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2026 Supreme(Online)(Kar) 16703

THE HIGH COURT OF KARNATAKA
M.G.S. KAMAL
M/S ZONASHA ESTATES AND PROJECTS PVT LTD – Appellant
Versus
THE STATE OF KARNATAKA – Respondent
WP 23609/2021



##PAGE1##

- 1 -

NC: 2026:KHC:5526

WP No. 23609 of 2021

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 31ST DAY OF JANUARY, 2026

BEFORE

THE HON'BLE MR. JUSTICE M.G.S. KAMAL

WRIT PETITION NO. 23609 OF 2021 (GM-RES)

BETWEEN:

M/S. ZONASHA ESTATES AND

PROJECTS PVT. LTD.,

HAVING ITS REGISTERED OFFICE

AT NO.1075, 3RD FLOOR, 12TH MAIN

8TH CROSS, INDIRANAGAR

BANGALORE-560 038

REPRESENTED BY ITS DIRECTOR AND

AUTHORISED SIGNATORY

SRI. R. NAGARAJ

…PETITIONER

(BY SRI. SAMMITH S, ADVOCATE)

AND:

Digitally 1. THE STATE OF KARNATAKA

signed by

REPRESENTED BY ITS DEPUTY SECRETARY

SUMA B N

DEPARTMENT OF HOME AFFAIRS

Location:

HIGH (POLICE ASSISTANCE SERVICES)

COURT OF

VIDHANA SOUDHA

KARNATAKA

BENGALURU-560 001

2. THE DIRECTOR GENERAL OF POLICE

COMMANDANT GENERAL

HOME GUARDS AND DIRECTOR GENERAL

FIRE FIGHTING AND EMERGENCY

SERVICES DEPARTMENT

##PAGE2##

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NC: 2026:KHC:5526

WP No. 23609 of 2021

HC-KAR

NO.1, ANNASWAMY MODALIYAR ROAD

BENGALURU-560 042

…RESPONDENTS

(BY SMT. B.P. RADHA, AGA)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226

AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO

QUASH THE GOVERNMENT ORDER DTD. 13.09.2019 ISSUED

BY THE R-1 AS CONTAINED IN ANNX-E, REVISING THE RATES,

INCLUDING CHARGES FOR ISSUE OF NO OBJECTION

CERTIFICATE FOR CONSTRUCTION OF HIGH-RISE BUILDINGS

OTHER THAN TAXES IMPOSED BY THE FIRE DEPARTMENT AND

QUASH THE DEMAND NOTE BEARING DTD. 09.12.2021 ISSUED

BY R-2 AS CONTAINED IN ANNX-H AND ETC.

THIS PETITION, COMING ON FOR FURTHER HEARING,

THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL

ORAL ORDER

1.

Petitioners are before this Court seeking following

reliefs:

'' i. grant an order, direction or writ in the nature of Certiorari

M E 11 PÀC¸É

quashing the Government Order No. 2019 dated

13/09/2019 issued by the 1st Respondent as contained in

ANNEXURE-E, revising the rates, including charges for issue of

No Objection Certificate for construction of high-rise buildings

other than taxes imposed by the Fire Department;

##PAGE3##

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NC: 2026:KHC:5526

WP No. 23609 of 2021

HC-KAR

ii. grant an order, direction or writ in the nature of certiorari

quashing the demand note bearing No.

KSFES/DemNo/2586/21-22 dated 09/12/2021 issued by 2nd

Respondent, as contained in ANNEXURE-H;

iii. grant an order, direction or writ in the nature of Mandamus,

directing the Respondents to issue the NOC for commercial

building in the Schedule Property to the Petitioner without

insisting on any fee;

iv. and grant such other relief or reliefs as this Hon'ble Court

may deem fit to grant, including cost of the Petitioner, in the

facts and circumstances of the case, in the interest of justice

and equity. ''

2. Issue raised in this petition has been adverted to and

disposed of by this Court in similar writ petitions bearing

W.P.No.31197/2018 and connected matters vide order dated

24.09.2019, W.P.No.41423/2019 and connected matters vide

order dated 28.08.2024 and in W.P.Nos.9272/2021 C/w

22582/2018 and 28460/2019 vide order dated 28.01.2026

directing the respondent-State to consider the application filed

by the petitioner therein in terms of the modified Government

Order dated 13.09.2019.

3. The petitioner in the instant case being similarly

situated is also entitled for similar reliefs on principle of parity.

4. Accordingly, following:

##PAGE4##

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NC: 2026:KHC:5526

WP No. 23609 of 2021

HC-KAR

ORDER

(i). Petition is allowed in part.

(ii). Impugned demand note dated 09.12.2021 as

per Annexure-H, issued by respondent No.2 is

quashed.

(ii). Respondents are directed to consider the

applications of the petitioner in terms of the

Government order dated 13.09.2019.

Sd/-

(M.G.S. KAMAL)

JUDGE

RL

List No.: 1 Sl No.: 15

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