SOUDHA, BANGALORE 560 001
2. THE COMMISSIONER
BRUHAT BANGALORE MAHANAGARA PALIKE, N R CIRCLE, BANGALORE 560 002
3. THE JOINT/DEPUTY COMMISSIONER
BBMP, MAHADEVPURA DIVISION MAHADEVAPURA BANGALORE 560048 ... RESPONDENTS
(BY SMT. MANJULA R KAMADOLLI, HCGP FOR R1 SRI B V MURALIDHAR, ADV. FOR R2 & 3)
THESE PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE CIRCULAR DATED 28.9.2012 PASSED BY THE R2 VIDE ANN-G AND THE IMPUGNED OFFICE MEMORANDUM DATED 26.2.2013 ISSUED BY THIRD RESPONDENT THE JOINT / DEPUTY COMMISSIONER, BBMP, MAHADEVPURA DIVISION, BEST, BANGALORE-48 i.e. IMPROVEMENT CHARGES ARE CONCERNED VIDE ANNEXURE-C AND ETC. W.P.NO.12209/2013 BETWEEN: KLASSIK ENTERPRISES PVT. LTD A COMPANY REGISTERED UNDER THE
155
INDIAN COMPANIES ACT, NO.10/1 AND 11/2, KALENA AGRAHARA, NEAR MEENAKSHI TEMPLE,. BANNERGHATTA ROAD BANGALORE-560076 REP. BY ITS DIRECTOR SRI M RAMAKRISNA REDDY ... PETITIONER (BY SRI.T P VIVEKANANDA, ADV.) AND:
1. BRUHAT BANGALORE MAHANAGARA PALIKE N R SQUARE BANGALORE-560002 REP. BY ITS COMMISSIONER
2. THE ASSISTANT REVENUE OFFICER
MARATHALLI SUB DIVISION BRUHATH BANGALORE MAHANAGARA PALIKE MARATHALLI BANGALORE-560037
3. THE JOINT DIRECTOR OF
TOWN PLANNING (NORTH) BRUHATH BANGALORE MAHANAGARA PALIKE N R SQUARE BANGALORE-560002
4. STATE OF KARNATAKA
DEPARTMENT OF URBAN DEVELOPMENT VIKAS SOUDHA, BANGALORE-560001 REP. BY ITS SECRETARY ... RESPONDENTS
(BY SRI.B V MURALIDHAR- ADV. FOR R1-3 SMT. MANJULA R KAMADOLLI, HCGP FOR R4)
THIS PETITION IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA, PRAYING TO QUASH THE CIRCUALR DATED 28.9.12 ISSUED BY R2 VIDE ANNX-K; QUASH THE DEMAND NOTICE DATED 19.2.13 AT ANNX-F ISSUED BY R2 AND ETC.
156
W.P.NO.12210/2013 BETWEEN KLASSIK ENTERPRISES PVT. LTD A COMPANY REGISTERED UNDER THE INDIAN COMPANIES ACT NO.10/1 AND 11/2, KALENA AGRAHARA NEAR MEENAKSHI TEMPLE BANNERBHATTA ROAD BANGALORE-560076 REP. BY ITS DIRECTOR SRI M RAMAKRISHNA REDDY ... PETITIONER
(BY SRI. T P VIVEKANANDA, ADV.) AND:
1. BRUHAT BANGALORE MAHANAGARA PALIKE N R SQURE, BANGALORE-560002 REP. BY ITS COMMISSIONER
2. THE ASSISTANT REVENUE OFFICER
MARATHALLI SUB DIVISION BRUHAT BANGALORE MAHANAGARA PALIKE MARATHALLI BANGALORE-560037
3. THE JOINT DIRECTOR OF
TOWN PLANNING (NORTH) BRUHAT BANGALORE MAHANGARA PALIKE N R SQUARE, BANGALORE-560002
4. STATE OF KARNATAKA
DEPARTMENT OF URBAN DEVELOPMENT VIKAS SOUDHA, BANGALORE-560001 REP. BY ITS SECRETARY ... RESPONDENTS
(BY SRI.B V MURALIDHAR, ADV. FOR R1-3 SMT. MANJULA R KAMADOLLI, HCGP FOR R4)
THIS PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE CIRCULARD DATED 28.9.2012 ISSUED BY THE FIRST RESPONDENT VIDE ANNEXURE-K ; QUASH THE DEMAND NOTICE DATED 19.2.2013
157
VIDE ANNEXURE-F ISSUED BY THE 2ND RESPONDENT AND ETC.
W.P.Nos.12224-235/2013 BETWEEN:
1. SRI H B VENKATARAMANAPPA S/O LATE SRI BACHANNA AGED ABOUT 62 YEARS
2. SRI V SURESH BABU S/O SRI H B VENKATARAMANAPPA AGED ABOUT 35 YEARS
3. SRI V SANTHOSH KUMAR
S/O SRI H B VENKATARAMANAPPA AGED ABOUT 31 YEARS
4. SRI V LOKESH S/O SRI H B VENKATARAMANAPPA AGED ABOUT 30 YEARS
5. SRI H B KRISHNA MURTHY S/O LATE SRI BACHANNA AGED ABOUT 57 YEARS
6. SMT THULASI D/O SRI H B KRISHNA MURTHY AGED ABOUT 26 YEARS
7. SMT VEDAVATHI D/O SRI H B KRISHNA MURTHY AGED ABOUT 23 YEARS
8. SRI HEMANTH KUMAR S/O SRI H B KRISHNA MURTHY AGED ABOUT 21 YEARS
9. SMT VASANTHA W/O LATE SRI H B LAKSHMANA AGED ABOUT 45 YEARS
10. SMT VEENA D/O LATE SRI H B LAKSHMANA AGED ABOUT 25 YEARS
11. SMT PANKAJA D/O LATE SRI H B LAKSHMANA AGED ABOUT 22 YEARS
158
12. KUM SOWMYA D/O LATE SRI H B LAKSHMANA AGED ABOUT 19 YEARS ALL ARE R/A IMMADIHALLI VILLAGE K R PURAM HOBLI, BANGALORE EAST TALUK BANGALORE. REP. BY THEIR POWER OF ATTORNEY HOLDER M/S SAROJ GROUP HAVING OFFICE AT NO.5 SILVER SPRING ROAD MUNNEKOLALA, MARTHAHALLI POST BANGALORE-560037 REP. BY ITS PROPRIETOR MR. CHAKRADHAR S/O VENAKTESHWARLU AGED ABOUT 34 YEARS ... PETITIONERS
(BY SRI.C T PARAMESHWARAPPA, ADV. FOR M/S. NISARGA LAW ASSOCIATES) AND:
1. THE CHIEF SECRETARY STATE OF KARNATAKA VIDHANA SOUDHA, AMBEDKAR VEEDI BANGALORE-560001
2. THE COMMISSIONER
BRUHATH BANGALORE MAHANAGARA PALIKE J C ROAD, N R SQUARE BANGALORE SOUTH BANGALORE-560002
3. THE ASSISTANT DIRECTOR
TOWN PLANNING MAHADEVAPURA (DIVSN) BRUHATH BANGALORE MAHANAGARA PALIKE BANGALORE-560048 ... RESPONDENTS
(BY SMT. MANJULA R KAMADOLLI, HCGP FOR R1 SRI D N NANJUNDA REDDY, SR. COUNSEL FOR SRI K N PUTTEGOWDA, ADV. FOR R2 & 3)
THESE PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE
159
IMPUGNED CIRCULAR VIDE ANNEXURE-F DATED 28.9.2012 PASSED BY THE 2ND RESPONDENT IMPOSING IMPROVEMENT CHARGES OF RS.550/- PER SQUARE METER AND ITS CONSEQUENTIAL IMPUGNED NOTICE VIDE ANNEXURE-A DATED 26.2.2013 PASSED BY THE 3RD RESPONDENT AND ETC.
