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2025 DAILYLAW 22359 (KAR)

M/S UNISHIRE HOMES LLP v. THE STATE OF KARNATAKA

WP/9603/2025 · 2025-04-08

S Sunil Dutt Yadav

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:14932 WP No. 9603 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 9603 OF 2025 (LB-BMP) BETWEEN: 1. M/S UNISHIRE HOMES LLP A LIMITED LIABILITY PARTNERSHIP CONCERN, HAVING ITS REGISTERED OFFICE AT NO.36, RAILWAY PARALLEL ROAD, NEHRU NAGAR, KUMARA PARK WEST, BENGALURU - 560 020 PRESENTLY AT NO.42, 2ND FLOOR, CASTLE STREET, ASHOK NAGAR, BANGALORE - 560 025. REP. BY ITS MANAGING PARTNER SRI. PRATIK K. MEHTA S/O KIRTI K. MEHTA. … PETITIONER (BY SRI. G S VENKAT SUBBA RAO., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY DEPARTMENT OF URBAN DEVELOPMENT VIDHANA SOUDHA, BENGALURU-560 001. Digitally signed by VIJAYA P Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:14932 WP No. 9603 of 2025 2. THE COMMISSIONER, BRUHATH BENGALURU MAHANAGARA PALIKE N.R. SQUARE, BENGALURU -560 001. 3. THE JOINT DIRECTOR TOWN PLANNING, N.R.SQUARE, BRUHAT BANGALORE MAHANAGARA PALIKE BENGALURU-560 002. … RESPONDENTS (BY SRI. BOPANNA BELLIAPPA., AGA FOR R1; SRI PAWAN KUMAR, ADVOCATE FOR R2 & R3) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTITON OF INDIA, PRAYING TO QUASH THE IMPUGNED DEMAND NOTICE DATED 28.03.2022, BEARING NO. BBMP/ADDL.DIR/JDNORTH/0290/2012-13, ISSUED BY THE JOINT DIRECTOR (TOWN PLANNING), N.R.SQUARE, BRUHAT BENGALURU MAHANAGARA PALIKE I.E, 3RD RESPONDENT HEREIN, VIDE ANNEXURE-A 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 Petitioner has sought for issuance of writ of certiorari to set aside the impugned demand notice at Annexure-A dated 28.03.2022. - 3 - NC: 2025:KHC:14932 WP No. 9603 of 2025 2. It is the case of the respondent - BBMP that the demand notice at Annexure-A has spent itself and requires to be revalidated. It is submitted that in terms of Bye-Law No.3.12 of the Bangalore Mahanagara Palike Building Bye-Laws, 2003, after the expiry of 45 days from the date of issuance of notice, the same requires to be revalidated. Accordingly, it is submitted that the petitioner may take their stand regarding the validity of the notice raising demand relating to ground rent, etc., upon a fresh notice being issued. 3. Learned counsel appearing for the petitioner submits that in light of non-issuance of fresh demand notice, the proposed developmental activities of the petitioner would be seriously prejudiced. 4. Taking note of the same, the demand notice at Annexure-A is set aside. It is made clear that the respondent - BBMP to issue revalidated demand notice taking note of the subject matter of notice within a period of three weeks from today. All contentions of the - 4 - NC: 2025:KHC:14932 WP No. 9603 of 2025 petitioner regarding the grounds raised as regards the demand at Annexure-A is kept open. 5. The writ petition is disposed off accordingly. SD/- (S SUNIL DUTT YADAV) JUDGE VP