SMT SHAKUNTHALAMMA v. BRUHATH BANGALORE MAHANAGARA PALIKE
WP/6087/2025 · 2025-04-07
S Sunil Dutt Yadav
body2025
DailyLaw.ai
[ 2025 DAILYLAW 18809 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 18809 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:14629 WP NO.6087 OF 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 07TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE S. SUNIL DUTT YADAV WRIT PETITION NO.6087 OF 2025 (LB-TAX) BETWEEN:
SMT. SHAKUNTHALAMMA D/O LATE N.M. BYRAPPA, W/O M. HANUMANTHAIAH, AGED ABOUT 78 YEARS, R/AT NO.18, PRANAV, 1ST CROSS, 2ND FLOOR 'A', R.M.V. 2ND STAGE, BENGALURU NORTH, SADAHSIVANAGR, BENGALURU - 560 080. …PETITIONER (BY SMT. POONAM S. PATIL., ADVOCATE) AND:
1. BRUHATH BANGALORE MAHANAGARA PALIKE (BBMP) HEAD OFFICE AT: HUDSON CIRCLE, BENGALURU - 560 002 REPRESENTED BY ITS COMMISSIONER. 2. REVENUE OFFICER BRUHATE BENGLAURU MAHANGARA PALIKE (BBMP), 2ND FLOOR BBMP COMPLEX, 5TH MAIN, MAHAKAVI KUVEMPU ROAD, MALLESWARAM, BENGALURU - 560 003. …RESPONDENTS (BY SRI.PAWAN KUMAR, ADVOCATE) Digitally signed by VIJAYA P Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:14629 WP NO.6087 OF 2025
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET- ASIDE THE AUCTION NOTICE DATED 29.01.2025 ISSUED BY THE RESPONDENT NO.2 VIDE ANNEXURE-A; DIRECT THE RESPONDENTS TO RECOVER THE PROPERTY TAX IN RESPECT OF THE LAND IN PROPERTY BEARING NO.1, VENKATESHWARA EXTENSION, MATHIKERE, FROM THE RESPECTIVE OWNERS AS PER THE ORDER DATED 16.03.2024 IN F.D.P. NO.60/2024 VIDE ANNEXURE-B; 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
The petitioner has filed the present petition seeking to set-aside the Auction Notice dated 29.01.2025 (Annexure-A) issued by the respondent No.2 at Annexure-A and to direct the respondents to recover the property tax in respect of the land in property bearing No.1, Venkateshwara Extension, Mathikere, from the respective owners as per the order dated 16.03.2024 (Annexure-B) passed in F.D.P. No.60 of 2024. 2. This Court, during the pendency of the present proceedings had directed the petitioner to appear before the Assistant Revenue Officer of the respondent-BBMP on
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NC: 2025:KHC:14629 WP NO.6087 OF 2025 24.03.2025 and to clarify her stand and queries of the respondent-BBMP. 3. Sri. Pawan Kumar, learned counsel for respondents submits that the Tax dues have been satisfied. In light of the same, it is submitted that the respondents would not proceed in terms of Auction Notice produced at Annexure-A.
4. The said submission of the learned counsel for respondents is taken on record. 5.
It is further submitted by learned counsel for the petitioner that, after hearing before the Assistant Revenue Officer as directed by this Court on 17.03.2025 and after having clarified regarding the Taxes dues, the petitioner had sought for issuance of E-Khata as regards 'C' schedule property as mentioned in the F.D.P. No.60 of 2014. In this regard, a memo is filed along with the copy of the representation dated
24.03.2025. 6. In light of the above submission of learned counsel for the parties, as the representation dated 24.03.2025 (Annexure-F) has been made by the petitioner to the respondent-BBMP during the course of the appearance of the
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NC: 2025:KHC:14629 WP NO.6087 OF 2025 petitioner before Assistant Revenue Officer of the respondent- BBMP, the same may be considered by the respondent-BBMP and decision taken expeditiously as per law. Therefore the respondents are directed to consider the representation of the petitioner dated 24.03.2025 (Annexure-F) and take decision as expeditiously as possible in accordance with law. Accordingly, writ petition stands disposed of. Sd/- (S SUNIL DUTT YADAV) JUDGE ARK List No.: 1 Sl No.: 30