HIGH COURT OF KARNATAKA
HEMANT CHANDANGOUDAR
M/S ABHISHEK PROPBUILD PRIVATE LTD – Appellant
Versus
THE BRUHATH BENGALURU MAHANAGARA PALIKE – Respondent
The 3rd respondent issued a distress warrant under sub-
Section 4 of Section 148 of the Bruhat Bengaluru Mahanagara
Palike Act, 2020 (for short `Act') to the petitioner for having not
paid the property tax to the tune of Rs.6,77,78,276.16 for the
period 2018-19 through whatsapp as alleged by the petitioner.
2.
The petitioner's grievance is that the respondents -
BBMP without there being any source of power has locked the
premises belonging to the petitioner.
3.
Learned counsel for the petitioner would submit that
in the absence of any source of power, the respondents - BBMP
without authority of law has locked the premises belonging to the
petitioner for recovering the arrears of property tax, which is not
permissible in law.
4
4.
On the other hand, learned counsel appearing for the
respondents - BBMP would submit that sub-Section 4 of Section
148 of the Act provides for taking coercive action against the
petitioner for non-payment of arrears of property tax. Hence,
the action taken by the respondents - BBMP in locking the
premises belonging to the petitioner is in accordance with law
and the same does not warrant any interference.
5.
Learned Additional Government Advocate reiter
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