- 1 - NC: 2025:KHC:6474 WP No. 274 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 274 OF 2025 (GM-BWSSB) BETWEEN: 1. M/S. SRIVARI DWELLINGS A REGISTERED PARTNERSHIP FIRM NO.JNR F-439-2024-25 HAVING ITS OFFICE AT NO.7, (OLD NO.26) 4TH FLOOR, G R BHASKAR PLAZA, 8TH "C" MAIN ROAD, JAYANAGAR 4TH BLOCK, BENGALURU - 560 011, REPRESENTED BY ITS PARTNERS. A). SRI. UMESHA J AGED ABOUT 37 YEARS, S/O LATE JAGANNATH, B). SRI JAI PRAKASH E.J, AGED ABOUT 32 YEARS, S/O LATE JAYACHANDRA NAIDU E, BOTH ARE R/AT OFFICE AT NO.7 (OLD NO.26), 4TH FLOOR, G R BHASKAR PLAZA, 8TH C MAIN ROAD, JAYANAGAR 4TH BLOCK, BENGALURU - 560 011. …PETITIONERS (BY SRI. MANJUNATHA S.V, ADVOCATE) Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:6474 WP No. 274 of 2025 AND: 1. THE STATE OF KARNATAKA BY ITS ADDITIONAL CHIEF SECRETARY, THE URBAN DEVELOPMENT DEPARTMENT, VIKASA SOUDHA, BANGALORE - 560 001. 2. BANGALORE WATER SUPPLY AND SEWERAGE BOARD, 2ND FLOOR, CAUVERY BHAVAN, KEMPEGOWDA ROAD, BANGALORE - 560 001, REPRESENTED BY ITS CHAIRMAN. 3. THE CHIEF ENGINEER (SOUTH), BANGALORE WATER SUPPLY AND SEWERAGE BOARD, 6TH FLOOR, CAVUERY BHAVAN, KEMPEGOWDA ROAD, BANGALORE - 560 001. …RESPONDENTS (BY SRI. MOHAMMED JAFFAR SHAH, AGA FOR R1; SRI. B.S. SHRINIVAS, ADVOCATE FOR SRI.B.L.SANJEEV, ADVOCATE FOR R2 AND R3) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-THIS WP IS FILED PRAYING TO A) ISSUE A WRIT OR ORDER BY WAY OF CERTIORARI QUASHING THE DEMAND NOTICE DATED 03/01/2025, BEARING NO.BWSSB-NOC-2024-12-79- 122010414243, ISSUED BY THE RESPONDENT NO.3 (ANNEXURE- C) FOR DEMANDING THE GREATER BANGALORE WATER SUPPLY AND SEWERAGE PROJECT/BENEFICIARY CAPITAL CONTRIBUTION (GBWASP/BCC) CHARGES IS CONCERNED AS ILLEGAL, ARBITRARY, WITHOUT AUTHORITY - 3 - NC: 2025:KHC:6474 WP No. 274 of 2025 OF LAW AND VIOLATION OF ARTICLE OF 14 OF THE CONSTITUTION AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE R DEVDAS ORAL ORDER Learned counsel for the petitioners submits that at Annexure-F, is an order passed by this Court upholding the demand for Advance Probable Pro Rata Charges and Treated Water Charges for Construction, while declaring the demand of Beneficiary Capital Contribution Charges and Greater Bangalore Water Sewerage Project Charges as illegal. Learned counsel therefore prays for similar orders. 3. Accordingly, the writ petition stands disposed of in the following terms: (i) The writ petition is allowed in part. (ii) The demand of Advance Probable Pro Rata Charges and Treated Water Charges for Construction are upheld. - 4 - NC: 2025:KHC:6474 WP No. 274 of 2025 (iii) The demand of Beneficiary Capital Contribution Charges and Greater Bangalore Water Sewerage project charges are held to be illegal. (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 Bangalore Water Supply and Sewerage Act, or the Rules, by making suitable amendments to the Act, Rules or the Regulations. (v) Petitioners in this petition who have deposited amounts demanded as Beneficiary Capital Contribution Charges and Greater Bangalore Water Sewerage project charges are entitled to refund 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 the cases where in the event. the petitioners has deposited the amount before this Court, as a condition precedent for grant of the interim order, the Registry shall refund - 5 - NC: 2025:KHC:6474 WP No. 274 of 2025 those amounts to the petitioners, in case of any deposit of the kind.” Sd/- (R DEVDAS) JUDGE rv List No.: 1 Sl No.: 84 CT: BHK