W.P.Nos.2218-21/2013 BETWEEN: D LAKKANNA S/O LATE DURGAPPA AGED ABOUT 68 YEARS R/A NO.12, 2ND CROSS 17TH MAIN, 5TH BLOCK KORAMANGALA, BANGALORE-560095 ... PETITIONER
(BY SRI.RAGHUNATH C M, ADV.) AND:
1. STATE OF KARNATAKA DEPT. OF HOUSING AND URBAN DEVELOPMENT M S BUILDING, BANGALORE-01 BY ITS SECRETARY
2. THE COMMISSIONER
BRUHAT BANGALORE MAHANAGARA PALIKE BANGALORE-560002
3. THE JOINT COMMISSIONER
MAHADEVAPURA ZONE MAHADEVAPURA, BBMP, BANGALORE-48
4. THE ASST REVENUE OFFICER MARRATHHALLI SUB DIVISION BBMP, MARATHHALLI BANGALORE-560037 … RESPONDENTS
(BY SMT. MANJULA R KAMADOLLI, HCGP FOR R1 SRI B V MURALIDHAR, ADV. FOR R2-4)
THESE PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE CIRCULAR DATED 28.9.2012 VIDE ANNEXURE-A ISSUED BY
160
THE SECOND RESPONDENT AND QUASH THE ENDORSEMENT DATED 18.12.2012 ISSUED BY THE 3RD RESPONDENT VIDE ANNEXURE-B AND INTIMATION LETTER DATED 10.1.2013 ISSUED BY THE 4TH RESPONDENT VIDE ANNEXURE-B1.
W.P.Nos.49852-858/2012 BETWEEN:
1. SMT RATHNAMMA AGED ABOUT 60 YEARS, W/O B. RAMAIAH,
2. SRI RAVI AGED ABOUT 46 YEARS, S/O LATE SRI B. RAMAIAH,
3. SRI SUBRAMANI AGED ABOUT 41 YEARS, S/O LATE SRI B. RAMAIAH,
4. SRI RAMANJI ALIAS RAMANJINAPPA AGED ABOUT 34 YEARS, S/O LATE SRI B. RAMAIAH,
5. SRI DHANANJAYA AGED ABOUT 37 YEARS, S/O LATE SRI B. RAMAIAH,
6. SMT LAKSHMIDEVI AGED ABOUT 33 YEARS, D/O LATE SRI B. RAMAIAH,
7. SMT AMBIKA AGED ABOUT 31 YEARS, D/O LATE SRI B. RAMAIAH, ALL ARE R/AT NO.1561, 15TH CROSS, B. RAMAIAH MAIN ROAD, DR. SHIVARAM KARANTH NAGAR POST, BANGALORE- 560077 REP. BY THEIR POWER OF ATTORNEY HOLDER SRI KISHORE KUMAR S/O SHANTHILAL, AGED ABOUT 42 YEARS, MANAGING DIRECTOR M/S JAIN HEIGHTS &
161
STRUCTURE PRIVATE LTD., # 106A, 99/100, 1ST FLOOR, PRESTIGE TOWERS, RESIDENCY ROAD, BANGALORE-25 ... PETITIONERS
(BY SRI.L K SRINIVASA MURTHY & SRI. S SHIVAN, ADVS.) AND:
1. THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY, URBAN DEVELOPMENT DEPARTMENT, VIDHANA SOUDHA, BANGALORE-01
2. THE COMMISSIONER
BRUHAT BANGALORE MAHANAGARA PALIKE, HUDSON CIRCLE, CORPORATION OFFICES, BANGALORE-02
3. THE ASSISTANT REVENUE OFFICER BRUHAT BANGALORE MAHANAGARA PALIKE, BYATARAYANAPURA RANGE, BANGALORE -92 ... RESPONDENTS
(BY SMT. MANJULA R KAMADOLLI, HCGP FOR R1 SRI B V MURALIDHAR, ADV. FOR R2 & 3)
THESE PETITIONS ARE FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE NOTICE DT.6.9.10 ISSUED BY THE R3 AS CONTAINED IN ANN-M & CIRCULAR DT.28.9.12, PASSED BY THE R2 COMMISSIONER, BRUHAT BANGALORE MAHANAGARA PALIKE, BANGALORE A CONTAINED IN ANN-N AND ETC.
W.P.Nos.12592/2013 & 12647-48/2013 BETWEEN
1. SMT. VAGDEVI W/O LATE C.K.VENKATASUBBARAO, AGED ABOUT 55 YEARS,
2. SRI.C.K.NAGABHUSHAN S/O LATE C.KRISHNAMURTHY, AGED ABOUT 60 YEARS,
162
3. SRI.C.K.RAVI S/O LATE C.KRISHNAMURTHY, AGED ABOUT 60 YEARS, ALL R/AT NO.424, PRASHANTH NILAYA, VINAYAKA LAYOUT, NEAR VINAYAKA TEMPLE, VARTHURU HOBLI, BANGALORE-560087. ... PETITIONERS
(BY SRI.T NAGARAJA, ADV.) AND:
1. THE URBAN DEVELOPMENT DEPARTMENT BY ITS SECRETARY, VIDHANA SOUDHA, BANGALORE-560001.
2. THE COMMISSIONER
BRUHAT BANGALORE MAHANAGARA PALIKE, N.R.CIRCLE, BANGALORE-560002.
3. THE JOINT/DEPUTY COMMISSISONER
BBMP, MAHADEVPURA DIVISION, MAHADEVPURA, BANGALORE-560048. ... RESPONDENTS
(BY SMT. MANJULA R KAMADOLLI, HCGP FOR R1 SRI D N NANJUNDA REDDY, SR. COUNSEL FOR SRI K N PUTTEGOWDA, ADV. FOR R2 & 3)
THESE PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE CIRCULAR DATED 28.9.12 PASSED BY THE R2 VIDE ANXN-E AND THE IMPUGNED OFFICE MEMORANDUM DATED 7.3.13 ISSUED BY R3 THE JOINT/DEPUTY COMMISSIONER, BBMP, MAHADEVPURA DIVISION BEST, BANGALORE IE., IMPROVEMENT CHARGES ARE CONCERNED VIDE ANXN-A AND ETC.
W.P.NO.12616/2013 BETWEEN: SRI S NAVEEN KUMAR S/O N SAMPANGIRAM REDDY AGED ABOUT 39 YEARS
163
R/AT NO. 197, IRISS MANOR 2ND MAIN, 2ND STAGE DOMLUR, BANGALORE-560071 ... PETITIONER
(BY SRI.T NAGARAJA & SRI. N NAGARJUN, ADVS.) AND:
1. THE URBAN DEVELOPMENT DEPARTMENT BY ITS SECRETARY, VIDHANA SOUDHA, BANGALORE-01
2. THE COMMISSIONER
BRUHAT BANGALORE MAHANAGARA PALIKE N R CIRLCE, BANGALORE-560002
3. THE JOINT/ DEPUTY COMMISSIONER
BBMP, MAHADEVPURA DIVISION MAHADEVAPURA BANGALORE-560048 ... RESPONDENTS
(BY SMT. MANJULA R KAMADOLLI, HCGP FOR R1 SRI D N NANJUNDA REDDY, SR. COUNSEL FOR SRI K N PUTTEGOWDA, ADV. FOR R2 & 3)
THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE CIRCULAR DATED 28.9.12 PASSED BY THE R2 VIDE ANNX-E AND THE IMPUGNED OFFICE MEMORANDUM DATED 22.2.13 ISSUED BY THE R3 THE JOINT/DEPUTY COMMISSIONER, BBMP MAHADEVPURA DIVISION BEST, BANGALORE IE., IMPROVEMENT CHARGES ARE CONCERNED VIDE ANNX-A AND ETC.
W.P.Nos.12649-56/2013 BETWEEN:
1. S N SHIVANANJE GOWDA S/O LATE SRI CHIKKANARASIMHAIAH AGED ABOUT 69 YEARS
2. S SINDHU D/O S N SHIVANANJE GOWDA AGED ABOUT 37 YEARS
164
3. S PRASHANTH S/O S N SHIVANANJE GOWDA AGED ABOUT 33 YEARS PETITIONERS 1 TO 3 R/AT NO 14, 11TH MAIN ROAD, RPC LAYOUT, BANGALORE 560040
4. S N GOPAL KRISHNA
S/O LATE SRI CHIKKNARASIMHAIAH AGED ABOUT 62 YEARS
5. S G LAKSHMI D/O S N GOPALAKRISHNA AGED ABOUT 26 YEARS
6. S G HEMALATHA D/O S N GOPALAKRISHNA AGED ABOUT 22 YEARS PETITIONERS 4 TO 6 R/AT SINGASANDRA VILLAGE, BEGURU HOBLI BANGALORE SOUTH TALUK
7. SUNANDA W/O LATE SRI S N CHANDRASHEKAR AGED ABOUT 42 YEARS R/AT NO 204/1, 3RD MAIN ROAD, CHAMARAJPET, BANGALORE-18 PETITIONERS 1 TO 7 REP. BY THEIR GPA HOLDER.
