- 1 - NC: 2025:KHC:16343 WP No. 7706 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. 7706 OF 2024 (GM-BWSSB) BETWEEN: 1. SMT. MANJULA DEVI P.N, W/O LATE DR H BASKER AGED ABOUT 63 YEARS 2. SRI AVINITH BASKER, S/O LATE DR H BASKER, AGED ABOUT 33 YEARS, 3. SRI ANCHITH BAKSER S/O LATE DR H BASKER AGED ABOUT 35 YEARS ALL ARE RESIDING AT NO 101 POORNA PALACE APARTMENTS, 2ND MAIN, 12TH A CROSS J P NAGAR, 3RD PHASE, BANGALORE- 560078. REPRESENTED BY THEIR GPA HOLDER M/S VERDANT BUILDERS AND DEVELOPERS HAVING ITS REGISTERED OFFICE AT NO 47/3 KUDLU MAIN ROAD, NEXT TO SBI BANK MADIWALA POST, KUDLU, BANGALORE- 560068, REPRSENTED BY ITS MANAGING PARTNER, MR NISCHAL RAJ, S/O N BABU RAJ. …PETITIONERS (BY SRI. DUSHYANTH ARADHYA H C.,ADVOCATE) Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC:16343 WP No. 7706 of 2024 AND: 1. THE STATE OF KARNATAKA, REPRSENTED BY ITS ADDITIONAL CHIEF SECRETARAY, URBAN DEVELOMENT DEPARTMENT, VIDHANA SOUDHA, BANGALORE - 560001. 2. THE CHAIRMAN, BANGALORE WATER SUPPLY AND SEWAGE BOARD, CAUVERY BUILDING, DISTRICT OFFICE ROAD, BANGALORE - 560001. 3. ENGINEER-IN-CHIEF BANGALORE WATER SUPPLY AND SEWEARAGE BOARD, 2NDFLOOR, CAUVERY BHAVAN, K G ROAD, BANGALORE - 560001. 4. THE CHIEF ENGINEER (CE DIVISION), BANGALORE WATER SUPPLY AND SEWAGE BOARD, 2ND FLOOR, CAUVERY BHAVAN, K G ROAD, BANGALORE - 560001. 5. THE CHIEF ADMINISTATIVE OFFICE CUM SECRETARY BANGALORE WATER SUPPLY AND SEWERAGE BOARD, CAUVERY BUILDING, DISTRICT OFFICE ROAD, BANGALORE - 560 001. …RESPONDENTS (BY SRI MOHAMMED JAFFAR SHAH, AGA FOR 1, SRI B L SANJEEV, ADVOCATE FOR R2 TO R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO QUASHING THE CIRCULAR NO.BWSSB/EIC/CE(M)TA(M)-II/59/2017.18 DTD 03.04.2017 ISSUED BY THE R3 AS CONTAINED IN ANNEXURE-D AND ETC. THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC:16343 WP No. 7706 of 2024 CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER Heard Sri Dushyanth Aradhya H C, 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 to 5. 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 - 4 - NC: 2025:KHC:16343 WP No. 7706 of 2024 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 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.” - 5 - NC: 2025:KHC:16343 WP No. 7706 of 2024 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.: 471