- 1 - NC: 2025:KHC:14654 WP No. 8444 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 8444 OF 2025 (GM-BWSSB) BETWEEN: 1. K.C. ASHOK, S/O K.B. CHIKKAMUNIYAPPA, AGED ABOUT 58 YEARS, RESIDING AT NO. 01/KBC NILAYA, 11TH CROSS , KAMMAGONDANAHALLI, NEAR MARAMMA TEMPLE, BANGALORE NORTH, JALAHALLI WEST, BANGALORE - 560 015. 2. AVANISH AUTO LLP, HAVING ITS REGISTERED AT OFFICE AT NO. 32, INTERNATIONAL AIRPORT ROAD, GANGANAGAR EXTENSION, HEBBAL, BANGALORE NORTH - 560 032, REPRESENTED BY ITS AUTHORISED DESIGNATED PARTNER REPRESENTATIVE/ DESIGNATED PARTNER MR. SHAMANTH P.S., (REGISTERED UNDER INDIAN PATNERSHIP ACT, 2008) …PETITIONERS (BY SMT. SOWMYA D.S, ADVOCATE FOR SRI. SAINATH D.M, ADVOCATE) Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC:14654 WP No. 8444 of 2025 AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS ADDITIONAL CHIEF SECRETARY, URBAN DEVELOPMENT DEPARTMENT, VIKAS SOUDHA, BANGALORE - 560 001. 2. BANGALORE WATER SUPPLY AND SEWERAGE BOARD, 2ND FLOOR CAUVERY BHAVAN, KEMPEGOWDA ROAD, BANGALORE - 560 001, REPRESENTED BY ITS COMMISSIONER. 3. THE CHIEF ENGINEER (NORTH WEST-3 DIVISION), BANGALORE WATER SUPPLY AND SEWERAGE BOARD, 6TH FLOOR, CAUVERY BHAVAN, KEMPEGOWDA ROAD, BANGALORE - 560 001. …RESPONDENTS (BY SRI. MOHAMMED JAFFAR SHAH, AGA FOR R1; 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 QUASHING THE DEMAND NOTICE DATED 17.12.2024 BEARING NO. OWC/CE(M)/AEE (NW3)/2024-25 ISSUED BY THE R-2 PRODUCED AS ANNX-C AT PAGE NO. 48-49 AND ETC., - 3 - NC: 2025:KHC:14654 WP No. 8444 of 2025 THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER Heard Smt. Sowmya D.S., learned counsel for Shri Sainath D.M., learned counsel appearing for the petitioners; Shri Mohammed Jaffer Shah, learned Additional Government Advocate appearing for respondent No.1 and Shri B.L. Sanjeev, learned counsel appearing for respondents No.2 and 3. 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 - 4 - NC: 2025:KHC:14654 WP No. 8444 of 2025 Charges and Greater Bangalore Water Sewerage Project charges, by the following order: “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.” - 5 - NC: 2025:KHC:14654 WP No. 8444 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. Sd/- (M.NAGAPRASANNA) JUDGE JY List No.: 1 Sl No.: 55 CT: BHK