8. P SHEKAR REDDY S/O P RAM REDDY AGED ABOUT 42 YEARS PROPRIETOR M/S. SLS DEVELOPERS FLAT NO 401, 4TH FLOOR SHERWOOD APARTMENTS 4TH “A” CROSS, KAGGADASAPURA, C V RAMANNAGAR POST, BANGALORE 560 093 … PETITIONERS
(BY SRI SUNDAR RAJ, ADV.) AND:
1. STATE OF KARNATAKA DEPARTMENT OF URBAN DEVELOPMENT
165
VIDHANA SOUDHA, BANGALORE REP. BY ITS SECRETARY
2. THE COMMISSIONER
BRUHAT BANGALORE MAHANAGARA PALIKE N R CIRCLE BANGALORE 560 002
3. THE ASSISTANT REVENUE OFFICER
BEGURU SUB DIVISION BRUHAT BANGALORE MAHANAGARA PALIKE N R CIRCLE BANGALORE 560 002 … RESPONDENTS
(BY SMT. MANJULA R KAMADOLLI, HCGP FOR R1 SRI D N NANJUNDA REDDY, SR. COUNSEL FOR SRI K N PUTTEGOWDA, ADV. FOR R2 & 3)
THESE PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO UASH THE ENDORSEMENT DATED 6.3.3013 VIDE ANNEXURE-C ISSUED BY THE 3RD RESPONDENT AND DIRECT THE 3RD RESPONDENT NOT TO INSIST / DEMAND THE PETITIONERS FOR THE PAYMENT OF IMPROVEMENT CHARGES FOR THE REGISTRATION AND ISSUANCE OF KATHA IN FAVOUR OF THE PETITIONERS IN VIEW OF THE ANNEXURE-C AND GRANT SUCH OTHER RELIEFS.
W.P.NO.12657/2013 BETWEEN: N NAGARAJA S/O LATE DODDANARASIMHAIAH, AGED ABOUT 62 YEARS, R/AT NO.850, 6TH C CROSS, 17TH “F” MAIN, 6TH “B” BLOCK, KORAMANGALA, BANGALORE-560095. ... PETITIONER
(BY SRI. SUNDAR RAJ, ADV.) AND:
1. STATE OF KARNATAKA DEPARTMENT OF URBAN DEVELOPMENT, VIDHANA SOUDHA,
166
BANGALORE, REP. BY ITS SECRETARY.
2. THE COMMISSIONER BRUHAT BANGALORE MAHANAGARA PALIKE, N.R.CIRCLE, BANGALORE-560002.
3. THE ASSISTANT REVENUE OFFICER
BEGURU SUB-DIVISION, BRUHUTH BANGALORE MAHANAGARA PALIKE, N.R.CIRCLE BANGALORE-560048. ... RESPONDENTS
(BY SMT. MANJULA R KAMADOLLI, HCGP FOR R1 SRI D N NANJUNDA REDDY, SR. COUNSEL FOR SRI K N PUTTEGOWDA, ADV. FOR R2 & 3)
THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ENDORSEMENT DT.6.3.2012, VIDE ANNX-C ISSUED BY R-3 AND DIRECT R-3 NOT TO INSIST/DEMAND THE PETITIONERS FOR THE PAYMENT OF IMPROVEMENT CHARGES FOR THE REGISTRATION & ISSUANCE OF KAATHA IN FAVOUR OF THE PETITIONERS IN VIEW OF THE ANNX-C & GRANT SUCH OTHER RELIEFS. W.P.NO.12719/2013 BETWEEN: S N ANANDA MURTHY S/O LATE CHAKKANARASAPPA, AGED ABOUT 56 YEARS, R/AT SAMPIGE HALLI, JAKKUR POST, BANGALORE-560064. ... PETITIONER
(BY SRI.D B SATISH, ADV.) AND:
1. THE URBAN DEVELOPMENT DEPARTMENT BY ITS SECRETARY, VIDHANA SOUDHA, BANGALORE-560 001.
167
2. THE COMMISSIONER, BRUHATH BANGALORE MAHANAGARA PALIKE, N.R.SQUARE, BANGALORE-560 002.
3. THE ASSISTANT REVENUE OFFICER BRUHATH BANGALORE MAHANAGARA PALIKE, BYTARAYANAPURA DIVISION, BANGALORE-64. ... RESPONDENTS
(BY SMT. MANJULA R KAMADOLLI, HCGP FOR R1 SRI D N NANJUNDA REDDY, SR. COUNSEL FOR SRI K N PUTTEGOWDA, ADV. FOR R2 & 3)
THIS PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED NOTIFICATION DT.3.2.10, PASSED BY THE R1, VIDE ANN-F & ITS CONSEQUENTIAL IMPUGNED CIRCULAR DT.7.11.07, PASSED BY THE R2, UNDER ANN-D & AN IMPUGNED CIRCULAR DT.7.2.11, PASSED BY THE R2, ANN-G & THE IMPUGNED ENDORSEMENT UNDER ANN-C, DT.5.3.13, ISSUED BY THE R3, ASST. REVENUE OFFICER SEEKING IMPOSITION OF IMPROVEMENT CHARGES AND ETC.
W.P.NO.12755/2013 BETWEEN: K.R.SRINIVASA REDDY S/O A RAMA REDDY AGED ABOUT 50 YEARS R/AT NO 286, 13TH CROSS, 17TH MAIN, 4TH SECTOR HSR LAYOUT BANGALORE 560 102 ... PETITIONER
(BY SRI.T P VIVEKANANDA, ADV.) AND:
1. BRUHAT BANGALORE MAHANAGARA PALIKE N R SQUARE, BANGALORE 560 002 REP. BY ITS COMMISSIONER
168
2. THE ASSISTANT REVENUE OFFICER, MARATHALLI SUB DIVISION BRUHAT BANGALORE MAHANAGARA PALIKE MARATHALLI BANGALORE 560037
3. JOINT DIRECTOR OF TOWN
PLANNING (NORTH) BRUHATH BANGALORE MAHANAGARA PALIKE, N R SQUARE, BANGALORE 560 002
4. STATE OF KARNATAKA DEPARTMENT OF URBAN DEVELOPMENT, VIKAS SOUDHA BANGALORE 560 001 REP. BY ITS SECRETARY ... RESPONDENTS
(BY SRI B V MURALIDHAR, ADV. FOR R1-3 SMT. MANJULA R KAMADOLLI, HCGP FOR R4)
THIS PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE CIRCULAR DATED 28.9.2012 ISSUED BY THE FIRST RESPONDENT VIDE ANNEXURE-K ; QUASH THE DEMAND NOTICE DATED 19.2.2013 AT ANNEXURE-F ISSUED BY THE 2ND RESPONDENT AND ETC.
W.P.NO.12865/2013 BETWEEN: K R SRINIVASA REDDY AGED ABOUT 50 YEARS, S/O A RAMA REDDY, R/AT NO. 286, 13TH CROSS, 17TH MAIN, 4TH SECTOR, HSR LAYOUT, BANGALORE -560 102 ... PETITIONER
(BY SRI.T P VIVEKANANDA, ADV.) AND:
1. BRUHAT BANGALORE MAHANAGARA PALIKE N R SQUARE,
169
BANGALORE-560 002 REP. BY ITS COMMISSIONER
2. THE ASSISTANT REVENUE OFFICER
MARATHALLI SUB-DIVISION, BRUHATH BANGALORE MAHANAGARA PALIKE, MARATHALLI, BANGALORE-560 037
3. JOINT DIRECTOR OF TOWN
PLANNING (NORTH) BRUHATH BANGALORE MAHANAGARA PALIKE, N R SQURE, BANGALORE-560 002
4. STATE OF KARNATAKA
DEPARTMENT OF URBAN DEVELOPMENT, VIKAS SOUDHA, BANGALORE-01 REP. BY ITS SECRETARY ... RESPONDENTS
(BY SRI B V MURALIDHAR, ADV. FOR R1-3 SMT. MANJULA R KAMADOLLI, HCGP FOR R4)
THIS PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE CIRCULAR DATED 28.9.12 ISSUED BY THE R1 AT ANNX-K; QUASH THE DEMAND NOTICE DATED 19.2.13 AT ANNX-F ISSUED BY R2 AND ETC. W.P.Nos.12902-903/2013 BETWEEN:
1. SMT. KAVITHA PRASAD AGED ABOUT 43 YEARS W/O SHRI PRASAD K R/AT NO.182, ‘KRUSUN’, 9TH MAIN 7TH SECTOR, HSR LAYOUT BANGALORE 560012
2. SHRI PRASAD K
AGED ABOUT 49 YEARS S/O LATE KRISHNAPPA R/AT NO.182, ‘KRUSUN’, 9TH MAIN 7TH SECTOR, HSR LAYOUT BANGALORE 560012 ... PETITIONERS
(BY SRI.T P VIVEKANANDA, ADV.)
