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2025 DAILYLAW 18805 (KAR)

B P MANJUNATHA v. STATE OF KARNATAKA

WP/7625/2024 · 2025-04-21

M Nagaprasanna

body2025

Judgment text

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- 1 - NC: 2025:KHC:16344 WP No. 7625 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 7625 OF 2024 (GM-BWSSB) BETWEEN: 1. B P MANJUNATHA, S/O BEGUR PUTELAPPA, AGED ABOUT 74 YEARS, OCC RETIRED,R/AT 300/3B1, BSNL EXCHANGE BUILDING, NEAR GOVERNMENT SCHOOL, BEGUR, BEGUR SOUTH, BENGALURU - 560068, (SENIOR CITIZEN BENEFIT NOT CLAIMED). 2. CHANDRAPPA, S/O BEGUR PUTELAPPA, AGED ABOUT 67 YEARS, OCC AGRICULTURE, NO. 917, GANESHA TEMPLE ROAD, BEGUR, BEGUR SOUTH, BENGALURU - 560068, (SENIOR CITIZEN BENEFIT NOT CLAIMED). 3. SMT NAGARATHNA, D/O BEGUR PUTELAPPA AND W/O VENKATESH, AGED ABOUT 72 YEARS, OCC HOUSE HOLD NO. 130/222, CHIKKABEGURU, BEGUR SOUTH, BENGALURU - 560068 (SENIOR CITIZEN BENEFIT NOT CLAIMED). …PETITIONERS (BY SRI. S B MATHAPATI.,ADVOCATE) AND: 1. STATE OF KARNATAKA, URBAN DEVELOPMENT, Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC:16344 WP No. 7625 of 2024 VIDHANA SOUDHA, BENGALURU - 560001, REPRESENTED BY ITS CHIEF SECRETARY. 2. THE CHAIRMAN, BENGALURU WATER SUPPLY AND SEWERAGE BOARD, 2ND FLOOR, CAUVERY BHAVAN, KEMPEGOWDA ROAD, BENGALURU - 560009. 3. THE CHIEF ENGINEER (S) BENGALURU WATER SUPPLY AND SEWERAGE BOARD, 2ND FLOOR, CAUVERY BHAVAN, KEMPEGOWDA ROAD, BENGALURU - 560009. …RESPONDENTS (BY SRI MOHAMMED JAFFAR SHAH, AGA FOR R1, SRI B L SANJEEV, ADVOCATE FOR R2 AND R3) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE IMPUGNED CIRCULAR BEARING NO.BWSSB/EIC/CC(M)/ DCE(M)-I/TA (M)-III/59/2017.18 DTD APRIL 03, 2017 ISSUED BY THE R3(ANNEXURE-A) AND ETC. 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 B Mathapati, learned counsel for petitioners, Sri. Mohammed Jaffar Shah, learned Additional Government Advocate for respondent No.1 and Sri B L Sanjeev, learned counsel for respondent Nos.2 and 3. 2. The charges levied against the petitioners, in the case at hand, are either few or all of these charges viz., - 3 - NC: 2025:KHC:16344 WP No. 7625 of 2024 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: “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 - 4 - NC: 2025:KHC:16344 WP No. 7625 of 2024 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 is 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 has 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 petition stands disposed on the very same findings and observations. Ordered accordingly. I.A.No.1 of 2024 is disposed, as a consequence. Sd/- (M.NAGAPRASANNA) JUDGE CHS List No.: 1 Sl No.: 470