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2025 DAILYLAW 37950 (KAR)

THE BELLARY DISTRICT GALIB CENTENARY COMMITTEE, v. THE STATE OF KARNATAKA

WP/106734/2025 · 2025-09-23

Suraj Govindaraj

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:12929 WP No. 106734 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 23RD DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 106734 OF 2025 (LB-TAX) BETWEEN: THE BELLARY DISTRICT GALIB CENTENARY COMMITTEE, BY ITS SECRETARY, WARD NO.34, JAYANAGAR, BALLARI, KHATEEB SYED SHABIR AHMED AGE: 70 YEARS, OCC. SECRETARY, R/O. WARD NO.34, JAYANAGAR, BALLARI. …PETITIONER (BY SMT. GAYATRI S.R., ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF URBAN DEVELOPMENT, BY ITS PRINCIPAL SECETARY, VIDHANA SOUDHA, DR. AMBEKAR VEEDI, BENGALURU-01. 2. THE BALLARI CITY CORPORATION R/BY ITS COMMISSIONER, GADAGI CHENNAPPA CIRCLE, (ROYAL CIRCLE), BALLARI-583101. 3. THE DIVISIONAL COMMISSIONER, DIVISIONAL OFFICE-3, THE BALLARI CITY CORPORATION, GADAGI CHENNAPPA CIRCLE, (ROYAL CIRCLE), BALLARI-583101. …RESPONDENTS (BY SRI.SHARAD V. MAGADUM, AGA FOR R1 TO R3) Digitally signed by SAROJA HANGARAKI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:12929 WP No. 106734 of 2025 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO A. ISSUE A WRIT IN THE NATURE OF CERTIORARI QUASHING THE IMPUGNED UNDATED NOTICE ISSUED BY THE 3RD RESPONDENT WHICH ARE PRODUCED AT ANNEXURE-D. B. ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENT NO. 2 AND 3 TO PASS AN ORDER EXEMPTING THE EDUCATIONAL INSTITUTIONS FROM PAYING PROPERTY TAX UNDER SECTION 110 OF KARNATAKA MUNICIPAL CORPORATION ACT. C. ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENT NO.2 AND 3 TO REFUND THE TAX COLLECTED BY THE PETITIONER TILL DATE. THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THERIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioner is before this Court seeking for the following reliefs: a. Issue a writ in the nature of certiorari quashing the impugned undated notice issued by the 3rd respondent which are produced at Annexure-D. b. Issue a writ in the nature of mandamus directing the respondent no. 2 and 3 to pass an order exempting the educational institutions from paying property tax Under Section 110 of Karnataka Municipal Corporation Act. c. Issue a writ in the nature of Mandamus directing the Respondent no.2 and 3 to refund the tax collected by the petitioner till date. d. Issue such other writ or order as deemed fit in the interest of Justice and Equity. - 3 - HC-KAR NC: 2025:KHC-D:12929 WP No. 106734 of 2025 2. A memo singed by the petitioner and learned counsel for the petitioner, has been filed, which reads as under; “The undersigned herein most respectfully submits that the petitioner inadvertently has filed two writ petition on the same cause action and in view of allowing of WP No.105505/2024 petitioner may be permitted to withdraw this petition.” 3. Accepting the said memo and submission of the counsel for the petitioner, petition is dismissed as withdrawn. 4. In view of disposal of the writ petition, pending interlocutory applications, if any, do not survive for consideration and are disposed of accordingly. Sd/- (SURAJ GOVINDARAJ) JUDGE VB Ct:pa List No.: 1 Sl No.: 218