M/S ELEGANT PROPERTIES vs. THE STATE OF KARNATAKA

- 1 - IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 27TH DAY OF MARCH, 2018

BEFORE

THE HON’BLE MRS.JUSTICE S.SUJATHA

WRIT PETITION Nos.8355-8357/2015, 8363/2015, 8366/2015, 8368/2015, 8369/2015, 9577/2015, 10163/2015, 10201/2015, 10650/2015, 10651- 10654/2015, 10683/2015, 10800-10803/2015, 10809- 10813/2015 & 10814-10816/2015, 11028/2015, 11343/2015 & 12957-12960/2015, 11414/2015, 11418/2015, 11535/2015, 12852/2015 & 12873/2015 (LB-BMP)

IN W.P.Nos.8355-8357/2015:

BETWEEN: 1. Smt. Girija, Aged about 66 years, D/o. late A.C. Ramaswamy,

All are R/at No.29, Ward No.49, 2nd Cross, Gavipuram Extension, Bengaluru – 560 019. ... Petitioners

(By Sri. S.V. Manjunatha, Advocate)

- 2 -

AND:

By its Secretary, Urban Development Department,

4th Floor, Vikasa Soudha, Dr. Ambedkar Veedhi,

Bengaluru – 560 001. ….Respondents

(By Sri. V. Sreenidhi, Advocate for R1 & R2; Sri. M. Munigangappa, HCGP for R3)

These writ petitions are filed under Article 226 of the Constitution of India, praying to quash the Office Order dated 09.06.2010 Annexure–D passed by respondent No.1 and etc.

IN W.P.No.8363/2015:

BETWEEN: M/s. Dhanush Builders, A registered Partnership Firm, Having office at No.15/1, 4th Floor,

- 3 - G.L. Tower, 2nd Main, 7th Cross, N.R. Colony, Near Nettakallappa Circle, Bengaluru – 560 019. Represented by its Partner Sri. M. Thyagaraju, S/o. Chenchu Naidu, Aged about 50 years. ... Petitioner

(By Sri. B. Pramod, Advocate)

AND:

The Urban Development Department,

Vikasa Soudha, Dr.B.R. Ambedkar Veedhi,

Bengaluru – 560 001.

Represented by its Secretary.

….Respondents

(By Sri. M. Munigangappa, HCGP for R1; Sri. V. Sreenidhi, Advocate for R2 & R3)

This writ petition is filed under Articles 226 & 227 of the Constitution of India, praying to quash the Office Order dated 09.06.2010 issued by respondent No.2 (Annexure – F) in so far as the petitioner is concerned and etc.

- 4 - IN W.P.No.8366/2015:

BETWEEN: 1. Smt. Manjulata Bajaj, W/o. Manoj Kumar Bajaj, Aged about 43 years, Residing at No.389/73, 65th Cross, 17th ‘E’ Main Road, 5th Block, Rajajinagar, Bengaluru – 10.

….Petitioners

(By Sri. S. Raju, Advocate)

AND: 1. The Commissioner, Bangalore Mahanagara Palike, N.R. Square, Bengaluru – 560 002.

….Respondents

(By Sri. Sreenidhi V., Advocate)

This writ petition is filed under Articles 226 and 227 of the Constitution of India, praying to quash the

- 5 - demand notice dated 06.02.2015 issued by the Respondent No.2 vide Annexure – D and etc.

IN W.P.No.8368/2015:

BETWEEN: M/s. Saroja Builds, A Partnership Firm, Having its office at Belathur Gate, Behind Anjeneya Swamy Temple, Kadugodi Post, Bengaluru – 560 067.

Represented by its partner M/s. Saroj Builds and Properties Pvt. Ltd., Represented by its Managing Director, Smt. Satya Venkata Valluri Sridevi. ….Petitioner

(By Sri. S. Raju, Advocate)

AND: 1. The Commissioner, Bangalore Mahanagara Palike, N.R. Square, Bengaluru – 560 002.

….Respondents

(By Sri. Sreenidhi V, Adv. for R1 and R2 ; Sri. M. Munigangappa, HCGP for R3)

This writ petition is filed under Articles 226 and 227 of the Constitution of India, praying to quash the

- 6 - notice dated 12.02.2015 issued by the Respondent No.2 vide Annexure – C and etc.

IN W.P. No. 8369/2015:

BETWEEN: 1. Sri. M. Venkatesh, S/o. B. Markhandaiah, Aged about 54 years, Residing at No.51, 13th Main, 9th Cross, Srinivasanagar, Bengaluru – 560 050.