170
AND:
1. BRUHAT BANGALORE MAHANAGARA PALIKE N R SQUARE BANGALORE- 560002 REP. BY ITS COMMISSIONER
2. THE ASSISTANT REVENUE OFFICER MARATHALLI SUB-DIVISION BRUHATH BANGALORE MAHANAGARA PALIKE MARATHALLI, BANGALORE 560037
3. JOINT DIRECTOR OF TOWN PLANNING (NORTH) BRUHATH BANGALORE MAHANAGARA PALIKE N R SQUARE, BANGALORE 560002
4. STATE OF KARNATAKA
DEPARTMENT OF URBAN DEVELOPMENT, VIKAS SOUDHA BANGALORE 560 001 REP. BY ITS SECRETARY ... RESPONDENTS
(BY SMT. MANJULA R KAMADOLLI, HCGP FOR R4 SRI D N NANJUNDA REDDY, SR. COUNSEL FOR SRI K N PUTTEGOWDA, ADV. FOR R1-3)
THESE PETITIONS ARE FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE CIRCULAR DT.28.9.2012 ISSUED BY R-1 AT ANNX-K ; QUASH THE DEMAND NOTICE DT.19.2.2013 AT ANNX-F ISSUED BY R-2 AND ETC.
W.P.NO.12720/2013 BETWEEN: S N ANANADA MURTHY AGED ABOUT 56 YEARS S/O LATE CHKKANARASAPPA RESIDING AT SAMPIGE HALLI JAKKUR POST BANGALORE 560 064 ... PETITIONER
(BY SRI.D B SATISH, ADV.)
171
AND:
1. THE URBAN DEVELOPMENT DEPARTMENT BY ITS SECRETARY VIDHANA SOUDHA BANGALORE 560 001
2. THE COMMISSIONER BRUHATH BANGALORE MAHANAGARA PALIKE N R SQUARE, BANGALORE-02
3. THE ASSISTANT REVENUE OFFICER BRUHATH BANGALORE MAHANAGARA PALIKE BYATARAYANAPURA DIVISION BANGALORE-64 ... RESPONDENTS
(BY SMT. MANJULA R KAMADOLLI, HCGP FOR R1 SRI D N NANJUNDA REDDY, SR. COUNSEL FOR SRI K N PUTTEGOWDA, ADV. FOR R2 & 3)
THIS PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED NOTIFICATION DT.3.2.2010 PASSED BY R-1 VIDE ANNX-H & ITS CONSEQUENTIAL IMPUGNED CIRCULAR DT.7.11.2007 PASSED BY R-2 VIDE ANNX-F & AN IMPUGNED CIRCULAR DT.7.2.2011 PASSED BY R-2 VIDE ANNX-J & THE IMPUGNED ENDORSEMENT VIDE ANNX-E DT.5.3.2013 ISSUED BY R-3 ASST. REVENUE OFFICER SEEKING IMPOSITION OF IMPROVEMENT CHARGES AND ETC.
W.P.NO.13201/2013 BETWEEN SRI G R SRINIVASA REDDY S/O G.A.RAMASWAMY REDDY, AGED ABOUT 42 YEARS, RESIDING AT GUNJUR, B.B.M.P. WARD NO.149, BANGALORE EAST TALUK, BANGALORE-560087. ... PETITIONER
(BY SRI.H S PRASHANTH, ADV.)
172
AND
1. THE STATE OF KARNATAKA BY THE URBAN DEVELOPMENT DEPARTMENT REP. BY ITS SECRETARY, VIDHANA SOUDHA, BANGALORE-560 001.
2. THE COMMISSIONER BRUHAT BANGALORE MAHANAGARA PALIKE, N.R.CIRCLE, BANGALORE-560 002.
3. THE JOINT/DEPUTY COMMISSISONER BBMP, MAHADEVAPURA DIVISION, MAHADEVPURA, BANGALORE-560 048. ... RESPONDENTS
(BY SMT. MANJULA R KAMADOLLI, HCGP FOR R1 SRI G M CHANDRASHEKAR, ADV. FOR R2 & 3)
THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE CIRCULAR DATED 28.9.12 ISSUED BY THE R2 VIDE ANNX-B AND ENDORSEMENT ISSUED BY R3 DATED 11.3.13 DEMANDING THE PETITIONER TO PAY AN AMOUNT OF RS. 25,04,902/- TOWARDS IMPROVEMENT CHARGES FOR REGISTRATION OF KHATA IN THE NAME OF THE PETITIONER VIDE ANN-A AND ETC.
W.P.NO.12866/2013 BETWEEN: SMT. C BHARATHI AGED ABOUT 43 YEARS W/O SHRI M RAMAKRISHNA REDDY R/AT NO.667, ‘SRI KUTEERA’ SECTOR- II, HSR LAYOUT BANGALORE 560 102 ... PETITIONER
(BY SRI.T P VIVEKANANDA, ADV.) AND:
1. BRUHAT BANGALORE MAHANAGARA PALIKE N R SQUARE
173
BANGALORE 560002 REP. BY ITS COMMISSIONER
2. THE ASSISTANT REVENUE OFFICER
MARATHALLI SUB-DIVISION BRUHATH BANGALORE MAHANAGARA PALIKE MARATHALLI, BANGALORE-37
3. JOINT DIRECTOR OF TOWN PLANNING (NORTH) BRUHATH BANGALORE MAHANAGARA PALIKE N R SQUARE, BANGALORE 560002
4. STATE OF KARNATAKA DEPARTMENT OF URBAN DEVELOPMENT, VIKAS SOUDHA BANGALORE 560 001 REP. BY ITS SECRETARY ... RESPONDENTS
(BY SMT. MANJULA R KAMADOLLI, HCGP FOR R4 SRI D N NANJUNDA REDDY, SR. COUNSEL FOR SRI K N PUTTEGOWDA, ADV. FOR R1 TO 3)
THIS PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE CIRCULAR DATED 28.9.2012 ISSUED BY THE FIRST RESPONDENT VIDE ANNEXURE-K; QUASH THE DEMAND NOTICE DATED 19.2.2013 VIDE ANNEXURE-F ISSUED BY THE R2 AND ETC. W.P.Nos.12302-303/2013 BETWEEN:
1. SMT. INDIRA RAO W/O MR. H PRAKASH RAO REP BY ITS GPA HOLDER AGED ABOUT 62 YEARS M/S. TOTAL ENVIRONMENT CONSTRUCTIONS PRIVATE LIMITED, NO 78, ITPL MAIN ROAD, EPIP ZONE WHITEFIELD, BANGALORE 560 066
2. M/S. TOTAL ENVIRONMENT
CONSTRUCTIONS PRIVATE LIMIT NO 78, ITPL MAIN ROAD EPIP ZONE WHITEFIELD
174
BANGALORE 560066 REP. BY ITS DIRECTOR MR. KAMAL SAGAR ... PETITIONERS
(BY SRI UDAY HOLLA, SR. COUNSEL FOR SRI K SHASHIKIRAN SHETTY) AND:
1. THE URBAN DEVELOPMENT DEPARTMENT GOVERNMENT OF KARNATAKA VIDHANA SOUDHA, BANGALORE 560 001 BY ITS SECRETARY
2. THE COMMISSIONER,
BRUHAT BENGALURU MAHANAGARA PALIKE, N R SQUARE, BANGALORE-02
3. THE JOINT DIRECTOR TOWN PLANNING
BEGUR BRANCH BRUHAT BANGALORE MAHANAGARA PALIKE BANGALORE-68.
