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2024 DAILYLAW 796 (KAR)

ROYAL ENCLAVE PROPERTY OWNERS WELFARE ASSOCIATION (REPOWA) v. THE COMMISSIONER

WP/29263/2024 · 2026-06-15

B M Shyam Prasad

Original Suitbody2024

Judgment text

Extracted from the PDF above. The PDF is authoritative.

WP NO. 29263/2024 (LB - BMP) IN THE HIGH COURT OF KARNATAKA AT BENGALURU [ROYAL ENCLAVE PROPERTY OWNERS WELFARE ASSOCIATION (REPOWA) VS. THE COMMISSIONER AND ANOTHER] 15.06.2026 (VIDEO CONFERENCING / PHYSICAL HEARING) CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD ORAL ORDER ON I.A.No.1/2024 There is a civil dispute over certain portions of land in Sy.No.70 of Rachenahalli Village, K. R. Puram Hobli, Bengaluru East Taluk, Bengaluru. The petitioner, a Welfare Association, seeks directions to the second respondent to raise a demand for payment of arrears of tax and leave to pay such demand. The applicant, a Firm contends that it is the absolute owner of the property and the property is neither a clubhouse or adjunct land as claimed by the petitioner. The dispute between the petitioner and the applicant is pending consideration in O.S.No.9160/2018 on the file of the City Civil Judge, Bengaluru. This Court, on 28.11.2024, has taken on record the applicant's willingness to tender the tax arrears under the One Time Settlement [OTS] as this Court has taken on record the submissions on behalf of the petitioner by Mr. Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - WP NO. 29263/2024 (LB - BMP) Dhananjay V. Joshi, the learned Senior counsel, that the petitioner will not insist upon making payment of tax if the applicant wants to pay taxes under OTS. Thereafter, in terms of the liberty granted, the applicant's representative has filed affidavits. These circumstances do persuade this Court to opine that applicant is a necessary party for the present proceedings, and therefore, the application [I.A.No.1/2024] is allowed calling upon the learned counsel on record for the petitioner to carry out amendment dispensing with filing of amended writ petition. The petition stands disposed of by a separate order. (B M SHYAM PRASAD) JUDGE RB List No.: 1 Sl No.: 16