Mohiuddin Sha Qhadri Minority ... vs The State Of Karnataka
2025 Latest Caselaw 9336 Kant

Karnataka High Court

Mohiuddin Sha Qhadri Minority ... vs The State Of Karnataka on 23 October, 2025

                                                    -1-
                                                                 NC: 2025:KHC-D:14171
                                                               WP No. 107713 of 2025


                       HC-KAR


                            IN THE HIGH COURT OF KARNATAKA, AT DHARWAD

                                DATED THIS THE 23RD DAY OF OCTOBER, 2025

                                               BEFORE
                           THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE

                                WRIT PETITION NO.107713 OF 2025 (LB-TAX)
                      BETWEEN:

                      MOHIUDDIN SHA QHADRI MINORITY EDUCATIONAL
                      AND CHARITABLE SOCIETY,
                      KHAJA GAREEB NAVAZ COLONY,
                      NEAR BHADRI NARAYANA RICE MILL,
                      TQ AND DIST. BALLARI,
                      BY ITS PRESIDENT,
                      CHAND BASHA S/O. WAHAB SAHIB,
                      AGE. MAJOR, OCC. SECRETAY,
                      R/O. KHAJA GAREEB NAVAZ COLONY,
                      NEAR BHADRI NARAYAN RICE MILL,
                      TQ AND DIST. BALLARI - 583 101.
                                                                          ...PETITIONER
                      (BY SRI. GAYATRI S. R., ADVOCATE)

                      AND:
                      1. THE STATE OF KARNATAKA,
                         DEPARTMENT OF URBAN DEVELOPMENT,
                         BY ITS PRINCIPAL SECRETARY,
Digitally signed by
                         VIDHANA SOUDHA, DR. AMBEDKAR VEEDI,
CHANDRASHEKAR
LAXMAN
                         BENGALURU - 01.
KATTIMANI
Location: HIGH
COURT OF
KARNATAKA
                      2.   THE BALLARI CITY CORPORATION,
DHARWAD BENCH              R/BY ITS COMMISSIONER,
                           GADAGI CHENNAPPA CIRCLE,
                           (ROYAL CIRCLE) BALLARI - 583 101.

                      3.   THE DIVISIONAL COMMISSIONER,
                           DIVISIONAL OFFICE-
                           THE BALLARI CITY CORPORATION,
                           GADAGI CHENNAPPA CIRCLE,
                           (ROYAL CIRCLE) BALLARI - 583 101.
                                                                        ...RESPONDENTS
                      (BY SRI. ASHOK KATTIMANI, AGA FOR R1;
                      SRI. SHARANABASAVARAJ C.S., ADVOCATE FOR R2 AND R3)
                               -2-
                                         NC: 2025:KHC-D:14171
                                       WP No. 107713 of 2025


HC-KAR


      THIS WRIT PETITION IS FILED UNDER ARTILCLE 226 OF THE
CONSTITUTION OF INIDA PRAYING TO DECLARE THAT THE
PETITIONER BEING AN EDUCATIONAL INSTITUTION IS EXEMPTED
FROM PAYING PROPERTY TAX UNDER SECTION 110(1)(I) OF
KARNATAKA MUNICIPAL CORPORATIONS ACT 1976 IN RESPECT OF
THE PROPERTY BEING USED TO RUN THE EDUCATIONAL
INSTITUTION; ISSUE A WRIT IN THE NATURE OF MANDAMUS
DIRECTING THE RESPONDENT NO.2 TO REFUND THE TAX COLLECTED
BY THE PETITIONER TILL DATE AND ETC.,

      THIS PETITION, COMING ON FOR PRELIMINARY HEARING THIS
DAY, ORDER WAS MADE THEREIN AS UNDER:

                        ORAL ORDER

(PER: THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE)

1. Learned concerned the petitioner and respondents

jointly submit that the issue raised in the present

writ petition is covered in terms of the judgment

dated 18.08.2025 passed in W.P.No.102508 of

2025. The operative portion of the order passed in

W.P.No.102508/2025 reads as under:

"ORDER

i. The Writ petition is partly allowed.

ii. The respondents are restrained from levying property tax in respect of the portion of the property used exclusively for educational purposes.

iii. Liberty is reserved to the respondents to conduct survey of the property, ascertain the portions not exclusively

NC: 2025:KHC-D:14171

HC-KAR

used for educational purposes, and to issue necessary notices under the applicable provisions of law."

2. The writ petition is disposed of in terms of the

order dated 18.08.2025 passed in

W.P.No.102508/2025.

Sd/-

(ANANT RAMANATH HEGDE) JUDGE AM/-

CT-ASC