4. ASSISTANT REVENUE OFFICER BEGUR BRANCH BRUHAT BANGALORE MAHANAGARA PALIKE BANGALORE-68
5. ASSISTANT DIRECTOR TOWN PLANNING BRUHAT BANGALORE MAHANAGARA PALIKE N R SQUARE ZONE BANGALORE-02 ... RESPONDENTS
(BY SMT. MANJULA R KAMADOLLI, HCGP FOR R1 SRI D N NANJUNDA REDDY, SR. COUNSEL FOR SRI K N PUTTEGOWDA, ADV. FOR R2- 5)
THESE PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE CIRCULAR DATED 28.9.12 VIDE ANNX-A; QUASH THE ENDORSEMENT/DEMAND NOTICE DATED 25.2.13 ISSUED BY R4 DIRECT THE PETITIONERS TO PAY RS. 550/- P.S.M TOWARDS BETTERMENT TAX VIDE ANNX-B AND ETC.
175
W.P.NO.13745/2013 BETWEEN: K S JAGADISH REDDY S/O LATE K SRINIVASA REDDY AGED ABOUT 50 YEARS R/A NO.43, 1ST CROSS WAR NO.150, KASAVANA HALLI SARJAPURA ROAD, BANGALORE 560035 ... PETITIONER
(BY SRI.U S YOGESH KUMAR, ADV.) AND:
1. STATE OF KARNATAKA BY ITS SECRETARY DEPT. OF URBAN & HOUSING DEPARTMENT M.S. BUILDING, BANGALORE 560001
2. THE COMMISSIONER BRUHAT BANGAALORE MAHANAGARA PALIKE BANGALORE 560002
3. JOINT COMMISSIONER
BRUHAT BANGALORE MAHANAGARA PALIKE MAHADEVAPURA ZONE, BANGALORE 560036
4. ASST. REVENUE OFFICER BRUHAT BANGAALORE MAHANAGARA PALIKE MAHADEVAPURA ZONE, MARATHAHALLI SUB DIVISION BANGALORE. … RESPONDENTS
(BY SMT. MANJULA R KAMADOLLI, HCGP FOR R1 SRI B V MURALIDHAR, ADV. FOR R2-4)
THIS PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE OFFICE MEMORANDUM DATED 13.3.2013 AT ANNEXURE-A IN SO FAR AS DEMANDING THE PETITIONER TO PAY THE DEVELOPMENT CHARGE OF RS.5,56,645/- IN RESPECT OF THE PETITIONER'S CONVERTED LANDS BEARING SY.NO.45 MEASURING 10
176
GUNTAS, SITUATED AT KAIKONDRAHALLI VILLAGE, VARTHUR HOBLI, BANGALORE EAST TALUK ISSUED BY THE RESPONDENT NO.3 AND ETC.
W.P.Nos.13387/2013 & 14262-64/2013 BETWEEN:
1. MR. ANANYA KANORIA S/O ARUN KUMAR KANORIA AGED ABOUT 30 YEARS R/A #120/A, 10TH MAIN SADASHIVANAGAR, BANGALORE-560080
2. MS. VARINI KANORIA D/O ARUN KUMAR KANORIA AGED ABOUT 25 YEARS R/A #120/A, 10TH MAIN, SADASHIVANAGAR, BANGALORE-560080 ... PETITIONERS
(BY SRI G S VENKAT SUBBA RAO, ADV.) AND:
1. THE URBAN DEVELOPMENT DEPARTMENT GOVERNMENT OF KARNATAKA BY ITS SECRETARY VIKASA SOUDHA BANGALORE-560001
2. THE COMMISSIONER
BRUHAT BANGALORE MAHANAGARA PALIKE N R SQUARE BANGALORE-560002
3. THE ASSISTANT REVENUE OFFICER SHETTIHALLU SUB DIVISION BRUHAT BANGALORE MAHANAGARA PALIKE ... RESPONDENTS
(BY SMT. MANJULA R KAMADOLLI, HCGP FOR R1 SRI G M CHANDRASHEKAR, ADV. FOR R2 & 3)
THESE PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE
177
CIRCULAR DT.28.9.12, AS AT ANN-A & QUASH THE DEMAND NOTICE DT.8.1.13, ISSUED BY THE R3, AS AT ANN-B.
W.P.NO.14390/2013 BETWEEN:
SRI. BABU REDDY S/O RAMAIAH REDDY AGED ABOUT 38 YEARS R/AT NO.62/1, SRIRAMA NILAYA MAHADEVPURA BANGALORE-560048 ... PETITIONER
(BY SRI T NAGARAJA, ADV.)
AND:
1. THE URBAN DEVELOPMENT DEPARTMENT BY ITS SECRETARY,VIDHANA SOUDHA BANGALORE-560001
2. THE COMMISSIONER
BRUHAT BANGALORE MAHANGARA PALIKE N R CIRCLE BANGALORE-560002
3. THE JOINT/DEPUTY COMMISSIONER BBMP, MAHADEVPURA DIVISION MAHADEVPURA BANGALORE-560048 ... RESPONDENTS
(BY SMT. MANJULA R KAMADOLLI, HCGP FOR R1 SRI D N NANJUNDA REDDY, SR. COUNSEL FOR SRI K N PUTTEGOWDA, ADV. FOR R2 & 3)
THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE CIRCULAR DATED 28.9.12 PASSED BY R2 VIDE ANNX-E AND IMPUGNED OFFICE MEMORANDUM DATED 16.3.13 ISSUED BY R3 THE JOINT-DEPUTY COMMISSIONER, BBMP, MAHADEVPURA DIVISION BEST, BANGALORE IE., IMPROVEMENT CHARGES ARE CONCERNED VIDE ANNX-A AND ETC.
THESE WRIT PETITIONS HAVING BEEN RESERVED FOR
ORDERS, COMING ON FOR PRONOUNCEMENT THIS DAY, THE COURT PRONOUNCED THE FOLLOWING:
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O R D E R
In all these petitions, the respective petitioners
have sought for issue of writ of certiorari to quash the
circular dated 28.09.2012 issued by the Commissioner,
Bruhat Bangalore Mahanagara Palike (‘BBMP' for short).
The petitioners have also sought to quash the demand
notices of different dates which are issued to the
respective petitioners.
2. The petitioners are all owners of different
extents of lands which are described in their respective
petitions. The said lands were earlier situate within the
jurisdiction of 7 City Municipal Council, one Town
Municipal Council and 110 villages which were included
within the Bangalore Mahanagara Palike i.e. the larger
urban area so as to constitute the BBMP under the
notification dated 16.01.2007. On the said area coming
into the larger urban area of BBMP and according to
BBMP, on finding that several properties therein did
not have proper infrastructure, the same was to be
provided in these areas. As it would involve huge
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expenditure, the improvement charges are sought to be
imposed on the property owners and collect the same.
Initially when such demand was made as pre-requisite
for change of khatha, such action was questioned in
W.P.No.5035/2008 and connected petitions. While
disposing those petitions on 21.07.2008, this Court was
of the view that in the absence of Rules, such demand
cannot be made.
3. Thereafter the Rules were framed and the
improvement charges were levied and sought to be
recovered prior to change of khatha. Being aggrieved by
the same, the landowners had once again assailed it in
W.P.No.18014/2011 and connected petitions which
were disposed of on 20.04.2012. Though the power to
levy was upheld, the method and manner of
determination of improvement charges was found fault
with and the matter was ordered to be reconsidered.
Though the BBMP has filed an appeal against the order
of the learned Single Judge in W.A. No.2954/2012 and
the same is stated to be pending consideration and
refund of the collected amount is stayed, the BBMP
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acting on the direction of the learned Single Judge has
re-worked the imposition of improvement charges after
issuing the circular dated 28.09.2012. The petitioners
are therefore before this Court assailing the said
circular and also the demand made based on such
circular.
4. Though the learned senior counsel and the
other learned counsel representing different petitioners
have addressed arguments touching upon the aspects
relating to the power of BBMP to collect such
improvement charges with reference to Section 446 of
the Karnataka Municipal Corporation Act (‘KMC Act’ for
short), the validity of the Rule framed thereunder and in
answer, the learned senior counsel for the BBMP sought
to justify the power exercised, in my opinion, it is not
necessary to notice the contentions on those aspects
specifically and overburden this order as the said
contentions do not arise for consideration herein. I am
of the said opinion for the reason that the said
contentions had arisen for consideration in
W.P.No.18014/2011 and connected petitions. The
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learned Single Judge has already considered those
aspects and answered the contentions. If at all any of
the parties are aggrieved, they can only urge the same
in the pending appeal. It would not be expedient or
proper for this Court to go into those aspects once over
again but it would only be appropriate for this Court to
proceed further based on the findings that had been
rendered therein.
