Writ Petition No. 4299 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:7955 WP No. 4299 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 4299 OF 2025 (GM-BWSSB) BETWEEN: 1. BHAGYAMMA W/O VENKATESHA REDDY, AGED: 71 YEARS, R/AT: HALANAYAKANAHALLI MAIN ROAD, CARMELLARAM BENGALURU, EAST TALUK BENGALURU. 2. GOWRAMMA W/O. K.C. KODANDA RAMA REDDY, AGED: 77 YEARS, R/AT: NO.177 KONAPPA AGRAHARA KAUSALYA TOWER, HOUSE NO.26 BENGALURU EAST TALUK BENGALURU. 3. GURAMMA W/O. LATE YALLAPPA, AGED: 82 YEARS, 4. PAPAMMA W/O. MALLIKARJUNAREDDY, AGED ABOUT 56 YEARS, 5. MANJUANTH M. S/O. MALLIKARJUNAREDDY, AGED ABOUT 37 YEARS, PETITIONERS 3 TO 5 ARE RESIDING AT: NO 256 RAMA TEMPLE ROAD, DODDAKANNENAHALLI, BENGALURU- 560035. Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - NC: 2025:KHC:7955 WP No. 4299 of 2025 6. V. CHANDRA REDDY S/O. VENKATAPPA REDDY, AGED: 61 YEARS, R/AT: NO.124/1 CHIKKANAYAKANAHALLI ROAD, NEAR MUNISWAMY TENMPLE, DODDAKANNENAHALLI CARMELARAM, BENGALURU SOUTH TALUK BENGALURU. 7. KAMALA W/O. CHANDRA REDDY, AGED: 56 YEARS, R/AT: NO.124/1, CHIKKANAYAKANAHALLI ROAD, NEAR MUNISWAMY TENMPLE, DODDAKANNENAHALLI, CARMELAMARM BEGNALURU SOUTH TALUK, BENGALURU. 8. CHAITHRA D/O. CHANDRA REDDY, W/O. NARAYANASWAMY REDDY, AGED: 37 YEARS, R/AT: NO.77-1, 1- CROSS SGR COLLEGE ROAD MUNNEKOLALA, BENGALURU NORTH MARATHAHALLI COLONY BENGALURU -560037. 9. V. MUNIREDDY S/O. VENKATAPPA REDDY, AGED: 69 YEARS, 10. M. ANUSUYAMMA W/O. V. MUNIREDDY, AGED: 61 YEARS, PETITIONERS 11 AND 12 ARE R/AT: NO.916 CHIKKANAYAKANAHALLI ROAD SOMESHWARA LAYOUT, DODDAKANNENAHALLI, CARMELARAM BENGALURU SOUTH TALUK - 3 - NC: 2025:KHC:7955 WP No. 4299 of 2025 BENGALURU -560035. 11. KOMALA D/O. V. MUNI REDDY, AGED: 42 YEARS, R/AT: HULIMANGALA JIGANI, BANGALORE -560105. 12. LAKSHMI NARENDRA M. S/O. V. MUNIREDDY, AGE: 40 YEARS, R/AT: NO. 916 CHIKKANAYAKANAHALLI ROAD SOMESHWARA LAYOUT, DODDAKANNENAHALLI, CARMELARAM BENGALURU SOUTH TALUK, BENGALURU -560035. 13. RAVI M. S/O. V. MUNIREDDY, AGE: 39 YEARS, R/AT: NO.916 CHIKKANAYAKANAHALLI ROAD SOMESHWARA LAYOUT, DODDAKANNENAHALLI, CARMELARAM BENGALURU SOUTH TALUK, BENGALURU -560035. PETITIONERS 1 TO 13 ARE REPRESENTED BY THEIR GPA HOLDER M/S MANA PROJECTS PRIVATE LTD., OFFICE AT NO.20/7, “SWAMY LEGATO” 3RD FLOOR, KADUBEESANAHALLI MARATHAHALLI OUTER RING ROAD BENGALURU, REPT. BY ITS MANAGING DIRECTOR. D. KISHORE REDDY. 14. M/S MANA PROJECTS PVT. LTD., A REGISTERED COMPANY INCORPORATED UNDER THE PROVISIONS OF THE INDIAN COMPANIES ACT 1956, HAVING IT'S REGISTERED OFFICE - 4 - NC: 2025:KHC:7955 WP No. 4299 of 2025
Legal Reasoning
AT NO. 20/7, “SWAMY LEGATO”, 3RD FLOOR, KADUBEESANAHALLI, MARATHAHALLI OUTER RING ROAD, BANGALORE -560103, REPRESENTED BY IT'S MANAGING DIRECTOR, MR. D. KISHORE REDDY, DULY REPRESENTED BY HIS REGISTERED SPECIAL POWER OF ATTORNEY HOLDER SRI. A. SYAM PRASAD S/O. SRI. A. SUNDAR RAMI REDDY. …PETITIONERS (BY SRI P.C. VINITHA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPT. BY ADDITIONAL CHIEF SECRETARY URBAN DEVELOPMENT DEPARTMENT VIDHANA SOUDHA BENGALURU -560001. 2. THE CHAIRMAN BENGALURU WATER SUPPLY AND SEWERAGE BOARD CAUVERY BUILDING DISTRICT OFFICERS ROAD BENGALURU -560001. 3. ENGINEER IN CHIEF, BENGALURU WATER SUPPLY AND SEWERAGE BOARD 2ND FLOOR CAUVERY BHAVAN, K.G.ROAD BENGALURU -560009. 