JINESH D. Vs. BRUHAT BENGALURU MAHANAGAR PALIKE

JUDGEMENT

(1.) The petitioner is the owner of the property in No.5[PID No. 12-1-5] within Bruhat Bengaluru Mahanagara Palike Ward No.68, Mahalaxmipuram, Sri Ganesha Block Main Road, Nandini Layout, Bengaluru [the Subject Property]. The petitioner has filed this writ petition because the second respondent has sealed the building in the subject property. Sri Pawan Kumar, a learned standing counsel for the BBMP and its officials [the respondents herein] are heard for final disposal of the petition with Sri Jwala Kumar, the learned counsel for the petitioner, contending that the building is sealed without due opportunity to the petitioner to show cause against such action and despite payment of taxes for the relevant years 2018-19 to 2020-21.

(2.) Sri Pawan Kumar submits that the proceedings under Sec. 144 of the Bruhat Bengaluru Mahanagara Palike Act, 2020 [BBMP Act] are concluded in the month of September 2024 and in terms of such concluded proceedings, the petitioner will have to pay for each year [between 2018-10 and 2020-21], tax, penalty and interest in a sum between Rs.1,50,000.00 to Rs.3,00,000.00, and the learned counsel also submits that if the petitioner avails the One Time Settlement, which would be open till 30/11/2024, will only have to pay Rs.2,27,226.00 for the entire period.

(3.) Sri Jwala Kumar, in response, submits that the petitioner has offered taxes for the subject property during the relevant years declaring that he is in possession of the subject property as all the tenants had vacated the premises in the subject property with the onset of Covid-19 and also for other reasons, and that it is only recently that the petitioner has been able to let out certain premises in the construction.