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
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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
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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;
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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:
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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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