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2026 Supreme(Online)(Kar) 16704

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



##PAGE1##

- 1 -

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)

##PAGE2##

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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;

##PAGE3##

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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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