- 1 - NC: 2025:KHC:9464 WP No. 6343 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 6343 OF 2025 (LB-BMP) BETWEEN: 1. M/S SUMADHURA BUILDWELL PRIVATE LIMITED A COMPANY REGISTERED UNDER INDIAN COMPANIES ACT OFFICE AT NO.14 & 158, PATTANDURU AGRAHARA VILLAGE, WHITE FIELD, BENGALURU-560 066. REPRESENTED BY ITS AUTHORISED SIGNATORY/DIRECTOR, SRI. G. MADHUSUDHAN, … PETITIONER (BY SRI. RAJU S., ADVOCATE) AND: 1. THE COMMISSIONER BRUHAT BENGALURU MAHANAGARA PALIKE, N.R. SQUARE, BENGALURU-560 002. 2. THE ASSISTANT REVENUE OFFICER, WHITEFIELD SUB-DIVISION, BRUHAT BENGALURU MAHANAGARA PALIKE, MAHADEVAPURA, BENGALURU-560 066. … RESPONDENTS (BY SRI. PAWAN KUMAR., ADVOCATE) Digitally signed by PRAKASH N Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:9464 WP No. 6343 of 2025 THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ENDORSEMENT BEARING NO. 2024-25 DATED 24/02/2025 AS PER ANNEXURE-C 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 called in question the validity of endorsement at Annexure-C dated 24.02.2025, whereby the petitioner has been called upon to pay betterment levy with interest upon request for amalgamation of Katha. 2. Learned counsel for petitioner submit that this court by order passed on W.P.No.28654/2023 as well as W.P.No.14446/2024 has specifically held that insistence on payment of betterment charges as a pre-condition for transferring the Katha is impermissible. 3. Perused the order passed in W.P.No.28654/2023 as well as W.P.No.14446/2024. - 3 - NC: 2025:KHC:9464 WP No. 6343 of 2025 4. The observation made at para 2 in W.P.No.14446/2024 reads as follows: "Learned counsel for the petitioner submits that the impugned endorsement dated 28.05.2024 could not have been issued by respondent No.2- Assistant Revenue Officer, BBMP, Whitefield Sub- Division, having regard to the law laid down by this Court in the case of S.R. Constructions Partner Vs. State of Karnataka and Others reported in 2013(3) Karnataka Law Journal 588 and in view of various other orders passed by this Court including the case of B.N. Byregowda Vs. The Commissioner, BBMP and Another in W.P. No.28654/2023 dated 20.12.2023, wherein following the said judgment in M/s S.R. Constructions, this Court has held that the BBMP cannot mandate the payment of betterment charges as pre-condition for registration/transfers/ bifurcation/ amalgamation of katha and/or grant of sanction of plan." 5. In light of such observations having attained finality, the endorsement at Annexure-C would not come in the way of considering the request of the petitioner for amalgamation of Katha. - 4 - NC: 2025:KHC:9464 WP No. 6343 of 2025 6. Needless to state, such demand that is raised is a matter that could still be insisted upon, subsequent to considering the plea for amalgamation of Katha by the respondent as per the procedure under law. All other procedural requirements that may be required for considering the amalgamation of Katha is to be met by the petitioner. 7. Accordingly, the petition stands disposed off. Sd/- (S SUNIL DUTT YADAV) JUDGE NP