5. To be more precise about the scope of
consideration herein, it would be appropriate to refer
and notice the questions that were framed for
consideration in the earlier petitions and the manner in
which they were answered. They read as hereunder:
i) Whether the rules framed are beyond the Rule
Making Power of the State and are therefore ultra
virus?
ii) Whether the improvement charge levied is a tax or
is it in the nature of a fee collected for service
rendered. If so, is there any quid pro quo?
iii) Whether Rule 5, which enables the collection of
improvement charges at the time of registration of
Khata and the impugned circular which states that
– failure to collect the amount will subject the
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Officers concerned for action are contrary to the
provisions of Section 114 of the Act?
iv) Whether the impugned Circular in so far as it lays
down the quantum of improvement expenses to be
collected for sites having different dimensions at
different rates is arbitrary, discriminatory and is
therefore, unsustainable?
v) Whether the Rule Making Authority has the power
to make the Rules operational retrospectively?
6. In answer to the first point, with reference to
Section 466 of KMC Act and Rule 2(b) of the Karnataka
Municipal Corporations (Recovery of improvement
expenses) Rules, 2009 (‘Rules’ for short) the nature of
the work to be carried out is considered and it is held
that the Rule framed to recover the expenses incurred
from the property owners who would be directly or
indirectly benefited is not ultra vires. In answer to the
second point raised, it is held ‘quid pro quo’ does not
mean individual service, but the burden has been cast
on BBMP to show that such newly added localities or
the extensions have been extended such benefit. In that
view, it was held that the Rules framed was not
arbitrary nor is it having unguided power. While
considering the third point the manner of recovery as
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authorised under Rule 5 was considered keeping in view
the provision contained in Section 114 of KMC Act. In
that regard, with reference to the recovery provided
under Section 467 of KMC Act and on noticing that
improvement charges due would be a charge on the
property has held that Rule 5 which has conferred
power to recover in lumpsum is ultra-vires. Hence it is
held that the mode of collection of improvement charges
is as provided under Section 467 of KMC Act.
7. Thereafter while considering the question of
improvement charges imposed at different rates on
owners having sites of different dimensions, it is held
that such differential levy is not justified. It is
suggested that before such levy is made, a systematic
exercise is to be carried out to list the infrastructure
and the services provided or intended to be provided to
the area included, on a by and large consideration of
‘quid pro quo’. The exercise undertaken earlier was held
as not sufficient as it was not a systematic exercise and
differential rates were levied on the property owners
depending on the size and dimension of the propriety
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owned. The retrospective effect given to the Rule was
however upheld.
8. The sum and substance of the conclusion
therein is that the BBMP would be entitled to recover
improvement charges towards infrastructure provided
or to be provided in respect of the area which has come
within its jurisdiction but such determination of the
amount to be collected should be uniform, irrespective
of the size of the property and should be based on a
systematic exercise carried out to determine the same.
The recovery of such amount is to be made as provided
under Section 467 of the KMC Act and cannot be linked
to change of khatha.
9. In the above backdrop, since the primary
questions relating to imposition of improvement charges
have already been decided, the validity of the procedure
adopted for determining the amount towards
improvement charges and the nature of recovery
resorted to based on the impugned circular requires to
be examined. Hence, the procedure followed and the
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manner in which the improvement charges has been
determined is the only aspect which needs
consideration. As noticed, all other aspects relating to
the power to impose improvement charges has already
been considered in the earlier batch of petitions and any
grievance in that regard from either side can only be
considered in the pending writ appeals.
10. In the instant petitions, while assailing the
method of the fixation of the quantum of improvement
charges, the learned senior counsel and the other
learned counsel for the respective petitioners would
point out that in the earlier order, this Court has
directed that a systematic exercise to list out the
infrastructure rendered or to be rendered in the newly
added localities and that by and large, there is ‘quid pro
quo’ is to be determined and only then the improvement
charges could be imposed and recovered. It is
contended that such exercise has not been carried out
since the documents relied on and produced as
Annexures to the objection statement does not disclose
such determination. The cost of entire construction and
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facilities cannot be burdened on the property owners.
Under Section 87 of the Karnataka Municipalities Act
and BWSSB Act, the amounts incurred by those
authorities has been imposed on the property owners.
In the earlier order itself, it was noticed that the cost in
BDA Layout is Rs.460/- per sq. mtrs and as such
Rs.550/- per sq mtr imposed presently is excessive
when the rate is lesser towards development of virgin
lands including land cost. Further, such improvement
charges is not levied on BDA sites, but levied on a
developer though the layout is developed in similar
manner as the development is made by BDA as
conditions would be imposed for development. Hence,
the same amounts to discrimination. The decisions in
the case of State of Uttar Pradesh and others vs.
Deepak Fertilizers & petrochemical Corporation
Ltd. [(2007)10 SCC 342]; Uttar Pradesh Power
Corporation Ltd vs. Ayodhya Prasad Mishra and
another; [(2008)10 SCC 139] and Aashirwad Films
vs. Union of India and others [(2007)6 SCC 624] are
relied on. The imposition amounts to double levy. In
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some cases, development charges have been paid to the
earlier dispensation which had jurisdiction over the
area. The method of calculation made in respect of sites
and on the larger extent of undivided lands by adopting
the calculation on sq.meter basis is not intelligible and
is without application of mind. It is contended that if
the same method is applied to the land on acre basis,
the land owner would be paying for the area measuring
about 45% which would have to be provided as roads
and common amenities which would revert to the
planning authority on development being completed.
Further, the improvement charges are being collected
from only the people who approach BBMP for change of
katha, approval of plan etc., which is not sustainable.
In any event, the payment being sought as a pre-
condition for issue of khatha, plan etc., is contrary to
the earlier order of this Court.
11. The learned senior counsel for the respondents
would contend that what is levied is a fee for the
infrastructure provided and as such, there is quid pro
quo, but it need not be on individual basis, but it is for
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the property owners in the area in general. The learned
senior counsel would point out that the only question
for consideration herein is to decide the amount fixed
and the manner in which it is done. In that regard, the
committee constituted for the said purpose after the
earlier order of this Court had sought information from
different Wards of four zones. Each zone consists of
several wards. The Zonal officers provided information
to the committee on the basis of the work that was
carried out from the year 2007 and the work that is to
be completed. Two wards in each zone were taken at
random and the improvements that were required to be
made and which was listed out, were taken into
consideration. The rate as prescribed by the PWD for
such civil works was taken into consideration and the
expenses that would be incurred was projected and the
average value was worked out and for the remaining
percentage of the work, the amount was calculated.
The standing committee considered the same and
approved the improvement fee to be charged at
Rs.550/- per sq mtr. The BBMP council has thereafter
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approved the same. The budget proposal was thus
taken into consideration. Based on all the above
materials, the charge was fixed at Rs.550/- per sq. mtr
and was shown in the impugned circular which would
work out to Rs.51/- per sq ft and the derivative thereof
is worked out for the sites of different dimension and
also for the land on acre basis. The BBMP has to
deposit large amounts to BWSSB for the purpose of
providing water and sewage connections. Hence, the
decision is not unreasonable. Further as contemplated
under Section 467, the instalment facility is also
provided and a circular dated 05.01.2013 is issued
which is in confirmity. The collection of the
improvement fee in respect of larger extent on acre basis
is also in the interest of the ultimate purchasers as
otherwise the developers may dispose of the property
without payment of the improvement charges.
12. Having noticed the rival contentions and since
it is seen that all aspects of the matter had been
considered in W.P.No.18014/2011 and connected
petitions and this Court had found fault with the
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method of determination of the improvement charges
and had thereafter indicated the manner in which it is
to be done, it is necessary to notice the observations
made in paragraph-48 of the order dated 20.04.2012
which reads as hereunder:
48. It is thus, clear that there must be
infrastructural facilities already provided or to be
provided to certain properties that have been
benefited or likely to be benefited for such
improvement expenses. Though, the relationship
between the service rendered and the fee collected
cannot be established with is mathematical
exactitude, there should be relationship between the
service rendered and the fee collected and that
relationship has to be reasonable. Unless, the
Corporation makes a systematic exercise to list out
the infrastructure and the services that is required
or intended to be rendered to the newly added
localities or extensions into the BBMP and unless it
shows that by and large there is a quid pro quo, it
cannot be said that there is a reasonable
relationship between the levy of the fee and the
service rendered. Unless, such reasonable
relationship between the two is established, the
action cannot stand the test as laid down in the
decision of the Hon’ble Apex Court in the case of
SRINIVASA GENERAL TRADERS VS. STATE OF
ANDHRA PRADESH - (1983)4 SCC 353. Again in the
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recent decision of the Apex Court in the case of
BANGALORE DEVELOPMENT AUTHORITY VS.