….Petitioners

(By Sri. S. Raju, Advocate)

AND: 1. The Commissioner, Bangalore Mahanagara Palike, N.R. Square, Bengaluru – 560 002.

….Respondents

(By Sri. Sreenidhi.V, Advocate)

- 7 - This writ petition is filed under Articles 226 and 227 of the Constitution of India, praying to quash the Demand Notice dated 26.02.2015 issued by the Respondent No.2 vide Annexure-C and etc.

IN W.P.No.9577/2015:

BETWEEN: M/s. Elegant Properties, A Partnership Firm, Having office at No.1, Elegant Desire, Coles Road, Frazer Town, Bengaluru – 560 005. Represented by its Partner Mr. B. Rajashekar.

….Petitioner

(By Sri. B. Pramod, Advocate)

AND: 1. The State of Karnataka, The Urban Development Department, Vikasa Soudha, Dr. B.R. Ambedkar Veedhi, Bengaluru – 560 001. Represented by its Secretary.

….Respondents

- 8 -

(By Sri. M. Munigangappa, HCGP for R1; Sri. Sreenidhi V., Adv. for R2 & R3)

This writ petition is filed under Articles 226 and 227 of the Constitution of India, praying to quash the office order dated 09.06.2010 issued by the Respondent No.2 vide (Annexure-F) in so far the petitioner is concerned and etc.

IN W.P.No.10163/2015:

BETWEEN: 1. Sri. Suresh Somani, S/o. Ramkumarji Somani, Aged about 38 years,

Both are Residing at No.322, 6th Main, 1st Stage, 2nd Block, Nagarabhavi, Kalyana Nagar, Bengaluru – 560 072.

….Petitioners

(By Sri. S. Raju, Advocate)

AND: 1. The State of Karnataka, By its Secretary, Urban Development Department, 4th Floor, Vikasa Soudha, Dr. B.R. Ambedkar Veedhi, Bengaluru – 560 001.

- 9 - 2. The Commissioner, Bangalore Mahanagara Palike, N.R. Square, Bengaluru – 560 002.

….Respondents

(By Sri. M. Munigangappa, HCGP for R1 Sri. Sreenidhi V., Adv. for R2 & R3)

This writ petition is filed under Articles 226 and 227 of the Constitution of India, praying to quash the demand notice 09.03.2015 issued by the Respondent No.3 vide Annexure – D and etc.

IN W.P.No.10201/2015:

BETWEEN: Smt. Sujaya Jayaprasad, Aged about 68 years, W/o. Sri. Jayaprasad Shetty, No.14/3, Prasad Residency, Chandra Layout Main Road, Income Tax Layout, Bengaluru – 560 040. ... Petitioner

(By Sri. T.P. Vivekananda, Advocate)

AND:

- 10 - 2. The Joint Director of Town Planning (South), Bruhat Bangalore Mahanagara Palike, N.R. Square, Bengaluru – 560 002.

By its Secretary, Urban Development Department,

4th Floor, Vikasa Soudha, Dr. Ambedkar Veedhi,

Bengaluru – 560 001. ….Respondents

(By Sri. V. Sreenidhi, Advocate for R1 & R2 Sri. M. Munigangappa, HCGP for R3)

This writ petition is filed under Article 226 of the Constitution of India, praying to quash the office order dated 09.06.2010 at Annexure-H passed by respondent No.1 and etc.

IN W.P.No.10650/2015:

BETWEEN: Smt. Bhavani @ Hamas D/o. late Chinnappa, Aged about 35 years, Byatarayanapura, Bengaluru North, Bengaluru – 560 084. ... Petitioner

(By Sri. G.M. Jagadeesha, Advocate)

AND:

- 11 - Bengaluru – 560 002. Represented by its Commissioner.

By its Secretary, Urban Development Department,

4th Floor, Vikas Soudha, Dr. Ambedkar Veedhi,

Bengaluru – 560 001. ….Respondents

(By Sri. V. Sreenidhi, Advocate for R1 & R2; Sri. M. Munigangappa, HCGP for R3)

This writ petition is filed under Article 226 of the Constitution of India, praying to quash the office order dated 09.06.2010 at Annexure-D passed by respondent No.1 and etc.

IN W.P.Nos.10651-10654/2015:

BETWEEN: 1. Eshwar Rao, Aged about 81 years, S/o. late Kuppa Rao,

- 12 - 3. Mr. Ramachandra Rao,

Aged about 58 years,

S/o. late M.K. Krishna Rao

@ M. Krishnoji Rao,

Aged about 56 years,

S/o. late M.K. Krishna Rao

@ M. Krishnoji Rao,

Aged about 54 years,

S/o. late M.K. Krishna Rao

@ M. Krishnoji Rao

All are residing at

White Field Village,

K.R. Puram Hobli,

Bengaluru East,

Bengaluru – 560 066.

