THE HIGH COURT OF KARNATAKA
M.G.S. KAMAL
M/S PRIMROSE HOSPITALITY PVT LTD – Appellant
Versus
THE STATE OF KARNATAKA – Respondent
WP 1073/2022
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NC: 2026:KHC:5527
WP No. 1073 of 2022
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. 1073 OF 2022 (GM-RES)
BETWEEN:
M/S. PRIMROSE HOSPITALITY PVT. LTD
A PRIVATE LIMITED COMPANY HAVING ITS
REGISTERED OFFICE AT NO. 17/1
CAMPBELL ROAD
BENGALURU-560 047
REPRESENTED BY ITS AUTHORIZED SIGNATORY
MR. BIJU P. JOHN
…PETITIONER
(BY SRI. SAMMITH S, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS DEPUTY SECRETARY
Digitally DEPARTMENT OF HOME AFFAIRS
signed by (POLICE ASSISTANCE SERVICES)
SUMA B N
VIDHANA SOUDHA
Location:
HIGH BENGALURU-560 001
COURT OF
KARNATAKA
2. THE DIRECTOR GENERAL OF POLICE
AND DIRECTOR GENERAL
FIRE FIGHTING AND EMERGENCY
SERVICES DEPARTMENT
NO.1, ANNASWAMY MODALIYAR ROAD
BENGALURU-560 042
…RESPONDENTS
(BY SMT. B.P. RADHA, AGA)
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NC: 2026:KHC:5527
WP No. 1073 of 2022
HC-KAR
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE GOVERNMENT ORDER DTD.13.9.2019 THE
GOVERNMENT ORDER DTD.13.9.2019 ISSUED BY THE R-1 AS
CONTAINED IN ANNEXURE-F REVISING THE RATES INCLUDING
CHARGES FOR ISSUE OF NO OBJECTION CERTIFICATE FOR
CONSTRUCTION OF HIGH-RISE BUILDING OTHER THAN TAXES
IMPOSED BY THE FIRE DEPARTMENT AND QUASH THE ONLINE
DEMAND NOTE DTD.1.2.2020 ISSUED BY THE R-2 AS
CONTAINED IN ANNEXURE-J 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
Petitioner is 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. 2019dated
13/09/2019 issued by the 1st Respondent as contained in
ANNEXURE-F, 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;
ii. grant an order, direction or writ in the nature of certiorari
quashing the online demand note bearing No.
KSFES/DemNo/988/19-20 dated 01/02/2020 issued by 2nd
Respondent, as contained in ANNEXURE-J;
iii. grant an order, direction or writ in the nature of certiorari
quashing the demand note bearing No.GBC(1)338/2012, dated
05/01/2022 issued by 2nd Respondent, as contained in
ANNEXURE-K;
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NC: 2026:KHC:5527
WP No. 1073 of 2022
HC-KAR
iv. 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;
v. 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:
ORDER
(i) Petition is allowed in part.
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NC: 2026:KHC:5527
WP No. 1073 of 2022
HC-KAR
(ii) Impugned demand note dated 01.02.2020 as per
Annexure-J 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.: 16
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