AIRCRAFT EMPLOYEES CO-OPERATIVE SOCIETY
LTD., AND OTHERS in CIVIL APPEAL NOS.7503-
7537/2002 DECIDED ON 24.01.2012, the Apex
Court after referring to the judgment in Srinivasa
General Traders case and several other judgments
rendered earlier including the judgment in the case
of OM PRAKASH AGARWAL ETC., VS. GIRI RAJ
KISHORI AND OTHERS – AIR 1986 SC 726 and in
the case of ITC LIMITED VS. STATE OF
KARNATAKA – 1985(SUPPL.) SCC 476, it is made
clear that the element of quid pro quo is not
possible or even necessary to be established with
arithmetical exactitude. But it must be established
broadly and reasonably that the amount was being
spent for rendering services to those on whom the
burden of fee falls. In the said judgment, the Apex
Court while repelling the challenge made to the
condition imposed by the BDA requiring the House
Building Co-operative Society Limited for
augmentation of electricity and transportation etc.,
has held that the same could not be termed as the
demand made by the BDA that amounts to levy of
tax and was ultra vires Article 265 of the
Constitution.
(emphasis supplied)
13. From a reading of the emphasized portion, it
is seen that this Court had clearly indicated that unless
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a systematic exercise to list out the infrastructure and
the services that is required or intended to be rendered
to the newly added locality or extensions is made and
unless it shows that there is by and large quid pro quo,
the levy of fee would not be justified.
14. That being the case, in order to contend that
a systematic exercise has been undertaken by listing
out the infrastructure to be provided and the cost that
would be incurred for providing the same, calculated on
the basis of the PWD rates, the learned senior counsel
for the respondent has relied upon the report dated
21.07.2012 of the committee which had been set up for
the said purpose (Annexure-R.1). The details of the work
required to be undertaken as listed out, as also the cost
incurred in respect of the sub-divisions in each zone
which is enclosed to the report at Annexure-R.2 is also
referred to.
15. In order to consider as to whether the said
exercise would satisfy the requirement as indicated by
this Court, a perusal of the report of the committee
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would disclose that the committee met on four dates
indicated therein and had taken note of the expenses
that would be incurred towards road construction,
drainage and street lighting in respect of the layout.
Such expenses that would be required in
Mahadevapura, Bommanahalli, Yelahanka and
Rajarajeshwarinagar divisions were taken into
consideration. The expenses to be incurred was taken
in relation to the area of the land for which it was
provided and accordingly, the cost per sq. mtr was
worked out in respect of the four zones which were at
Rs.878/-, Rs.1070/-, Rs.1054/- and Rs.880/-
respectively. The average of the expenses in relation to
the four zones was taken at Rs.970/- per sq. mtr. Since
at an earlier point some amount had been collected and
expended, a deduction of 40% was made towards the
expenses already incurred and therefore the cost was
worked out at Rs.560/- per sq. mtr. and was rounded of
to Rs.550/- per sq.mtr and recommendation for
collection of the same was made. The standing
committee and the Council has approved the same. In
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that view, the circular dated 28.09.2012 was issued
fixing the said amount and directing collection of the
same in the manner indicated therein.
16. The above process would no doubt indicate
that certain procedure has been followed, but the
question for further consideration is as to whether the
manner in which the amount has been determined
would indicate that it is based on a systematic exercise
to list out the infrastructure provided and required to be
provided in the newly added localities or extensions. To
look into this aspect of the matter, at the outset, it is
also necessary to notice that the improvement charges
sought to be collected is only in respect of particular
type of properties by exercising the power under Section
466(b) of the Act and not all properties which are situate
within BBMP jurisdiction. It is therefore sought to be
recovered as provided under the Rules that has been
framed for the purpose. To that extent, there is no
difficulty, as such imposition is held as not
discriminatory as seen from the decision in the case of
Bangalore Development Authority vs. Aircraft
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Employees’ Co-operative Society Ltd and ors
(2012(3) SCC 442) relied upon by the learned senior
counsel for the respondents and that decision was also
considered in the earlier order.
17. In that view, a perusal of the Karnataka
Municipal Corporation (Recovery of improvement
expenses ) Rules 2009 at Rule 2(b) defines ‘improvement
expenses’ while Rule 3 would provide with regard to the
type of property liable for levy of expenses incurred as a
fee. It would be appropriate to extract the said provision
and notice the requirement for the purpose of better
understanding:
2(b) “improvement expenses” means such of
the improvement expenses incurred by the
Commissioner under clause (b) of section 466 of
the Act and also includes expenses pertaining to
the following works namely:-
i) formation of roads by metaling, asphalting,
leveling of roads, improvement of roads,
concreting of roads, construction of bridges
and flyovers to reach a group of houses or
locality or an extension;
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ii) formation of drains, improvement of drains,
coverage of drains;
iii) providing water supply, sewerage, system
treatment plants, construction and
improvement storm water drains;
iv) providing street lighting, road median
lighting, park, play ground and other lights
in public places; and
v) such other works and civic amenities as may
be notified by the State Government, by
notification.
3. Property liable for levy of expenses.-
Improvement expenses shall be levied and
recovered on the properties that are directly or
indirectly benefited as a result of the improvement
expenses incurred by the Commissioner towards
creation of basic infrastructure and for such other
works to improve the general living condition of
citizens and includes expenses incurred on land
newly converted from agriculture use to non-
agricultural purposes.”
(emphasis supplied)
18. If Rule 2(b) and the emphasized portion in
Rule 3 are construed together, the amount incurred by
the Commissioner towards improvement expenses
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should be expenses incurred towards creation of basic
infrastructure and for such other works to improve the
general living conditions of the citizens and includes
expenses incurred on land newly converted from
agriculture use to non-agricultural purpose. Though
the learned senior counsel for the respondents has
relied on the decision of the Hon'ble Supreme Court in
the case of Sona Chandi Oal Committee and ors vs.
State of Maharashtra [(2005)2 SCC 345) to contend
that when a fee is being imposed, it is not necessary
that it should be uniform or that quid pro quo is a must
and an overall purpose of the imposition, if shown is
sufficient, the said decision would not be of much
assistance herein since the fee sought to be collected is
based on a Rule which enumerates the purpose of such
levy on a particular class of property owners. Hence,
what is provided in the Rules is to be construed.
19. Hence, while keeping the instant Rules in
perspective, what cannot also be lost sight is that even
in respect of the other areas which fall within the
jurisdiction of the Mahanagara Palike i.e., the areas
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which constituted BMP prior to 2007, the BBMP has a
duty to maintain and improve the common facilities.
For example, Section 222, 266 etc., of the KMC Act
enjoins upon the Corporation to maintain the public
streets, water lines, sewers, repair and make
improvements thereto which are necessary for public
safety or convenience. Therefore, though the collection
of improvement charges cannot be said as
discriminatory, when the BBMP is even otherwise
required to carry out maintenance and improvement
work in all areas and when such work is carried out by
incurring the expenses from its funds which are
collected by way of property tax etc, whether the details
of the construction provided in Annexure-R.2 would by
itself be sufficient to indicate that the said expenses are
not for the regular maintenance but is incurred towards
creation of basic infrastructure as provided under Rule
2(b) and 3 of the Rules is a matter which requires
consideration, before this Court accepts the mere
preparation of the estimate for a particular year as a
systematic exercise carried out by listing out the
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infrastructure that is required to be undertaken as
indicated by this Court in its earlier order.