... Petitioners

(By Sri. G.M. Jagadeesha, Advocate)

AND:

By its Secretary, Urban Development Department, 4th Floor, Vikas Soudha,

- 13 - Dr. Ambedkar Veedhi,

Bengaluru – 560 001.

….Respondents

(By Sri. S.N. Prashanth Chandra, Adv. for R1 & R2; Sri. M. Munigangappa, HCGP for R3)

These writ petitions are filed under Article 226 of the Constitution of India, praying to quash the office order dated 09.06.2010 at Annexure-D passed by respondent No.1 and etc.

IN W.P.No.10683/2015:

BETWEEN: M/s. Regency Property & Management Services, A registered Partnership Firm, Having its Office at ‘Sameer House’, No.154/1, Wheeler Road, Fraser Town, Bengaluru – 560 005.

Represented by its Partner Mr. Sameer A. Khan. ... Petitioner

(By Sri. Ganapati Hegde, Advocate)

AND:

Represented by its Secretary to Govt., Department of Urban Development, Room No.434, Vikasa Soudha,

Bengaluru – 560 001.

- 14 -

(By Sri. M. Munigangappa, HCGP for R1; Sri. S.N. Prashanth Chandra, Adv. for R2 & R3)

This writ petition is filed under Articles 226 and 227 of the Constitution of India, praying to quash the Notification dated 10.03.2006 issued by respondent No.2 vide Annexure-G and etc.

IN W.P.Nos.10800-10803/2015:

BETWEEN: Sri. K. Bhagegowda, S/o. Late Sri.Kempaiah, Aged about 59 years, Residing at No.295, 10th Main, III Block, Jayanagar, Bengaluru – 560 011.

Represented by his GPA holder M/s. Shree Associates, A Partnership Firm Registered under the Indian Partnership Act, Vide Registration No.FIRM/RJR/718/2014-15 Having its office at No.169, Sona Tapovan,

- 15 - II Floor, 18th Cross, M.C.Layout, Vijaynagar, Bengaluru – 40, Represented by its partners (1) Mr. Sampath Raje Urs and (2) Mr. Swaroop S.

….Petitioner

(By Sri. Manjunath N, Advocate)

AND: 1. Bruhat Bangalore Mahanagara Palike, N.R.S quare, Bengaluru – 560 002. Represented by its Commissioner.

….Respondents

(By Sri. S.N. Prashanth Chandra, Adv. for R1 & R2; Sri. M. Munigangappa, HCGP for R3)

These writ petitions are filed under Article 226 of the Constitution of India, praying to quash the office order dated 09.06.2010 at Annexure-F passed by the Respondent No.1 and to quash the circular dated 22.08.2014 issued by the Respondent No.1 vide Annexure-G and to quash the communication/demand notice dated 09.03.2015 vide Annexure-D issued by the Respondent No.2 and etc.

- 16 - IN W.P.Nos.10809-10813/2015 & W.P.Nos.10814-10816/2015

BETWEEN: 1. Sri. Sunil Kumar Reddy M.,

S/o. M. Rama Krishna Reddy,

Aged about 34 years.

W/o. Sunil Kumar Reddy,

Aged about 32 years,

Both are R/at flat No.001, Block No.1, Sai Homes, Shirdi Sai Nagar, Munnekolal, Marathahalli Post, Bengaluru – 560 037.

Aged about 36 years,

S/o. Balakrishna Parangodath,

Priyam (Parangodath)

Sree Krishnapuram,

Po-Palakkad – 679 513.

Aged about 28 years,

W/o. Binish Parangodath,

R/at No.5/4, Karthika,

1st Cross, Saraswathipuram,

Ulsoor, Bengaluru – 560 008.

Aged about 34 years,

S/o. Kalla Nooka Raju,

R/at No.381, Oak Branch Lane,

Building 15, Sanford,

North Carolina – 27330.

- 17 -

Aged about 29 years,

W/o. Mohan Babu,

R/at No.G-194, HAL-Colony,

HAL Post, Bengaluru – 560 017.

Aged about 43 years,

W/o. Rohit Jain,

Aged about 43 years,

S/o. Nandu Mal Jain,

Petitioners No.7 and 8 are R/at No.A-804, Rohan Vasantha Apartment, Marathahalli, Bengaluru – 560 037.

