- 1 - HC-KAR NC: 2025:KHC:47145 WP No. 14184 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ WRIT PETITION NO. 14184 OF 2016 (LB-BMP) BETWEEN: SRI. T. SUDHAKAR S/O BHASKAR CHOUDARY AGED ABOUT 46 YEARS, R/AT SY.NO.35, 5TH CROSS, 80 FEET ROAD, 1ST BLOCK, KORAMANGALA, JAKKASANDRA EXTENSION, BANGALORE-560034 …PETITIONER (BY SRI. NAGARAJA T., ADVOCATE) AND: 1. THE URBAN DEVELOPMENT DEPARTMENT BY ITS SECRETARY, VIDHANA SOUDHA, BANGALORE-560001 2. THE COMMISSIONER BRUHAT BANGALORE MAHANAGARA PALIKE, N.R. CIRCLE, BANGALORE-560 002 3. THE ASSISTANT DIRECTOR BBMP, MAHADEVPURA ZONE, BANGALORE-560048 …RESPONDENTS (BY SRI. K.B.MONESH KUMAR, ADVOCATE FOR RESPONDENT NOS.2 AND 3; NOTICE SERVED ON RESPONDENT NO.1) Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:47145 WP No. 14184 of 2016 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE CIRCULAR BEARING NO.UA(KAM) P.R./3365/2011-12 DATED 01.07.2014 AND 07.07.2014 ISSUED BY 2ND RESPONDENT, THE COMMISSIONER BBMP, BANGALORE AT ANNEXURE-C AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R. NATARAJ ORAL ORDER The petitioner has challenged the Circulars bearing even No.GD(PÀA)¦.Dgï/3365/11-12 dated 01.07.2014 and 07.07.2014 and the consequent demand endorsement bearing No.©©JA¦/ªÀĪÀ/£ÀAiÉÆÃ/59/2015-16 dated 22.02.2016 issued by the respondent No.3. The petitioner has also sought for a writ in the nature of mandamus to direct the respondent No.3 not to insist/demand for payment of improvement charges to issue occupancy certificate. 2. The petitioner claims that the owners of the land bearing Sy.Nos.1/4A, 1/4B1 and 1/4B3 of Panatturu village, Varthuru Hobli, Mahadevpura Sub-Division, Bengaluru, had executed a joint development agreement and contemporaneous - 3 - HC-KAR NC: 2025:KHC:47145 WP No. 14184 of 2016 power of attorney in his favour to construct a residential-cum- commercial complex. After the petitioner developed a residential-cum-commercial complex, the respondent No.3 issued a demand bearing No.©©JA¦/ªÀĪÀ/£ÀAiÉÆÃ/59/2015-16 dated 22.02.2016 demanding improvement charges of Rs.22,52,880/- for the petitioner's portion of development at the rate of Rs.250/- per sq. mtr. based on the Circulars bearing No.GD(PÀA)¦.Dgï/3365/11-12 dated 01.07.2014 and 07.07.2014 issued by the respondent No.2 to issue occupancy certificate. 3. The petitioner is therefore, before this Court challenging the aforesaid Circulars as well as demand. He has also sought for a direction to the respondent No.3 to issue occupancy certificate without insisting for payment of improvement charges. 4. The learned counsel for the petitioner submits that the issue raised in this writ petition is no longer res integra in view of the judgment of the Division Bench of this Court in W.A.No.729/2022 and connected cases. He therefore, prays that this petition may be disposed off on similar lines. - 4 - HC-KAR NC: 2025:KHC:47145 WP No. 14184 of 2016 5. The learned counsel for respondent Nos.2 and 3 does not dispute that a Co-ordinate Bench of this Court had set aside the demand made for improvement charges, which was upheld by the Division Bench of this Court in W.A.No.729/2022 and connected cases. He also does not dispute that the issue raised in this writ petition is squarely covered on all fours by the judgment of Division Bench of this Court in W.A.No.729/2022 and connected cases, referred supra. 6. In that view of the matter, this writ petition stands disposed off on similar lines as mentioned in the judgment of the Division Bench of this Court in W.A.No.729/2022 and connected cases, referred supra. Sd/- (R. NATARAJ) JUDGE PMR List No.: 1 Sl No.: 52