M/S ZONASHA ESTATES AND PROJECTS PVT LTD v. THE STATE OF KARNATAKA
WP/23609/2021 · 2026-01-31
M G S Kamal
body2026
DailyLaw.ai
[ 2026 DAILYLAW 49373 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 49373 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:5526 WP No. 23609 of 2021
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. 23609 OF 2021 (GM-RES) BETWEEN:
M/S. ZONASHA ESTATES AND PROJECTS PVT. LTD., HAVING ITS REGISTERED OFFICE AT NO.1075, 3RD FLOOR, 12TH MAIN 8TH CROSS, INDIRANAGAR BANGALORE-560 038 REPRESENTED BY ITS DIRECTOR AND AUTHORISED SIGNATORY SRI. R. NAGARAJ …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 COMMANDANT GENERAL HOME GUARDS AND DIRECTOR GENERAL FIRE FIGHTING AND EMERGENCY SERVICES DEPARTMENT
Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:5526 WP No. 23609 of 2021
NO.1, ANNASWAMY MODALIYAR ROAD BENGALURU-560 042 …RESPONDENTS (BY SMT. B.P. RADHA, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE GOVERNMENT ORDER DTD. 13.09.2019 ISSUED BY THE R-1 AS CONTAINED IN ANNX-E, 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 AND QUASH THE DEMAND NOTE BEARING DTD. 09.12.2021 ISSUED BY R-2 AS CONTAINED IN ANNX-H 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
1. Petitioners are 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 2019 dated 13/09/2019 issued by the 1st Respondent as contained in ANNEXURE-E, 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;
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HC-KAR NC: 2026:KHC:5526 WP No. 23609 of 2021
ii. grant an order, direction or writ in the nature of certiorari quashing the demand note bearing No. KSFES/DemNo/2586/21-22 dated 09/12/2021 issued by 2nd Respondent, as contained in ANNEXURE-H; iii. 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; iv. 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:
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HC-KAR NC: 2026:KHC:5526 WP No. 23609 of 2021
ORDER (i). Petition is allowed in part. (ii). Impugned demand note dated 09.12.2021 as per Annexure-H, 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.: 15