All are represented by their GPA Holder. Sai Ram Constructions, A Proprietor Firm, having Office at No.02/A, Shop No.03, Papaiah Layout, N.R.Colony, Konena Agrahar, Bengaluru – 560 017. Represented by its proprietor Smt. S. Neetha Mohan W/o. Mohan Babu, Aged about 29 years, No.02/A, Shop No.03, Papaiah Layout, N.R.Colony, Konena Agrahar, Bengaluru – 560 017. …Petitioners

(By Sri. S.V.Manjunatha, Advocate)

- 18 - AND: 1. Bruhat Bengaluru Mahanagara Palike, N.R.S quare, Bengaluru – 560 002. Represented by its Commissioner.

….Respondents

(By Sri. Sreenidhi V, Advocate for R1 & R2; Sri. M. Munigangappa, HCGP for R3)

These writ petitions are filed under Article 226 of the Constitution of India, praying to quash the office order dated 09.06.2010 at Annexure-D passed by the Respondent No.1 and etc.

IN W.P.No.11028/2015:

BETWEEN: C. Somashekar, S/o. Late Channaiah Chetty, Aged about 64 years, Residing at No.20, 29th Main, 1st Phase, 2nd Stage, BTM Layout, Bengaluru – 560 076.

- 19 -

Represented by Power of Attorney Holder M/s. Anand Group, by its Managing Partner R. Anand, S/o. M.V. Ramaswamy, No.56, Sharada Plaza, 9th Main Road, 3rd Block, Jayanagar, Bengaluru – 560 011.

…Petitioner

(By Sri. Keerthikar S., Advocate)

AND: 1. Bruhat Bengaluru Mahanagara Palike,

Hudson Circle,

Bengaluru – 560 001.

….Respondents

(By Sri. Sreenidhi V, Advocate for R1 & R2; Sri. M. Munigangappa, HCGP for R3)

This writ petition is filed under Articles 226 & 227 of the Constitution of India, praying to quash the Demand Notice issued by Respondent No.2 dated 12.03.2015 vide Annexure-L and etc.

- 20 -

IN W.P.No.11343/2015 & W.P.Nos.12957-12960/2015:

BETWEEN: 1. Sri. Naveen Preben Gowda,

Aged about 49 years,

S/o. late Mr. U.K. Subbiah,

Aged about 45 years, S/o. late Mr. U.K. Subbiah,

Both are residing at Kalasa Farm, Whitefield, Bengaluru – 560 066.

Aged about 45 years,

S/o. late P.M. Krishnamurthy,

Residing at No.41, 1st B Cross, BHCS, Banashankari III Stage,

Bengaluru – 560 085.

All the petitioners are represented

by their GPA Holder M/s. Prestige Estates Projects Limited, A Company incorporated under the Companies Act, 1956, having its Registered office at ‘Falcon House’, No.1, Main Guard Cross Road, Bengaluru – 560 001. Rep. by its Executive Director – Legal, Mr. T. Arvind Pai.

... Petitioners

(By Sri. Rayappa Y. Hadagali, Advocate)

- 21 - AND:

Rep. by its Secretary to Govt. Department of Urban Development, Room No.434, Vikasa Soudha,

Bengaluru – 560 001.

Bruhat Bengaluru Mahanagara Palike,

Yelahanka,

Bengaluru – 560 092.

….Respondents

(By Sri. M. Munigangappa, HCGP for R1, Sri. S.N. Prashanth Chandra, Adv. for R2 to R4)

These writ petitions are filed under Articles 226 and 227 of the Constitution of India, praying to quash the notification dated 10.03.2006 passed by the respondent No.1 (Annexure-H) and etc.

IN W.P.No.11414/2015:

BETWEEN: Smt. Kamalamma, Aged about 49 years,

- 22 - W/o. B.H.Govindraju, R/at No.01, Byadarahalli, Vishvanedam Post, Magadi Main Road, Bengaluru – 560 091.

….Petitioner

(By Sri. S.V. Manjunatha, Advocate)

AND: 1. Bruhat Bengaluru Mahanagara Palike,

N.R. Square, Bengaluru – 560 002,

Rep. by its Commissioner.

Bruhat Bangalore Mahanagara Palike,

Rajarajeshwarinagara Zone/Division,

Rajarajeshwarinagara, Bengaluru – 560 098.

By its Secretary,

Urban Development Department,

4th Floor, Vikas Soudha,

Dr. Ambedkar Vedi,

Bengaluru – 560 001.

….Respondents

(By Sri. V. Sreenidhi, Adv. for R1 & R2 ; Sri. M. Munigangappa, HCGP for R3)

This writ petition is filed under Articles 226 of the Constitution of India, praying to quash the office order dated 09.06.2010 at Annexure-D passed by the Respondent No.1 and etc.

