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2026 DAILYLAW 45752 (KAR)

M/S PRIMROSE HOSPITALITY PVT LTD v. THE STATE OF KARNATAKA

WP/1073/2022 · 2026-01-31

M G S Kamal

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:5527 WP No. 1073 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL WRIT PETITION NO. 1073 OF 2022 (GM-RES) BETWEEN: M/S. PRIMROSE HOSPITALITY PVT. LTD A PRIVATE LIMITED COMPANY HAVING ITS REGISTERED OFFICE AT NO. 17/1 CAMPBELL ROAD BENGALURU-560 047 REPRESENTED BY ITS AUTHORIZED SIGNATORY MR. BIJU P. JOHN …PETITIONER (BY SRI. SAMMITH S, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS DEPUTY SECRETARY DEPARTMENT OF HOME AFFAIRS (POLICE ASSISTANCE SERVICES) VIDHANA SOUDHA BENGALURU-560 001 2. THE DIRECTOR GENERAL OF POLICE AND DIRECTOR GENERAL FIRE FIGHTING AND EMERGENCY SERVICES DEPARTMENT NO.1, ANNASWAMY MODALIYAR ROAD BENGALURU-560 042 …RESPONDENTS (BY SMT. B.P. RADHA, AGA) Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:5527 WP No. 1073 of 2022 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE GOVERNMENT ORDER DTD.13.9.2019 THE GOVERNMENT ORDER DTD.13.9.2019 ISSUED BY THE R-1 AS CONTAINED IN ANNEXURE-F REVISING THE RATES INCLUDING CHARGES FOR ISSUE OF NO OBJECTION CERTIFICATE FOR CONSTRUCTION OF HIGH-RISE BUILDING OTHER THAN TAXES IMPOSED BY THE FIRE DEPARTMENT AND QUASH THE ONLINE DEMAND NOTE DTD.1.2.2020 ISSUED BY THE R-2 AS CONTAINED IN ANNEXURE-J AND ETC. THIS PETITION, COMING ON FOR FURTHER HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL ORAL ORDER Petitioner is before this Court seeking following reliefs: i. grant an order, direction or writ in the nature of Certiorari quashing the Government Order No.M E 11 PÀC¸É 2019dated 13/09/2019 issued by the 1st Respondent as contained in ANNEXURE-F, revising the rates, including charges for issue of No Objection Certificate for construction of high-rise buildings other than taxes imposed by the Fire Department; ii. grant an order, direction or writ in the nature of certiorari quashing the online demand note bearing No. KSFES/DemNo/988/19-20 dated 01/02/2020 issued by 2nd Respondent, as contained in ANNEXURE-J; iii. grant an order, direction or writ in the nature of certiorari quashing the demand note bearing No.GBC(1)338/2012, dated 05/01/2022 issued by 2nd Respondent, as contained in ANNEXURE-K; - 3 - HC-KAR NC: 2026:KHC:5527 WP No. 1073 of 2022 iv. grant an order, direction or writ in the nature of Mandamus, directing the Respondents to issue the NOC for commercial building in the Schedule Property to the Petitioner without insisting on any fee; v. and grant such other relief or reliefs as this Hon'ble Court may deem fit to grant, including cost of the Petitioner, in the facts and circumstances of the case, in the interest of justice and equity.'' 2. Issue raised in this petition has been adverted to and disposed of by this Court in similar writ petitions bearing W.P.No.31197/2018 and connected matters vide order dated 24.09.2019, W.P.No.41423/2019 and connected matters vide order dated 28.08.2024 and in W.P.Nos.9272/2021 C/w 22582/2018 and 28460/2019 vide order dated 28.01.2026 directing the respondent-State to consider the application filed by the petitioner therein in terms of the modified Government Order dated 13.09.2019. 3. The petitioner in the instant case being similarly situated is also entitled for similar reliefs on principle of parity. 4. Accordingly, following: ORDER (i) Petition is allowed in part. - 4 - HC-KAR NC: 2026:KHC:5527 WP No. 1073 of 2022 (ii) Impugned demand note dated 01.02.2020 as per Annexure-J issued by respondent No.2 is quashed. (ii) Respondents are directed to consider the applications of the petitioner in terms of the Government order dated 13.09.2019. Sd/- (M.G.S. KAMAL) JUDGE RL List No.: 1 Sl No.: 16