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2025 DAILYLAW 16778 (KAR)

SRI RAVINDRA KUMAR v. THE CHIEF SECRETARY

WP/3875/2025 · 2025-02-11

N S Sanjay Gowda

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:6129 WP No. 3875 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 3875 OF 2025 (LB-BMP) BETWEEN: 1. SRI RAVINDRA KUMAR AGED ABOUT 45 YEARS S/O LATE GOVINDASWAMY R/AT NO 361, 9TH CROSS 6TH BLOCK, NAGARABHAVI, 2ND STAGE BENGALURU 560072. …PETITIONER (BY SRI. SRINIVAS V., ADVOCATE) AND: 1. THE CHIEF SECRETARY GOVERNMENT OF KARNATAKA ROOM NO 321, 3RD FLOOR VIDHANA SOUDHA, BENGALURU 560001. 2. THE COMMISSIONER BRUHAT BENGALURU MAHANAGARA PALIKE (BBMP) N R SQUARE, BENGALURU 560002. 3. THE CHIEF ENGINEER ROAD INFRASTRUCTURE SPECIAL DIVISION BBMP, NR SQUARE, BENGALURU 560002. 4. THE EXECUTIVE ENGINEER ROAD INFRASTRUCTURE SPECIAL DIVISION BBMP, N R SQUARE, BENGALURU 560002 5. ASSISTANT COMMISSIONER (REVENUE AND ADVERTISEMENTS) BRUHAT BENGALURU MAHANGARA PALIKE Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:6129 WP No. 3875 of 2025 NR SQUARE, BENGALURU 560002 …RESPONDENTS (BY SRI. BOPANNA BELLIAPPA., AGA FOR R-1; SRI. B.L.SANJEEV., ADVOCATE FOR C/R-2 & R-5) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA., PRAYING TO QUASHING THE BBMP DEMAND NOTICE BEARING NUMBER SA.AA(JHA)/P.R/820/2024-25 DATED 04.02.2025 (ANNEXURE -M) AS BEARING ARBITRARY, ILLEGAL AND VIOLATIVE OF THE PRINCIPLES OF NATURAL JUSTICE, ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA ORAL ORDER 1. The petitioner is challenging the demand notice whereby a sum of Rs.12,00,90,694/- has been demanded from the petitioner being the arrears of advertisement fee along with interest. 2. It is noticed that the demand notice has not been preceded by a show-cause notice and therefore, it would be appropriate to direct the petitioner to treat the demand notice which is impugned in this petition as a show-cause notice and file a reply within three - 3 - NC: 2025:KHC:6129 WP No. 3875 of 2025 weeks from the date of receipt of a copy of this order. 3. On the said reply being filed by the petitioner, the BBMP shall consider the same and pass appropriate orders within a period of three weeks thereafter. 4. Since, it is the case of BBMP that the petitioner has not paid even the advertisement fee, the petitioner is also directed to deposit a sum of Rs.6 crores within a period of three weeks from the date of receipt of a copy of this order, failing which, the BBMP would be at liberty to enforce the impugned demand notice and the same will not be treated as a show-cause notice. 5. The writ petition is accordingly disposed of. Sd/- (N S SANJAY GOWDA) JUDGE PKS List No.: 2 Sl No.: 1