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2025 DAILYLAW 60013 (KAR)

MOHIUDDIN SHA QHADRI MINORITY EDUCATIONAL v. THE STATE OF KARNATAKA

WP/107713/2025 · 2025-10-23

Anant Ramanath Hegde

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:14171 WP No. 107713 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 23RD DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO.107713 OF 2025 (LB-TAX) BETWEEN: MOHIUDDIN SHA QHADRI MINORITY EDUCATIONAL AND CHARITABLE SOCIETY, KHAJA GAREEB NAVAZ COLONY, NEAR BHADRI NARAYANA RICE MILL, TQ AND DIST. BALLARI, BY ITS PRESIDENT, CHAND BASHA S/O. WAHAB SAHIB, AGE. MAJOR, OCC. SECRETAY, R/O. KHAJA GAREEB NAVAZ COLONY, NEAR BHADRI NARAYAN RICE MILL, TQ AND DIST. BALLARI – 583 101. …PETITIONER (BY SRI. GAYATRI S. R., ADVOCATE) AND: 1. THE STATE OF KARNATAKA, DEPARTMENT OF URBAN DEVELOPMENT, BY ITS PRINCIPAL SECRETARY, VIDHANA SOUDHA, DR. AMBEDKAR VEEDI, BENGALURU - 01. 2. THE BALLARI CITY CORPORATION, R/BY ITS COMMISSIONER, GADAGI CHENNAPPA CIRCLE, (ROYAL CIRCLE) BALLARI - 583 101. 3. THE DIVISIONAL COMMISSIONER, DIVISIONAL OFFICE- THE BALLARI CITY CORPORATION, GADAGI CHENNAPPA CIRCLE, (ROYAL CIRCLE) BALLARI - 583 101. …RESPONDENTS (BY SRI. ASHOK KATTIMANI, AGA FOR R1; SRI. SHARANABASAVARAJ C.S., ADVOCATE FOR R2 AND R3) Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:14171 WP No. 107713 of 2025 THIS WRIT PETITION IS FILED UNDER ARTILCLE 226 OF THE CONSTITUTION OF INIDA PRAYING TO DECLARE THAT THE PETITIONER BEING AN EDUCATIONAL INSTITUTION IS EXEMPTED FROM PAYING PROPERTY TAX UNDER SECTION 110(1)(I) OF KARNATAKA MUNICIPAL CORPORATIONS ACT 1976 IN RESPECT OF THE PROPERTY BEING USED TO RUN THE EDUCATIONAL INSTITUTION; ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENT NO.2 TO REFUND THE TAX COLLECTED BY THE PETITIONER TILL DATE AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE) 1. Learned concerned the petitioner and respondents jointly submit that the issue raised in the present writ petition is covered in terms of the judgment dated 18.08.2025 passed in W.P.No.102508 of 2025. The operative portion of the order passed in W.P.No.102508/2025 reads as under: “ORDER i. The Writ petition is partly allowed. ii. The respondents are restrained from levying property tax in respect of the portion of the property used exclusively for educational purposes. iii. Liberty is reserved to the respondents to conduct survey of the property, ascertain the portions not exclusively - 3 - HC-KAR NC: 2025:KHC-D:14171 WP No. 107713 of 2025 used for educational purposes, and to issue necessary notices under the applicable provisions of law.” 2. The writ petition is disposed of in terms of the order dated 18.08.2025 passed in W.P.No.102508/2025. Sd/- (ANANT RAMANATH HEGDE) JUDGE AM/- CT-ASC List No.: 1 Sl No.: 20