- 1 - NC: 2025:KHC:6296 WP No. 5147 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 5147 OF 2020 (GM-BWSSB) BETWEEN: BRIGADE ENTERPRISES LIMITED, 29TH AND 30TH FLOOR, WORLD TRADE CENTRE, BRIGADE GATEWAY CAMPUS, NO.26/1, DR.RAJKUMAR ROAD, MALLESHWARAM-RAJAJINAGAR, BANGALORE-560 055. REPRESENTED BY MR.UDAYA KUMAR.A. …PETITIONER (BY SRI. PRATIK JOSHI, ADVOCATE FOR SMT. MEENAKSHY K.NATESAN, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS ADDL.CHIEF SECRETARY, URBAN DEVELOPMENT DEPARTMENT, VIDHANA SOUDHA, BENGALURU-560 001. 2. THE CHAIRMAN, BENGALURU WATER SUPPLY AND SEWAGE BOARD, CAUVERY BUILDING, DISTRICT OFFICES ROAD, BENGALURU-560 001. 3. EXECUTIVE ENGINEER, BANGALORE WATER SUPPLY AND SEWERAGE BOARD, Digitally signed by PREMCHANDRA M R Location: High Court of Karnataka - 2 - NC: 2025:KHC:6296 WP No. 5147 of 2020 CENTRAL DIVISION, HIGH GROUNDS, MILLERS ROAD, BENGALURU-560 052. 4. ASSISTANT EXECUTIVE ENGINEER, BANGALORE WATER SUPPLY AND SEWERAGE BOARD, WATER SUPPLY AND SANITARY SUB-DIVISON (CENTRAL)-I, CHAKKALALBAG, BANGALORE-560 053. 5. THE ADMINISTRATIVE OFFICER CUM SECRETARY BENGALURU WATER SUPPLY AND SEWAGE BOARD, CAUVERY BUILDING, DISTRICT OFFICE ROAD, BENGALURU-560 001. 6. THE SUB-INSPECTOR OF POLICE, BMTF-POLICE STATION, BANGALORE-560 002. …RESPONDENTS (BY SRI. SRINIVAS KUMAR.M., HCGP FOR R1 & 6; SRI. SHRINIVAS., ADVOCATE FOR SRI.B.L.SANJEEV., ADVOCATE FOR R2 TO 5) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER Sri.Pratik Joshi., counsel on behalf of Smt.Meenakshy.K.Natesan., for the petitioner, Sri.Srinivas Kumar.M., HCGP for respondents 1 and 6 and Sri.Shrinivas., - 3 - NC: 2025:KHC:6296 WP No. 5147 of 2020 counsel on behalf of Sri.B.L.Sanjeev., for respondents 2 to 5 have appeared in person. 2. The Communications vide Annexures-A1, A2, A3 and A4 are called into question in this Writ Petition on several grounds as setout in the Memorandum of Writ Petition. 3. Counsel for the respective parties urged several contentions. Heard the arguments and perused the Writ papers with care. 4. Suffice it to note that pursuant to the Communication dated:13.06.2018 the petitioner has suitably replied on 29.06.2018 (Annexure-K). However, without considering the reply that has been submitted by the petitioner, the BWSSB went on issuing Communications one after the other i.e., on 21.08.2019 and 24.09.2019 and one more Police Notice has been issued on 12.09.2019 vide Annexures-A2, A3 and A4. This cannot be sustained. It is not in dispute that at an earlier point in time i.e., in the month of June 2018 a communication was issued alleging that the petitioner is discharging the waste water into storm water drain and the petitioner has suitably replied to the same. Needless to say, the - 4 - NC: 2025:KHC:6296 WP No. 5147 of 2020 authority is bound to consider the reply and act in accordance with the law. Hence, this Court deems it proper to direct the Officer Concerned of the BWSSB to consider reply submitted by the petitioner on 29.06.2018 and 19.06.2019 and act in accordance with law. 5. Resultantly, the Writ Petition is disposed of. If necessary the Officer Concerned of the BWSSB is at a liberty to inspect the premises of the petitioner by intimating the petitioner well in advance. Till passing of an appropriate order, the BWSSB is directed not to take any coercive steps as far as the petitioner is concerned. Sd/- (JYOTI MULIMANI) JUDGE MRP List No.: 2 Sl No.: 27