20. In that regard, in the instances taken at
random by the respondents for consideration of the
same by the committee in respect of two wards each
from the four different zones which fell for consideration
before the committee and relied upon before this Court
as Annexure-R.2 series needs closer scrutiny. If the list
containing the work relating to Rajarajeshwarinagar
Zone is taken as an instance, it is indicated as the
BBMP estimate for 2011-12 and the nature of the work
to be undertaken in the particular area as listed out
therein. Though it indicates the expenses that would be
incurred for undertaking the said work during the said
financial year, it is for the period after nearly four years
since the area has come within the jurisdiction of
BBMP. From the document by itself, it cannot be
gathered as to whether the works listed therein is by
way of creation of infrastructure or as to whether it is
towards the regular maintenance and upkeep work of
the area like in all other areas including the old BMP
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area regarding which in any event a duty is cast on the
BBMP as indicated above. The committee though is
stated to have met on four occasions and have
ultimately resolved on 21.07.2012, the consideration
therein does not indicate that the committee has
bestowed its attention to any other materials available
on record to conclude that the said area when it was
handed over to the BBMP did not have the basic
infrastructure and as such the amount being incurred
is for creation of such infrastructure. The estimate
looked into is for the year 2011-12 since the amount
worked out therein is indicated in tabular form in the
report and not the list of entire work undertaken from
2007 to provide infrastructure and the additional work
that is required, except making a vague reference that
the Engineering department has estimated from 2008-
09 onwards and the rate would be as stated therein. In
the absence of the same, as to how the committee has
arrived at a conclusion that 40% work is already
undertaken and the rate for remaining work was fixed is
not clear and the entire consideration appears to be very
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casual which certainly cannot be accepted as a
systematic exercise.
21. An objective consideration was required more
so due to the fact that the liability for payment of
improvement charges is being cast only on the property
owners whose property is situate within the new areas
which has been included in the larger urban area to
constitute the BBMP and such imposition of
improvement charges is not levied on the property
owners who own properties in the areas which existed
within the BMP jurisdiction before it became BBMP.
Therefore, when a higher liability is cast on one class of
citizens though as a fee on quid pro quo basis for a
specific purpose as provided under the Rules, that class
of citizens should be satisfied that they are getting more
facilities than the usual facilities which is being
provided to all the other citizens so as to bring it on par
with the old area which has such infrastructure, which
this area did not have and to that extent, the quid pro
quo as indicated would be satisfied though it need not
be with mathematical exactitude as indicated in the
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earlier order. Hence, in my opinion, at least the
minimum exercise of ensuring the same should have
been undertaken.
22. As noticed, while presently fixing the amount
at Rs.550/- per sq mtr, the exercise carried out is to
look into the work that would be undertaken in two
wards in each of the four zones for the years 2011-12.
At that stage of determination, such random
consideration would no doubt be sufficient and there
need not be reference to every nook and corner, but
what is conspicuous is that even in respect of those two
wards, there is no demarcation as to what is provided as
infrastructure since 2007, though having only taken
note of the estimate of 2011-12. Certainly, the work of
maintenance and upkeep such as asphalting of roads,
construction/improvement of culverts, street lighting
etc would be carried out in the old BMP area also in
view of the statutory duty under the Act and in this
regard, the estimate towards the expenses for the years
2011-12 would have also been prepared in respect of
those areas as well. The committee has not made any
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reference to that aspect of the matter to consider as to
whether there is a marked difference towards the
expenses incurred or to be incurred in the different
wards of the old BMP areas as compared to the
presently included BBMP areas so as to conclude that if
there is greater expenses incurred in the newly added
areas of BBMP, the same is towards the additional
infrastructure that was required to be provided in the
newly added areas. Such random sampling as done
presently could have been done in respect of the old
area for such comparison and it could have also been
one of the exercise to compare the nature of the
additional expenses and thereafter to conclude that
such additional expenses is for creation of
infrastructure and as to whether the additional
expenses incurred in newly added area as compared to
the old area should alone be construed as the
improvement expenses keeping in view the definition of
Rule 2(b) and requirement of Rule 3 of the Rules as it
provides regarding creation of infrastructure.
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23. It is in that regard, the contention that the
earlier local authority within whose jurisdiction the
property was situate would have provided same amount
of facility also becomes relevant and the BBMP in all
cases cannot construe it as if they are developing the
land for the first time as being done by BDA, KHB etc.
Such other methods which would have also resulted in
a systematic consideration could have been followed
instead of merely listing out the work that is to be
undertaken and divide the expenses for the areas
situate in the Ward and working it out for the sites of
different dimension and on acre basis. The rationale
behind such imposition also does not appear to be fair.
As per the calculation presently provided if a property
owner owns one acre of land in the area which has
come within the BBMP, he would have to presently pay
the improvement charges of Rs.22,26,580/-. This has
no relation to the manner in which the property would
be utilized by such owner if it is still vacant or the
manner in which it has been developed, if such property
is already developed in a particular manner. At first
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blush, it will appear as a buy back. No doubt, if the
property is developed to construct huge complex either
residential or commercial, it will be a burden on the
existing infrastructure which may not be sufficient.
But, at the same time, there are also bye-laws in place
to regulate these aspects from the stage of grant of
licence. The manner in which it should be imposed on
different types of utilization of such properties are all
matters which should go into a systematic exercise to be
done by the respondents who are not only the statutory
authorities, but are also experts in the field. The
decision taken by them should appeal to the Court as
fair and reasonable. The present exercise undertaken
does not give such impression.
24. One other aspect of the matter is also that the
improvement charges are being collected only in respect
of private layouts which are not approved by BDA or
any other local authority and land converted for non-
agriculture. This has been stated in the additional
objection statement and it is clarified that the layouts
formed by KHB, BDA, KIADB, KSSIDC etc, no
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improvement charges are levied, which in effect would
mean that it would not be imposed on owners of sites in
private layout if it is approved by BDA or any other local
authority. Hence, that exercise to separate the grain
from the chaff also has to take place either before the
improvement charge is worked out or before it is
demanded. The learned senior counsel appearing for
the petitioners has also referred to some of the
petitioners having formed the layout in accordance with
law and also having deposited amount with BWSSB,
BESCOM etc. Similarly, learned counsel for the
petitioner in W.P.No.45223/2012 has referred to
payment of betterment charges made to the panchayat.
Therefore, in such cases, the owners should have an
opportunity to establish compliances when the property
was situate in the earlier dispensation so as to eliminate
double levy. Hence, at least after determination and
when the demand is made, an opportunity should be
available to seek deduction or adjustment on
submission of proof of payment. A method should be
deviced in this regard if the respondent would not be in
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a position to do it earlier. If this and all the other
aspects noticed above are taken into account, the
present exercise followed would not satisfy the
requirement stated by this Court. The matter requires
reconsideration by the respondents.
25. That being the position, the impugned circular
dated 28.09.2012 fixing the amount of improvement
charges at Rs.550/- per sq. mtr and seeking recovery of
the same is not sustainable. Further, the demand
notices issued to the petitioners in the present
circumstance is also liable to be set aside. Despite this
Court in the earlier order dated 20.04.2012 holding that
the payment of improvement charges cannot be made a
condition for change of khatha, in several of the
endorsements issued to the petitioners in response to
the application for change of khatha/registration of
khatha etc., such condition is imposed. This Court had
considered the provision in Section 467 of the KMC Act
and has held that in such circumstance, change of
khatha cannot be made conditional. No doubt,
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subsequently a circular dated 05.01.2013 is issued
which is inconsequential at this stage.
26. In the result, the following;
ORDER
i) The above writ petitions are allowed in part.
ii) The circular dated 28.09.2012 which is
impugned in all these petitions is quashed.
iii) As a consequence, the demand notices
issued for payment of improvement charges
at the rate of Rs. 550/- per sq.mtr. and also
making it a pre-condition for registration/
transfer / bifurcation / amalgamation of
khatha, grant of sanction plan etc. is held
unsustainable.
iv) The statutory respondents are directed to
consider the request of the petitioners for
registration / transfer / bifurcation /
amalgamation of khatha, grant of sanction
plan etc., in accordance with law, if they are
otherwise entitled to.
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v) The respondents are reserved liberty to re-do
the process afresh to determine the
appropriate improvement expenses in the
light of the observations made in the order
dated 20.04.2012 in W.P.No.18014/2011
and connected petitions and the
observations made hereinabove.
vi) The improvement charges paid in part or in
full by any of the petitioners, will remain
subject to re-determination and adjustment
or adjustment towards any other future
demands.
vii) In view of disposal of the petitions, all
pending IAs also stand disposed.
viii) No order as to costs.
Sd/- JUDGE akc/bms