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2025 DAILYLAW 45395 (KAR)

M PAPANNA v. THE COMMISSIONER BHRUTH BENGALURU MAHANAGARA PALIKE

WP/6465/2022 · 2025-02-25

N S Sanjay Gowda

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Judgment text

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- 1 - NC: 2025:KHC:8238 WP No. 6465 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 6465 OF 2022 (LB-TAX) BETWEEN: 1. M PAPANNA S/O LATE MOTAPPA @ MUNISHAMAPPA AGED ABOUT 68 YEARS, R/AT NO.121 KODIHALLI HAL III STAGE, BENGALURU-560 008 (SENIOR CITIZENSHIP BENEFIT IS NOT CLAIMED) …PETITIONER (BY SRI. B RAMESH., ADVOCATE) AND: 1. THE COMMISSIONER BHRUTH BENGALURU MAHANAGARA PALIKE N R SQUARE, BENGALURU -560 002. 2. THE ASSISTANT REVENUE OFFICER WARD NO.88 BHRUTH BENGALURU MAHANAGARA PALIKE JEEVAN BHIMANAGAR WARD 16TH CROSS BABSAB COLONY BENGALURU-560 008 …RESPONDENTS (BY SRI. S.N.PRASHANTH CHANDRA., ADVOCATE FOR R-1 & R-2) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECTING THE RESPONDENT AUTHORITY TO RE-FIX THE TAX PAYABLE BY THE PETITIONER TO HIS PROPERTY BEARING PID NO. FROM THE ASSESSMENT YEAR 2018-19 ONWARDS, ETC. Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:8238 WP No. 6465 of 2022 THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA ORAL ORDER 1. Learned counsel for the petitioner submits that prayers - a, b, d and e would not survive for consideration. The same is taken on record. 2. He however submits that, prayer – c, which is for issuance of a direction to the authority not to insist upon payment of arrears of tax for the assessment year 1995-96 till 2018-19 would be subsisting. He also submits that, the petitioner has made representations on 19.08.2024 and 22.01.2025 in this regard. 3. In the light of the said submission, the BBMP is directed to consider the request of the petitioner for re-fund of the tax, which the petitioner claims to have paid twice over for the years 1995-96 till 2018 -19. - 3 - NC: 2025:KHC:8238 WP No. 6465 of 2022 4. The BBMP shall take into consideration the two representations of the petitioner, who stated to have been made on 19.08.2024 and 22.01.2025. 5. In addition, the petitioner is also permitted to make one more representation reiterating his request for re-fund of the tax already paid. If such a representation is made, the same shall be consider by the Assistant Revenue Officer within a period of two months from the date of receipt of the copy of this order. 6. This writ petition is accordingly disposed of. 7. 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.: 1