- 1 - NC: 2025:KHC:4485 WP No. 34290 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 34290 OF 2024 (LB-RES) BETWEEN: 1. WEAVERS HOUSE BUILDING SOCIETY, A SOCIETY REGISTERED UNDER THE KARNATAKA CO OPEARTIVE SOCIETIES ACT 1959, NO.2166 NEW NOL.38 1ST FLOOR AKBAR ROAD OPP. TO HANUMANTHU HOTEL MANDI HOMAHAL MYSORE -570 001 REP BY ITS RPESIDEDNT SRI. L S CHELUVARAJ KUMAR AGED ABOUT 56 YEARS. …PETITIONER (BY SRI. SUBRAMANYA R., ADVOCATE) AND: 1. STATE OF KARNATAKA URBAN DEVELOPMENT DEPARMTNE M S BUILDING, BENGLAURU REP BY ADDL. CHIEF SECRETARY. 2. BANGALROE MYSORE INFRASTRUCTURE CORRIDOR AREA PLANNING AUTHORITY O/AT NO.5 SECOND FLOOR LOOPALANE RACE COURSE ROAD BENGALURU 560009 REP GY ITS CHAIRMAN. 3. BANGALORE MYSORE INFRASTURUCTURE CORRIDOR AREA PALANNING AUTHORITY NO.5 SECOND FLOOR LOOPLANE RACE COURSE ROAD Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:4485 WP No. 34290 of 2024 BENGALURU-560 009 REP BY ITS MEMGER SECRETARUY. …RESPONDENTS (BY SMT. SPOORTHI V, HCGP FOR R1; SRI. YOGESH D NAIK, ADVOCATE FOR R2 & R3) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE DEMAND NOTICE DTD. 18.10.2024 ISSUED BY R-3 BEARING NO. BMICAPA/NAYO-2/04/VINYASA/2013-14/1025 (ANNX-A). THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA ORAL ORDER 1. This writ petition is filed challenging a demand notice dated 18.10.2024 vide Annexure – A by which the Planning Authority is demanding a sum of Rs.2,21,54,800/- as penalty from the petitioner on the ground that it had not completed the improvement works within the stipulated period. 2. Learned counsel appearing for the petitioner submits that this entire demand is based on the Government Order dated 22.11.2018, copy of the which is produced at Annexure – Q. - 3 - NC: 2025:KHC:4485 WP No. 34290 of 2024 3. He also submits that this particular Government Order has in fact been quashed by a Co-ordinate Bench of this Court in W.P.No.25302/2023 by an order dated 05.09.2024. 4. It is obvious that in the light of the Government Order dated 22.11.2018 being quashed the consequential demands made by the Planning Authority on that basis would be illegal. Consequently, Annexure – A will have to be quashed. 5. However, learned counsel for the Planning Authority contends that as against the order of the Co-ordinate Bench, an appeal has been preferred, but he however candidly admits that there is no interim order granted in the appeal. In that view of the matter, there is no justification for adjourning the matter and this writ petition is therefore allowed and Annexure – A is quashed. 6. It is needless to state that, in the event, if the Planning Authority succeeds in the appeal, it would be open for them to revive the claim. - 4 - NC: 2025:KHC:4485 WP No. 34290 of 2024 7. As a consequence of this order, the Planning Authority would have to necessarily release remaining 30% of the sites to the members of the petitioner’s society. 8. This entire exercise shall be undertaken and completed within a period of one month from the date of the receipt of the copy of this order. 9. In view of the disposal of the petition, all pending interlocutory applications, if any, stand disposed of. Sd/- (N S SANJAY GOWDA) JUDGE GSR List No.: 1 Sl No.: 25