- 1 - NC: 2025:KHC:15261 WP No. 9229 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 9229 OF 2025 (LB-BMP) BETWEEN: 1. SRI. RAVI. B. PATIL AGED ABOUT 54 YEARS, SON OF BASAVANAGOWDA. B. PATIL, RESIDING AT NO. 46, KALPATHARU PARADISE, 4TH CROSS, RMV 2ND STAGE, BHOOPASANDRA, BENGALURU-560 094. … PETITIONER (BY SRI. CHANDAN K., ADVOCATE) AND: 1. BRUHAT BENGALURU MAHANAGARA PALIKE REP. BY THE COMMISSIONER, N. R. SQUARE, BENGALURU-560 002. 2. THE ASSISTANT REVENUE OFFICER, HEBBAL RANGE, BBMP, OPPOSITE FUN WORLD, JAYAMAHAL, BENGALURU-560 046. … RESPONDENTS (BY SRI PAWAN KUMAR, ADVOCATE) Digitally signed by VIJAYA P Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:15261 WP No. 9229 of 2025 THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED NOTICE BEARING NO. ARO(HBL)/W- 19/PR-150/2020-21 DEMANDING RS. 81,759/- FROM YEAR 2016-2017 FOR FLAT NO. 46/1 VIDE ANNEXURE-G ISSUED BY RESPONDENTS AND ETC. THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S SUNIL DUTT YADAV ORAL ORDER Petitioner has sought for setting aside of the notices at Annexures-G, H, J and K, whereby demands have been raised, which according to the petitioner is not tenable as demands are raised construing the properties as being used for commercial purpose while they are residential apartments. Petitioner has also sought for considering his representation at Annexure-L. 2. During the pendency of the present proceedings, this Court by order dated 27.03.2025 had passed certain directions including a direction to respondent - BBMP to carry out spot inspection in the - 3 - NC: 2025:KHC:15261 WP No. 9229 of 2025 presence of the petitioner. The order passed on 27.03.2025 reads as follows: Learned counsel for the petitioner submits deficit court fee is paid. In light of the submission that the annexures produced, do not have a date, the office objection is kept in abeyance for the present. Learned counsel for the petitioner submits that the property in respect of which demand is raised is a residential property. However, in terms of the impugned demand notices, the Revenue Inspector's report refers to non-residential use and in accordance with such report, demand is raised. It is submitted that such demand raised with respect to residential property is not legally tenable. Subject to further consideration, there would be stay of Annexures - G, H, J and K, till the next date. In light of the assertion made, the respondent- BBMP to carry out a spot inspection in the presence of the petitioner. Petitioner to be present at the site on 05.04.2025 at 11.30 am. - 4 - NC: 2025:KHC:15261 WP No. 9229 of 2025 Re-list the matter on 09.04.2025. 3. Sri. Pawan Kumar, learned counsel appearing for respondent - BBMP has filed a memo and enclosed copy of the Mahazar along with certain other documents and photographs and power consumption bills. 4. Perused the mahazar and the documents enclosed along with the memo. The Mahazar would indicate that the apartments are being used for residential purposes. 5. Learned counsel for respondent - BBMP submits that inspection report may be treated to be inspection report in terms of Section 144(13) of the Bruhat Bengaluru Mahanagara Palike Act, 2020 and the respondent - BBMP would re-look into the matter on the basis of the report furnished. 6. Taking note that the demands at Annexures-G to K are on the premise that the revenue inspector report had indicated that the buildings are being used for non- - 5 - NC: 2025:KHC:15261 WP No. 9229 of 2025 residential purpose which is now found to be contrary to the usage as indicated in the mahazar produced along with the memo filed, it would be appropriate to set aside the demands at Annexures-G to K. The inspection report may be treated as one under Section 144(13) of the Act and the respondent - BBMP is at liberty to proceed further if circumstances so warrant after following the procedure under law. 7. Accordingly, petition is disposed off. Sd/- (S SUNIL DUTT YADAV) JUDGE VP