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2025 DAILYLAW 18489 (KAR)

SRI. BABU. G v. BENGALURU WATER SUPPLY AND SEWERAGE BOARD

WP/6833/2025 · 2025-03-19

M Nagaprasanna

body2025

Judgment text

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- 1 - NC: 2025:KHC:11460 WP No. 6833 of 2025 C/W WP No. 6391 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 6833 OF 2025 (GM-BWSSB) C/W WRIT PETITION NO. 6391 OF 2025 (GM-BWSSB) IN WP No. 6833/2025 BETWEEN: SRI. BABU. G AGED ABOUT 58 YEARS, S/O LATE. GOVINDA SWAMY, RESIDING AT NO.17, 2ND 'D' CROSS, LAKSHMAIAH REDDY ROAD, KACHARAKANAHALLI, BENGALURU - 560 084. …PETITIONER (BY SRI. SREEDHAR N.G, ADVOCATE) AND: 1. BENGALURU WATER SUPPLY AND SEWERAGE BOARD (A STATUTORY AUTHORITY CONSTITUTED UNDER THE BANGALORE WATER SUPPLY AND SEWERAGE ACT, 1964) HAVING ITS HEAD OFFICE AT 1ST FLOOR, CAUVERY BHAVAN, KEMPEGOWDA ROAD, BENGALURU - 560 009, REPRESENTED BY ITS CHAIRMAN. Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC:11460 WP No. 6833 of 2025 C/W WP No. 6391 of 2025 2. THE ASSISTANT EXECUTIVE ENGINEER, BENGALURU WATER SUPPLY AND SEWERAGE BOARD, KODIGEHALLI MAIN ROAD, PANAMA PARK, CAUVERY BHAVAN, BENGALURU - 560 092. 3. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, HOUSING AND URBAN DEVELOPMENT DEPARTMENT, VIKASA SOUDHA, DR. AMBEDKAR VEEDHI, BENGALURU - 560 001. …RESPONDENTS (BY SRI. B.L. SANJEEV, ADVOCATE FOR R1 AND R2; SRI. MOHAMMED JAFFAR SHAH, AGA FOR R3) THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-1 AND 2 TO CONSIDER AND ACT UPON THE PETITIONERS REPRESENTATION DTD. 19.08.2024 (ANNX-B) SEEKING FOR PROVIDING THE BASIC AMENITY OF WATER SUPPLY TO THE CONNECTION TO THE PETITIONERS INDEPENDENT RESIDENTIAL UNIT SITUATED IN THE PROPERTY BEARING CORPORATION NO. 37 SITUATED AT 1ST FLOOR, 3RD CROSS, 3RD MAIN ROAD, SUDHAMA NAGAR, LALBAGH ROAD, WILSON GARDEN, BENGALURU 560027 PRESENTLY WITHIN THE LIMITS OF WARD NO. 118 SUDHAMANAGAR WARD OF BRUHAT BANGALORE MAHANAGAR PALIKE, AND THAT THE SAID PROPERTY IS BEARING PID NO. 48-36-37. IN WP NO. 6391/2025 BETWEEN: SRI. RAVI. G AGED ABOUT 64 YEARS, S/O LATE. GOVINDA SWAMY, RESIDING AT NO.37, 1ST FLOOR, 3RD CROSS, 3RD MAIN, - 3 - NC: 2025:KHC:11460 WP No. 6833 of 2025 C/W WP No. 6391 of 2025 SUDHAMANAGAR, LAL BAGH ROAD, NEAR WILSON GARDEN, BENGALURU - 560 027. ...PETITIONER (BY SRI. SREEDHAR N.G, ADVOCATE) AND: 1. BENGALURU WATER SUPPLY AND SEWERAGE BOARD (A STATUTORY AUTHORITY CONSTITUTED UNDER THE BANGALORE WATER SUPPLY AND SEWERAGE ACT, 1964) HAVING ITS HEAD OFFICE AT 1ST FLOOR, CAUVERY BHAVAN, KEMPEGOWDA ROAD, BENGALURU - 560 009, REPRESENTED BY ITS CHAIRMAN. 2. THE ASSISTANT EXECUTIVE ENGINEER, BENGALURU WATER SUPPLY AND SEWERAGE BOARD, KODIGEHALLI MAIN ROAD, PANAMA PARK, CAUVERY BHAVAN, BENGALURU - 560 092. 3. