M/S Sumadhura Infracon Private Limited vs The Commissioner
2024 Latest Caselaw 12383 Kant

Karnataka High Court

M/S Sumadhura Infracon Private Limited vs The Commissioner on 4 June, 2024

Author: R Devdas

Bench: R Devdas

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                                                        NC: 2024:KHC:19010
                                                      WP No. 14446 of 2024




                         IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                             DATED THIS THE 4TH DAY OF JUNE, 2024

                                            BEFORE
                               THE HON'BLE MR JUSTICE R DEVDAS
                           WRIT PETITION NO. 14446 OF 2024 (LB-BMP)
                   BETWEEN:

                   M/S. SUMADHURA INFRACON PRIVATE LIMITED,
                   A COMPANY REGISTERED UNDER
                   INDIAN COMPANIES ACT,
                   OFFICE AT: KHATA NO. 174/263/318,
                   PATTANDURU AGRAHARA VILLAGE,
                   BENGALURU - 560 066.
                   REPRESENTED BY ITS AUTHORISED SIGNATORY
                   BOARD OF DIRECTORS
                   SRI. K. BHARAT KUMAR.
                                                                ...PETITIONER
                   (BY SRI. RAJU S, ADVOCATE)

                   AND:
Digitally signed by
JUANITA             1.    THE COMMISSIONER,
THEJESWINI
                          BRUHAT BENGALURU MAHANAGARA PALIKE,
Location: HIGH
COURT OF                  N.R. SQUARE, BENGALURU - 560 002.
KARNATAKA

                   2.     THE ASSISTANT REVENUE OFFICER,
                          WHITEFILED SUB DIVISION,
                          BRUHAT BENGALURU MAHANAGARA PALIKE,
                          RAMAGONDANAHALLI,
                          BENGALURU - 560 066.
                                                           ...RESPONDENTS
                   (BY SRI. PAWAN KUMAR, ADVOCATE)
                                -2-
                                             NC: 2024:KHC:19010
                                          WP No. 14446 of 2024




     THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO A) QUASH THE
ENDORSEMENT      BEARING     NO.     W.F./SD/KTR/CR/40/2024-25
DATED 28/05/2024 AS PER ANNEXURE-F AND ETC.,

     THIS    PETITION,     COMING      ON   FOR    PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:

                            ORDER

R.DEVDAS J., (ORAL):

Sri.Pawan Kumar, learned counsel who is present in the

Court is directed to take notice for both the respondents.

2. Learned counsel for the petitioner submits that the

impugned endorsement dated 28.05.2024 could not have been

issued by respondent No.2-Assistant Revenue Officer, BBMP,

Whitefield Sub-Division, having regard to the law laid down by

this Court in the case of S.R.Constructions Partner Vs. State

of Karnataka and Others reported in 2013(3) Karnataka

Law Journal 588 and in view of various other orders passed

by this Court including the case of B.N.Byregowda Vs. The

Commissioner, BBMP and Another in W.P.No.28654/2023

dated 20.12.2023, wherein following the said judgment in M/s

S.R. Constructions, this Court has held that the BBMP cannot

NC: 2024:KHC:19010

mandate the payment of betterment charges as pre-condition

for registration/transfers/bifurcation/amalgamation of katha

and/ or grant of sanction of plan.

3. Having regard to the said position and that a

decision has been rendered by a Coordinate Bench of this Court

in the month of December 2023, respondent No.2 could not

have issued such an endorsement calling upon the petitioner to

pay a sum of Rs.1,00,00,379/- as betterment charges as a pre-

condition for issuance of katha in favour of the petitioner.

Learned counsel for the respondent-BBMP has also appeared in

the said matter, namely, B.N.Byregowda and he cannot dispute

the fact that such a decision has been rendered by a co-

ordinate Bench of this Court.

4. Consequently, the writ petition is allowed. The

impugned endorsement at Annexure-F dated 28.05.2024 is

hereby quashed and set aside.

5. Respondent No.2-Assistant Revenue Officer, BBMP,

Whitefield Sub-Division is hereby directed to consider the

application filed by the petitioner for amalgamation of katha

without insisting upon the payment of betterment charges as a

NC: 2024:KHC:19010

pre-condition. However, liberty is reserved to the respondents

to recover the betterment charges and interest in a manner

known to law. Respondent No.2 shall pass necessary orders on

the application filed by the petitioner as expeditiously as

possible and at any rate within a period of six weeks from the

date of receipt of a copy of this order.

Ordered accordingly.

Sd/-

JUDGE

rv

CT: BHK