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Judgment
Mr.V.Sreenidhi, learned advocate, accepts notice for the respondents. Therefore, formal service of notice to them is dispensed with.
This is an appeal against the interim order dated January 18, 2017, passed by the Hon''ble Single Judge in Writ Petition No.2069 of 2017.
By filing this writ petition, the State Bank of Mysore challenged the authority of the Bruhat Bengaluru Mahanagara Palike (''BBMP'', in short) imposing advertisement tax liability along with penalty and interest on the allegation that the BBMP authorities have no jurisdiction.
The Hon''ble Single Judge entertained the writ petition and relying upon an earlier consent order in another batch of matters, directed the writ petitioner to follow the directions passed in the earlier matters. His Lordship fixed this matter for hearing along with the earlier matters.
Mr.Jayakumar S.Patil, learned senior advocate appearing for the appellant submits that the consent order could not be made binding on the writ petitioner when he has not given his consent.
We feel that justice will be sub-served if the writ appeal is disposed of by granting liberty to the State Bank of Mysore to make a representation to the Assessing Authority of the BBMP challenging the demand made by them, within a fortnight.
If such a representation is made, the Assessing Authority shall consider and dispose of the same by passing a reasoned and speaking order after giving opportunities of hearing to the representatives of the State Bank of Mysore, within a period of two months from the date of submission of such representation.
With the aforesaid direction, the writ appeal is disposed of. The order impugned is set aside.
Mr.Jayakumar S.Patil submits that this order virtually disposes of the main writ petition. He undertakes to move the Hon''ble Single Judge for withdrawal of the writ petition.
Liberty is granted to the appellant to approach the Hon''ble Single Judge for withdrawal of the writ petition.
If approached, the Hon''ble Single Judge shall consider the request for withdrawal of the writ petition in accordance with law.
In view of the disposal of the writ appeal, the pending interlocutory applications do not survive for consideration and are, accordingly, disposed of.
There will be no order as to costs.