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2025 DAILYLAW 17338 (KAR)

ST. JOHN THE EVANGELIST CHURCH v. THE CHIEF COMMISSIONER

WP/6464/2025 · 2025-04-28

S Sunil Dutt Yadav

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:17668 WP No. 6464 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 6464 OF 2025 (LB-TAX) BETWEEN: 1. ST. JOHN THE EVANGELIST CHURCH NO.19/1, MARAPPA GARDEN, CHURCH ROAD, J C NAGAR BANGALORE - 560 006 2. ST. J G MARGARET SCHOOL NO.19/1, MARAPPA GARDEN, CHURCH ROAD, J C NAGAR BANGALORE - 560 006 BOTH ARE REPRESENTED BY FR DEVA DASS D S/O LATE JM DEVA PRAKASH AGED 47 YEARS PRESENTLY THE PARISH PRIEST OF ST. JOHN THE EVANGELIST CHURCH AND MANAGER AND CORRESPONDENT OF ST. JG MARGARET SCHOOL … PETITIONERS (BY SRI. JOSEPH ANILKUMAR A., ADVOCATE) AND: 1. THE CHIEF COMMISSIONER BHRUHATH BANGALORE MAHANAGARA PALLIKE (BBMP) Digitally signed by VIJAYA P Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:17668 WP No. 6464 of 2025 N R SQUARE BANGALORE - 560 001 2. THE SPECIAL COMMISSIONER BHRUHATH BANGALORE MAHANAGARA PALLIKE (BBMP) N R SQUARE BANGALORE - 560 001 3. THE ZONAL COMMISSIONER BBMP, REVENUE DEPARTMENT NR SQUARE BANGALORE - 560 002 4. THE JOINT COMMISSIONER BBMP, REVENUE DEPARTMENT, MAYO HALL, ASHOK NAGAR BANGALORE - 560 001 5. ASSISTANT REVENUE OFFICER (ARO) BBMP, VASANTHNAGAR SUB-DIVISION THIMMAIAH ROAD (QUEENS ROAD) BANGALORE - 560 001. 6. REVENUE INSPECTOR JAYAMAHAL BBMP WARD OFFICE WARD NO.62 AND 63, 5TH MAIN ROAD NEAR LADIES CLUB GROUND JAYAMAHAL, BENSON TOWN POST BANGALORE - 46 … RESPONDENTS (BY SRI. SUMANA BALIGA M., ADVOCATE) - 3 - NC: 2025:KHC:17668 WP No. 6464 of 2025 THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECTING TO R5 TO CONSIDER THE REPRESENTATION DATED 05/10/2024 ANNEXURE-Q CONSEQUENTLY ISSUE THE PROPERTY TAX CESS PAID RECEIPT TO THE P2 IN PID NO.92/103-19/1 WITHIN THE TIME DIRECTED BY THIS HON'BLE COURT AND ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S SUNIL DUTT YADAV ORAL ORDER Petitioners have sought for issuance of writ in the nature of mandamus to direct the 5th respondent to consider the representation at Annexure-Q. 2. In terms of the representation at Annexure-Q, the petitioners have sought for a direction to the respondents to issue receipt for the property tax paid. 3. Learned counsel for the petitioners submits that despite cheques issued by the petitioners having been realized, no property tax paid receipt has been issued to the petitioners which has resulted in serious prejudice as the petitioners intend to apply for e-katha which is - 4 - NC: 2025:KHC:17668 WP No. 6464 of 2025 necessary for renewal of recognition by the petitioner – Educational Institution. 4. After sufficient opportunities granted, stand taken by the respondent – BBMP in the memo at Sl. Nos. 2 to 6 is as follows: "2. This respondent could have generated the receipt only after the realisation of the offline payment amount. 3. It is submitted that several thousands of persons had paid the Property Tax through offline during OTS. So, this respondent took a policy decision to generate online receipt for those people and is in the process of developing the module. 4. It is further submitted that there is delay in developing the module due to technical reasons and hence delay in issuing online Property Tax Receipt. Further this respondent undertake to issue the online Property Tax Receipt as soon as the online module starts functioning. - 5 - NC: 2025:KHC:17668 WP No. 6464 of 2025 5. It is submitted that the respondent has issued the acknowledgement to the petitioner for receiving the Property Tax. 6. It is submitted that on 25-4-2025, petitioner had submitted that he needs Property Tax Receipts to apply for e-khata. To avoid inconvenience to the petitioner, this respondent would undertake to process e-khata application if petitioner files without property tax receipt if all other documents required for processing the same are in order. 5. In light of the same, taking note of the stand, in specific at Sl.No.6 of the memo extracted above, petition is disposed off. Needless to state if the petitioners make an application for e-katha, the same to be processed expeditiously taking note of the stand of the respondent, if other conditions as specified are complied with. Sd/- (S SUNIL DUTT YADAV) JUDGE VP