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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 13^TH DAY OF AUGUST, 2021

BEFORE

THE HON'BLE MR. JUSTICE M. NAGAPRASANNA

WRIT PETITION No.43314/2016 (LB-BMP)

C/W

WRIT PETITION No.44250/2016 (LB-BMP)

WRIT PETITION No.48372/2016 (LB-BMP)

IN WRIT PETITION No.43314/2016

BETWEEN

M/S SHWETAMBAR POLYMERS PRIVATE LTD.,

A REGISTERED PRIVATE LIMITED COMPANY

HAVING ITS REGISTERED OFFICE AT

8ARCHANA COMPLEX9 37/12-1,

4^TH CROSS, LALBAGH ROAD,

BENGALURU 3 560 027

REPRESENTED BY ITS DIRECTOR

MR. LALIT KUMAR RAMSISARIA

AGED ABOUT 28 YEARS.

... PETITIONER

(BY SRI PARAS JAIN, ADVOCATE (PHYSICAL HEARING))

AND

THE COMMISSIONER

BRUHAT BANGALORE MAHANAGARA PALIKE,

BENGALURU CITY 3 560 001.

... RESPONDENT

(BY SRI ARAVIND M.NEGLUR, ADVOCATE (VIDEO CONFERENCING))

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND

227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE

ENDORSEMENT DTD.13.1.2016 VIDE ANNEX-C AND DIRECT THE

RESPONDENT / BBMP TO TRANSFER THE KHATHA IN THE NAME

OF THE PETITIONER COMPANY IN RESPECT OF PROPERTY

BEARING MUNICIPAL CORPORATION NOS. 11 AND 12 LOCATED AT

K.R.ROAD, FORT, BANGALORE AND DIRECT THE RESPONDENT /

BBMP NOT TO DEMAND FROM THE PETITIONER COMPANY ANY

PROPERTY TAX FOR THE PERIOD EARLIER TO THE SALE

CERTIFICATE [FROM 2005-06 TO 2014-15] AND TO DEMAND THE

SAME FROM EARLIER OWNER OF THE PROPERTY AND PRAYS FOR

SUCH OTHER RELIEFS AS THIS HON'BLE COURT DEEM FIT TO

GRANT, INCLUDING COSTS / DAMAGES / COMPENSATION TO THE

PETITIONERS WHO HAVE BEEN DRIVEN FROM COURT TO COURT

FOR GETTING THE PROPERTY TRANSFERRED IN THEIR NAMES

SINCE 1992.

IN WRIT PETITION No.44250/2016

BETWEEN

M/S SHYAM FINCOM PRIVATE LTD.,

8ARCHANA COMPLEX9 37/12-1,

4^TH CROSS, LALBAGH ROAD,

BENGALURU 3 560 027,

REPRESENTED BY ITS DIRECTOR

MR CHANDRA PRAKASH RAMSISARIA

AGED ABOUT 58 YEARS,

... PETITIONER

(BY SRI PARAS JAIN, ADVOCATE (PHYSICAL HEARING))

AND

THE COMMISSIONER

BRUHAT BANGALORE MAHANAGARA PALIKE,

BENGALURU CITY 3 560 001.

... RESPONDENT

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(BY SRI H.DEVENDRAPPA, ADVOCATE (VIDEO CONFERENCING))

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND

227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE

ENDORSEMENT DTD 30.06.2016 VIDE ANNX-C; DIRECT THE

RESPONDENT/BBMP TO TRANSFER THE KHATHA IN THE NAME OF

THE PETITIONER COMPANY IN RESPECT OF PROPERTY BEARING

MUNICIPAL CORPORATION NOS.89/1, LOCATED AT 11^TH CROSS,

SAMPIGE

ROAD,

MALLESWARAM,

BANGALORE-560003,

MEASURING EAST TO WEST 30 FEET AND NORTH TO SOUTH 120

FEET, DIVIDED INTO 2 PARTS VIZ., EASTERN PORTION 30 X 60

AND WESTERN PORTION 30 X 60 AND ETC.,

IN WRIT PETITION No.48372/2016

BETWEEN

M/S ASHUTOSH POLYMERS PRIVATE LTD.,

8ARCHANA COMPLEX9, 37/12-1,

4^TH CROSS, LALBAGH ROAD,

BENGALURU 3 560 027

REPRESENTED BY ITS DIRECTOR

MR. KARAN RAMSISARIA

AGE 26 YEARS.

... PETITIONER

(BY SRI PARAS JAIN, ADVOCATE (PHYSICAL HEARING))

AND

THE COMMISSIONER

BRUHAT BANGALORE MAHANAGARA PALIKE,

KEMP GOWDA NAGARA, SUB-DIVISION,

BENGALURU CITY 3 560 001.

... RESPONDENT

(BY SRI B.V.MURALIDHAR, ADVOCATE (VIDEO CONFERENCING))

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND

227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE

ENDORSEMENT DATED 28.06.2016 IN RESPECT OF MUNICIPAL

CORPORATION NO.129, LALBAGH FORT ROAD, NEAR BASAPPA

CIRCLE, BANGALORE AT ANNEX-C AND ETC.,

THESE WRIT PETITIONS COMING ON FOR PRELIMINARY

HEARING IN 8B9 GROUP THIS DAY, THE COURT MADE THE

FOLLOWING:

ORDER

The petitioners in these writ petitions call in question

certain endorsements issued by the respondent 3 Bruhat

Bengaluru Mahanagara Palike (hereinafter referred to as 8the

BBMP9 for short) declining to change khata in their favour and

demanding for payment of arrears of taxes as condition

precedent for change of such khata.

2. Heard Sri Paras Jain, learned counsel appearing for the

petitioners, Sri Aravind M. Neglur and Sri H. Devendrappa,

learned counsel appearing for the respondent - BBMP, in all the