4. THE CHIEF ENGINEER(EAST), BENGALURU WATER SUPPLY AND SEWERAGE BOARD 2ND FLOOR CAUVERY BHAVAN, K.G.ROAD BENGALURU -560009. - 5 - NC: 2025:KHC:7955 WP No. 4299 of 2025 5. THE CHIEF ADMINISTRATIVE OFFICER CUM SECRETARY, BENGALURU WATER SUPPLY AND SEWERAGE BOARD CAUVERY BUILDING, DISTRICT OFFICERS ROAD BANGALORE- 560001. (BY SRI JAGADEESHA B. N., ADDL. SPP) …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA IS PRAYING TO, i) QUASH ANNEXURE-E DEMAND NOTE DATED 20.1.2025 ISSUED BY 4TH RESPONDENT TO PETITIONER DEMANDING TO MAKE PAYMENT OF RS.2,52,09,298/- WITH RESPECT TO ADVANCE PROBABLE PRORATE CHARGES GBWASB/BCC, NOC FEES AND ALSO QUASH ANNEXURE-G THE CIRCULAR DATED 3.4.2017 BEARING NO. BWSSB/ EIC/ CE(M)/ DCE(M)-1/TA(M)- III/59/2017-2018 ISSUED BY 3RD RESPONDENT. ii) ISSUE A WRIT OF MANDAMUS TO REFRAIN FROM INVOKING THE IMPUGNED DEMAND NOTE DATED NIL ISSUED BY RESPONDENT NO.4 INSOFAR PAYMENT OF PROBABLE PRORATE CHARGES GBWASB/BCC AT CLAUSE II AND III OF DEMAND NOTICE. iii) ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENTS TO ISSUE NO OBJECTION CERTIFICATE WITHOUT INSISTING PAYMENT OF PROBABLE PRORATE CHARGES GBWASB/BCC AT CLAUSE II AND III OF DEMAND NOTICE. iv) ISSUE ANY OTHER WRIT, ORDER OR DIRECTION AS THIS HON’BLE COURT DEEMS FIT IN THE CIRCUMSTANCES OF THE CASE IN THE INTEREST OF JUTICE AND EQUITY. - 6 - NC: 2025:KHC:7955 WP No. 4299 of 2025 THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER Heard Smt.P.C.Vinitha, learned counsel for petitioners and Sri.B.N.Jagadeesha, learned Additional Government Advocate for respondents. 2. The charges levied against the petitioners, in the case at hand, are either few or all of these charges viz., Beneficiary Capital Contribution Charges, Greater Bangalore Water Sewerage Project charges, Advance Probable Pro Rata Charges and Treated Water Charges for Construction. These very charges were considered by this Court in W.P.No.20016 of 2021 c/w W.P.No.10020 of 2020, disposed on 05-04-2024, wherein this Court has upheld the Advance Probable Pro Rata Charges and Treated Water Charges for Construction and has quashed Beneficiary Capital Contribution Charges and Greater Bangalore Water Sewerage Project charges, by the following order: - 7 - NC: 2025:KHC:7955 WP No. 4299 of 2025 “35. For the aforesaid reasons, the following:
Decision
ORDER The Writ Petitions are allowed in part. (i) (ii) The demand of Advance Probable Pro Rata Charges and Treated Water Charges for Construction are upheld. (iii) The demand of Beneficiary Capital Greater Contribution and Bangalore Water Sewerage project charges are held to be illegal. Charges (iv) The obliteration as found in clause (iii) supra will not come in the way of the State or the Board to bring in the charges that are held to be illegal under the provisions of the Act or the Rules, by making suitable amendments to the Act, Rules or the Regulations. demanded (v) Petitioners in these petitions who have deposited as amounts Beneficiary Capital Contribution Charges and Greater Bangalore Water Sewerage project charges are entitled to refund of the same, for which purpose the petitioners shall submit a representation. The same shall merit consideration within 12 weeks from the date of receipt of the copy of this order. (vi) In cases where in the event the petitioners have deposited the amount before this Court, as a condition precedent for grant of the interim order, the Registry shall refund those amounts to the petitioners, in case of any deposit of the kind.” - 8 - NC: 2025:KHC:7955 WP No. 4299 of 2025 3. In the light of the issues answered by this Court supra standing covered to the case at hand on all its fours, the writ petition stands disposed on the very same findings and observations. Ordered accordingly. I.A.Nos.1 and 2 of 2025 are disposed, as a consequence. SD/- (M.NAGAPRASANNA) JUDGE RHR/- List No.: 19 Sl No.: 32