- 1 - NC: 2025:KHC:10792 WP No. 6526 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 6526 OF 2025 (GM-BWSSB) BETWEEN: 1. SUJATHA REDDY W/O R RAGHAVENDRA REDDY AGED ABOUT 60 YEARS R.AT NO. 47/10/01, 6TH CROSS, 10TH MAIN BENGALURU-560 085. 2. R VIJAYA RAGHAVA REDDY S/O M RAMA REDDY R. AT NO. 855, 3RD STREET, FERNS PARADISE, NEAR TOTAL MALL, DODDANEKKUNDI, BENGALORE EAST, BENGALORE-37. REPRESENTED BY GPA HOLDER M/S 4 SQUARE ESTATES A REGISTERED PARTNERSHIP FIRM NO: INR-F962-2023-24 HAVING ITS OFFICE AT 60 RESIDENT OF NO.819, BASEMENT, DHANUSH SQURE, 27TH MAIN, 1ST SECTORE HSR LAYOUT, BENGALURU-560 102. a) THYAGARAJU S/O M CHENCHU NAIDU AGED ABOUT 61 YEARS b) SUNIL CHOWDARY S/O CHINABBA NAIDU C, c) SASHI MAHIDHAR CHALAPATHI S/O DORAIAH CHALAPATI, AGED ABOUT 42 YEARS, Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC:10792 WP No. 6526 of 2025 d) T DHANUSH S/O M THYAGARAJU, AGED ABOUT 31 YEARS, ALL ARE R/AT OFFICE AT NO.819, BASEMENT, DHANUSH SQURE, 27TH MAIN, 1ST SECTORE HSR LAYOUT, BENGALURU-560 102. …PETITIONERS (BY SRI. S.V. MANJUNATHA, ADVOCATE) AND: 1. THE STATE OF KARNATAK 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. REP. BY ITS CHAIRMAN 3. THE CHIEF ENGINEER (SOUTH) BANGALORE WATER SUPPLY AND SEWERAGE BOARD, 6TH FLOOR, CAUVERY BHAVAN, KEMPEGOWDA ROAD, BANGALORE-560 001. …RESPONDENTS (BY SRI.MOHAMMED JAFFER SHAH, AGA) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE DEMAND NOTICE DATED 15/11/2024, BEARING NO.BWSSB-NOC-2024-10-3703- 100508393597, 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 OF LAW AND VIOLATION OF ARTICLE OF 14 OF THE CONSTITUTION AND ETC., - 3 - NC: 2025:KHC:10792 WP No. 6526 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER Heard Sri.S.V.Manujatha, learned counsel for the petitioners and Sri Mohammed Jaffar Shah, learned Addl.Government Advocate for the 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: - 4 - NC: 2025:KHC:10792 WP No. 6526 of 2025 “35. For the aforesaid reasons, the following: ORDER (i) The Writ Petitions are allowed in part. (ii) The demand of Advance Probable Pro Rata Charges and Treated Water Charges for Construction are upheld. (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 Act or the Rules, by making suitable amendments to the Act, Rules or the Regulations. (iv) Petitioners in these petitions who have deposited amounts demanded as 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. (v) 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.” 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 - 5 - NC: 2025:KHC:10792 WP No. 6526 of 2025 petition stands disposed on the very same findings and observations. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE BK List No.: 1 Sl No.: 139