COMMISSIONER Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This intra Court appeal has been filed against order dtd. 16/12/2020 passed by the learned Single Judge by which the writ petition preferred by the respondent No.2 has been disposed of and the matter is remitted to the Bangalore Development Authority (hereinafter referred to as 'the Authority') to reconsider the liability of the respondent No.2 to pay the amounts demanded except the lease amount in accordance with law and in the light of the observations made in order of the learned Single Judge, within a period of three months.

(2.) Facts leading to filing of this appeal briefly stated are that the respondent No.2 was allotted a civic amenity site and lease so granted to the respondent No.2 was due to expire on 25/2/2014. The respondent No.2 made an application on 25/8/2014 seeking renewal of the lease. The aforesaid application was kept pending and eventually by a communication dtd. 11/9/2018, the respondent No.2 was informed that the lease has been renewed for the period of 30 years from 23/2/2014 to 22/2/2044 subject to respondent No.2 making payment of the amount. The respondent No.2 was also asked to pay interest for the period from 25/8/2014 to 11/9/2018 as well as GST and service tax. The respondent No.2 assailed the aforesaid demands in a writ petition which has been disposed of by the learned Single Judge.

(3.) Learned counsel for the appellant submitted that the learned Single Judge grossly erred in quashing the impugned demand notices and erred in directing the Authority to reconsider the liability of the respondent No.2 to repay the amounts.