- 1 - NC: 2025:KHC-D:1269 WP No. 107851 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 23RD DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.107851 OF 2024 (LB-TAX) BETWEEN: H. DURUGAMMA W/O YAMANURAPPA OCC: PRESIDENT OF GRAMAPANCHAYATH, DANAPUR, AGE ABOUT 55 YEARS, DANAPUR-114 POST HOSPET TQ, VIJAYANAGARA DIST, PIN CODE -583131. …PETITIONER (BY SRI. YOGESH MANOHAR DESAI, ADVOCATE) AND: B.M.M. ISPATH PVT LTD. REPT. BY THE MANAGING DIRECTOR DANAPUR 114 POST HOSPET TQ, VIJAYANAGAR DIST, PIN CODE -583131. …RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENT/COMPANY TO PAY THE DEMAND BILL (TAX) DATED.20/4/2024 IN FULL AMOUNT TO THE PANCHYATH IN ACCORDANCE WITH LAW AS PER ANNEXURE-K, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION IS COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING: GIRIJA A BYAHATTI Digitally signed by GIRIJA A BYAHATTI Date: 2025.01.24 16:40:49 +0530 - 2 - NC: 2025:KHC-D:1269 WP No. 107851 of 2024 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioner is before this Court seeking for the following reliefs: “To issue a writ of mandamus directing the Respondent/company to pay the demand bill (tax) dated.20/4/2024 in full amount to the panchyath in accordance with law as per Annexure-K, in the interest of justice and equity.” 2. The petitioner claims to be the President of the Danapur Gram Panchayat. It is contended that in the jurisdiction of the petitioner, the respondent is carrying on business and tax has not been paid and there being a decision taken by the Panchayat to cause a demand on the respondent. A demand has been made on 20.04.2024. As regards which, the respondent has not made payment of the taxes. It is in that background, the petitioner is before this Court seeking for a mandamus directing the respondent- company to make payment of taxes to the petitioner-Panchayat. 3. The manner, in which the above petition has been filed, is unknown to law. If at all, there any powers of - 3 - NC: 2025:KHC-D:1269 WP No. 107851 of 2024 the Panchayat under the relevant Act, necessary action would have to be taken and the Panchayat cannot approach this Court seeking for a mandamus. 4. I am of the considered opinion that filing of the above petition in the manner as filed, is a complete abuse of the process of this Court to obtain orders from this Court directing the respondent to make payment of taxes. 5. In that view of the matter, I am of the opinion that cost would have to be imposed on the President, who has filed the petition. As such, cost of Rs.10,000/- is imposed, which shall be paid from the personal funds of the President and not from the funds of the Panchayat to the Advocates Clerks Association, High Court of Karnataka, Dharwad Bench, Dharwad on or before 10.02.2025. 6. No grounds having being made out, the above petition stands dismissed. Sd/- (SURAJ GOVINDARAJ) JUDGE AM/-. List No.: 1 Sl No.: 32