B.B. RAGHUNATH Vs. BRUHAT BANGALORE

JUDGEMENT

(1.) THE petitioner is assailing the impugned notices dated 07.06.2011 (Annexure-K) and the endorsement dated 06.07.2011 (Annexure-L) to the petition. The petitioner is also praying that the respondents be directed to consider the case of the petitioner in the light of the provisions contained under Section 112(2) of the Karnataka Municipal Corporations Act.

(2.) THE fact that the petitioner is the owner of the property bearing No. 2 in all measuring about 2000 Sq. Fts. situated at 5th Cross, Arcot Srinivasachar Street, Bangalore-560 053 is not in dispute. The said building has been let out in favour of the 3rd and 4th respondent. The claim of the petitioner is that the lease deeds have been entered into in respect of the properties and as such tenants were required to pay the taxes in respect of the property during the period for which the lease was in force. Though the eviction petitions have been filed and eviction orders have been passed, the lessees continued to remain in possession of the property. The sub-lessees in respect of the premises are stated to have challenged the said orders and ultimately in the said proceedings before the Hon'ble Supreme Court, time has been granted up to 31.05.2013 for the tenants to vacate from the premises.

(3.) IN the said circumstances, when the petitioner was disputing the liability in that regard, he had also sought for particulars from the 2nd respondent's office with regard to the actual amounts that had been paid by the lessees and has received the particulars from the office of the 2nd respondent by filing an application under the Right to Information Act. In that regard, the office of the 2nd respondent has furnished a statement indicating the tax payable and the amount paid for the periods 2000-01 to 2006-07. The said statement obtained by the petitioner is produced at Annexure-J to the petition and the same would disclose that the payment indicated therein is said to have been made towards the tax. This in fact would have to be taken into consideration by the 2nd respondent while ultimately determining the arrears from the actual amount which was liable to be paid.