- 23 - IN W.P.No.11418/2015:

BETWEEN: M/s. S.S. Properties, A Partnership Firm, Having its Registered Office At No.166, 8th Cross, Between 6th and 7th Main, Malleswaram, Bengaluru – 560 003, Represented by its Authorized Partner Sri. V. Sathish, S/o. Venkatachalapathy Setty, Aged about 48 years.

….Petitioner

(By Sri. S. Raju, Advocate)

AND: 1. The State of Karnataka,

By its Secretary,

Urban Development Department,

4th Floor, Vikasa Soudha,

Dr. Ambedkar Veedhi,

Bengaluru – 560 001.

Bangalore Mahanagara Palike,

N.R. Square,

Bengaluru – 560 002.

BBMP, Rajarajeswari Region,

Bengaluru – 560 057. ….Respondents

(By Sri. M. Munigangappa, HCGP for R1; Sri. V. Sreenidhi, Adv. for R2 & R3)

- 24 -

This writ petition is filed under Articles 226 & 227 of the Constitution of India, praying to quash the demand notice dated 25.02.2015 issued by the Respondent No.3 vide Annexure-D and etc.

IN W.P.No.11535/2015:

BETWEEN: M/s. Sai Krupa Builders, Having its office at Flat No.015, Sai Krupa Gardens, 174/3, Gangamma Temple Road, Mahadevapura, Bengaluru – 560 048. Represented by its Proprietor Sri. N. Reddeppa Reddy, Aged about 39 years.

... Petitioner

(By Sri. S. Raju, Advocate)

AND:

By its Secretary, Urban Development Department, 4th Floor, Vikasa Soudha, Dr. Ambedkar Veedhi,

Bengaluru – 560 001.

- 25 - 3. The Joint Director of Town Planning (North), BBMP, N.R. Square, Bengaluru – 560 002.

….Respondents

(By Sri. M. Munigangappa, HCGP for R1, Sri. V. Sreenidhi, Advocate for R-2 & R-3)

This writ petition is filed under Articles 226 and 227 of the Constitution of India, praying to quash the demand notice dated 06.03.2015 issued by the respondent No.3 vide Annexure-D and etc.,

IN W.P.No.12852/2015:

BETWEEN: Samuel Thomas, S/o. late Indiculla Thomas, Aged about 59 years, R/at Ivory Mansion Apartment, Flat No.11, 2nd Block, 2nd Floor, Babusapalya, Horamavu Agara Road, Agara Prakruthi Layout Extension, Bengaluru – 560 043. ... Petitioner

(By Sri. G.M. Jagadeesha, Advocate)

AND:

- 26 -

By its Secretary, Urban Development Department,

4th Floor, Vikas Soudha, Dr. Ambedkar Veedhi,

Bengaluru – 560 001. ….Respondents

(By Sri. S.N. Prashanth Chandra, Adv. for R1 & R2; Sri. M. Munigangappa, HCGP for R3)

This writ petition is filed under Article 226 of the Constitution of India, praying to quash the office order dated 09.06.2010 Annexure-D passed by respondent No.1 and etc.

IN W.P.No.12873/2015:

BETWEEN: M/s. Jayasali Developers, Partnership Firm, Having office at No.1249, 48th Cross, 36th Main, Poornapragna Layout, 1st Phase, Uttarahalli, Bengaluru – 560 061.

Represented by its Partners

S/o. Late Chalamaiah,

Aged 64 years.

S/o. Late K. Gangaiah,

Aged about 43 years.

- 27 - Both are R/at No.1249, 48th Cross, 36th Main, Poornapragna Layout, 1st Phase, Uttarahalli, Bengaluru – 560 061.

….Petitioners

(By Sri. S.V. Manjunatha, Advocate)

AND: 1. Bruhath Bengaluru Mahanagara Palike,

N.R. Square, Bengaluru – 560 002,

Rep. by its Commissioner.

Bruhath Bangalore Mahanagara Palike,

Bommanahalli Zone / Division,

Bengaluru – 11.

By its Secretary,

Urban Development Department,

4th Floor, Vikas Soudha,

Dr. Ambedkar Verdi,

Bengaluru – 560 001.

….Respondents

(By Sri. S.N. Prashanth Chandra, Adv. for R1 & R2; Sri. M. Munigangappa, HCGP for R3)

This writ petition is filed under Articles 226 of the Constitution of India, praying to quash the office order dated 09.06.2010 at Annexure-D passed by the Respondent No.1 and etc.

These Writ petitions coming on for Orders this day, the Court made the following:

- 28 - ORDER

Heard the learned counsel appearing for the respective parties.

Sd/- JUDGE SV