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2025 DAILYLAW 84629 (KAR)

SRI. SARASWATHI EDUCATION SOCIETY v. THE STATE OF KARNATAKA

WP/107559/2025 · 2025-10-15

Anant Ramanath Hegde

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:13960 WP No. 107559 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 15TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 107559 OF 2025 (LB-TAX) BETWEEN: SRI. SARASWATHI EDUCATION SOCIETY, DOOR NO.36/XXV, INFANTRY ROAD, CANTONMENT, BALLARI, BY ITS SECRETARY, K. UMAIR AHMED, AGE. MAJOR, OCC. SECRETARY, R/O. DOOR NO36/XXV, INFANTRY ROAD, CANTONMENT, BALLARI. … PETITIONER (BY SMT. GAYATRI S.R., ADVOCATE) AND: 1. THE STATE OF KARNATAKA, DEPARTMENT OF URBAN DEVELOPMENT, BY ITS PRINCIPAL SECRETARY, VIDHANA SOUDHA, Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:13960 WP No. 107559 of 2025 DR. AMBEDKAR VEEDI, BENGALURU-01. 2. THE GRAM PANCHAYAT, B. BELGAL, BELGAL VILLAGE, DIST. BALLARI, BY PANCHAYAT DEVELOPMENT OFFICER. … RESPONDENTS (BY SRI. V. SHIVARAJ HIREMATH, ADVOCATE FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DECLARE THAT PETITIONER BEING AN EDUCATIONAL INSTITUTION IS EXEMPTED FROM PAYING PROPERTY TAX UNDER KARNATAKA GRAM SWARAJ AND PANCHAYAT RAJ ACT, 1993 IN RESPECT OF THE PROPERTY BEARING SY. NO.498/B1, MEASURING 20.00 ACRES SITUATED AT B-BELGAL VILLAGE, BALLARI TO THE EXTENT WHICH IS USED FOR EDUCATIONAL PURPOSE SITUATED IN B BELGAL VILLAGE DISTRICT BALLARI AND ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENT NO.2 TO REFUND THE TAX COLLECTED BY THE PETITIONER TILL DATE. THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:13960 WP No. 107559 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE) This writ petition is filed seeking for the following reliefs: a. Declare that petitioner being an educational institution is exempted from paying property tax under Karnataka Gram Swaraj and Panchayat Raj Act, 1993 in respect of the property bearing Sy.No.498/b1, measuring 20.00 acres situated at B-Belgal village, Ballari to the extent which is used for educational purpose situated in B-Belgal village district Ballari and b. Issue a writ in the nature of mandamus directing the respondent No.2 to refund the tax collected by the petitioner till date. 2. Learned counsel for the petitioner submits that the issue involved in the petition is covered in terms of the order dated 19.08.2025 in W.P.No.102516 of 2025. 3. Learned counsel for respondent No.2 does not dispute the statement. In the aforementioned case, the Court has held as under: “2. The petitioners are before this Court seeking for the following reliefs: - 4 - HC-KAR NC: 2025:KHC-D:13960 WP No. 107559 of 2025 A. Declare that petitioner no. 1 being an educational institution is exempted from paying property Tax under section Karnataka Gram Swaraj and Panchayat Raj Act, 1993 in respect of the property bearing id no. 150400800100120152 situated in Yadrav. B. Issue a writ in the nature of Mandamus directing the respondent no.2 to refund the tax collected by the petitioner till date. C. Issue such other writ or order as deemed fit in the interest of Justice and Equity. 3. What has essentially been sought is a declaration that the petitioners’ institution is exempt from property tax under the Karnataka Grama Swaraj and Panchayat Raj Act, 1993. The exemption under the said Act is applicable only in respect of property and buildings exclusively used for educational purposes. 4. It is for the petitioner to provide such documents as are necessary to respondent No.2 as regards the property and buildings concerned. Needless to say, if there is any property or building used for purposes other than educational, respondent No. 2 would be entitled to levy property tax. - 5 - HC-KAR NC: 2025:KHC-D:13960 WP No. 107559 of 2025 5. With the above observations, the writ petition stands disposed of.” 4. Since it is not disputed that the issues raised in the petition are covered in terms of order dated 19.08.2025 in W.P.No.102516/2025, the writ petition is disposed of on similar terms as ordered in W.P.No.102516/2025. Sd/- (ANANT RAMANATH HEGDE) JUDGE CLK CT:BCK LIST NO.: 1 SL NO.: 31