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, HOUSING AND URBAN DEVELOPMENT DEPARTMENT, VIKASA SOUDHA, DR. AMBEDKAR VEEDHI, BENGALURU - 560 001. ...RESPONDENTS (BY SRI. B.L. SANJEEV, ADVOCATE FOR R1 AND R2; SRI. MOHAMMED JAFFAR SHAH, AGA FOR R3) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE - 4 - NC: 2025:KHC:11460 WP No. 6833 of 2025 C/W WP No. 6391 of 2025 R-1 AND 2 TO CONSIDER AND ACT UPON THE PETITIONERS REPRESENTATION DATED 19.08.2024 (ANNX-B) SEEKING FOR PROVIDING THE BASIC AMENITY OF WATER SUPPLY TO THE CONNECTION TO THE PETITIONERS INDEPENDENT RESIDENTIAL UNIT SITUATED IN THE PROPERTY BEARING CORPORATION NO. 37 SITAUTED AT 1ST FLOOR, 3RD CROSS, 3RD MAIN ROAD, SUDHAMA NAGAR, LALBAGH ROAD, WILSON GARDEN, BENGALURU 560027 PRESENTLY WITHIN THE LIMITS OF WARD NO. 118 SUDHAMANAGAR WARD OF BRUHAT BANGALORE MAHANAGAR PALIKE, AND THAT THE SAID PROPERTY IS BEARING PID NO. 48-36-37. THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioners are before this Court seeking the following prayers: "1. To issue order/grant a Writ in the nature of MANDAMUS directing the Respondents Nos.1 & 2 to consider and act upon the Petitioner's Representation dated.19/8/2024 (ANNEXURE-B) seeking for providing the basic amenity of water supply to the connection to the petitioner's independent residential unit situated in the property bearing Corporation No.37, situated at 1st floor, 3rd cross, 3rd Main Road, Sudhama Nagar, Lalbagh Road, Wilson Garden, Bengaluru-560 027, presently within the limits of Ward No.118, Sudhamanagar Ward of Bruhat Bangalore Mahangara Palike, and that the said property is bearing PID No.48-36-37. - 5 - NC: 2025:KHC:11460 WP No. 6833 of 2025 C/W WP No. 6391 of 2025 2. To pass/issue such other order/writ/directions as this Hon'ble Court would deem fit and expedient in the circumstances of the case. and 3. To award the cost of this Writ Petition." 2. Heard Shri Sreedhar N.G., learned counsel appearing for the petitioners; Shri B.L. Sanjeev, learned counsel appearing for respondents No.1 and 2 and Shri Mohammed Jaffar Shah, learned Additional Government Advocate appearing for respondent No.3. 3. The learned counsel appearing for the respondents submits that no application seeking water connection is made in terms of the statute to the respondents to grant such water connection. It is only a representation at Annexure-B seeking water connection, which is also sent by way of registered post and further submits that there is a format seeking water supply connection and if the petitioners would submit in that format and within reasonable time, the application of the petitioners would be considered and appropriate orders would be passed. 4. In that light, reserving liberty to the petitioners to submit an application in terms of law and with the direction to the respondents to consider the same in accordance with law - 6 - NC: 2025:KHC:11460 WP No. 6833 of 2025 C/W WP No. 6391 of 2025 and pass necessary orders, without brooking any delay after the submission of the application, the petitions stands disposed. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE JY List No.: 1 Sl No.: 25 CT: BHK