SMT. R. LAKSHMI v. BANGALORE WATER SUPPLY AND SEWERAGE BOARD
WP/6570/2025 · 2025-07-10
S Sunil Dutt Yadav
body2025
DailyLaw.ai
[ 2025 DAILYLAW 19637 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 19637 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:25512 WP No. 6570 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 6570 OF 2025 (GM-BWSSB)
BETWEEN:
1.
SMT. R. LAKSHMI W/O LATE M. RAJAGOPAL, AGED ABOUT 64 YEARS,
2.
SRI. RAJA GOPAL GOPALA KRISHNA S/O LATE RAJAGOPAL, AGED ABOUT 41 YEARS,
BOTH R/A #124/50, 20TH MAIN ROAD, PADMANABHANAGARA, BANGALORE SOUTH BANASHANKARI II STAGE, BANGALORE - 560 070.
… PETITIONERS (BY SRI. SADANAND G SHASTRI., ADVOCATE) AND:
1.
BANGALORE WATER SUPPLY AND SEWERAGE BOARD REPRESENTED BY ITS CHAIRMAN, CAUVERY BHAVAN, K.G. ROAD, BANGALORE-560 001.
Digitally signed by PRAKASH N Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:25512 WP No. 6570 of 2025
2.
THE CHIEF ENGINEER, (M) BANGALORE WATER SUPPLY AND SEWERAGE BOARD CAUVERY BHAVAN, K.G. ROAD, BANGALORE-560 001.
… RESPONDENTS (BY SRI. B.L. SANJEEV., ADVOCATE)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENTS TO CONSIDER THE REPRESENTATIONS DATED 15-01-2025 AT ANNEXURE-A AND B AND ETC.
THIS PETITION COMING ON FOR FRESH MATTERS LIST THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV
ORAL ORDER Petitioners have sought for consideration of their representations dated 15.01.2025 at Annexures-A and B and have further sought for consequent direction to the respondents to provide water connection for non-domestic purpose as well as sanitary connection to the schedule property. Certain other reliefs have been sought for as regards refund.
2. It is the case of the petitioners that they have paid all the charges and despite the earlier order passed in
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HC-KAR NC: 2025:KHC:25512 WP No. 6570 of 2025
W.P.21519/2016 and directions passed, no action has been taken by the respondents.
3. The representations made are to the effect that regular service as regards water utility is to be made.
4. Sri. B. L. Sanjeev, learned counsel appearing on behalf of the respondents submits that in terms of the notice and demand made, petitioners were required to pay the charges as on 24.03.2016 itself failing which the enhanced prorata charges would have to be calculated and petitioners would be required to pay the same.
5. Heard both sides.
6. It must be noticed that the request for service connection of utility was made even prior to the enhancement of prorata charges. In terms of Annexure-C notice dated 24.03.2016, petitioners were called upon to pay prorata charges. No doubt the petitioners have paid partial amount on 30.03.2016 and the remaining amount
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HC-KAR NC: 2025:KHC:25512 WP No. 6570 of 2025
on 20.04.2016 i.e., after 24.03.2016, it is noticed that in the interregnum i.e., on 25.03.2016 itself prorata charges came to be enhanced. Once the demand has been raised, the dues of the petitioners stand crystallised and accordingly, the obligation of the petitioners is to pay the amount has been crystalised in the notice dated
24.03.2016. In the peculiar facts of the present case, it cannot be stated that the petitioners are required to pay the enhanced prorata charges which came into force with effect from 25.03.2016. Accordingly, it can be stated that the payment though made subsequently as it relates to the demand of 24.03.2016, which is a day prior to the enhancement, the prorata charges ought to be treated as having been paid as per the pre-revised rates. It is also noticed that both the demands at Annexures-C and D have been paid.
7.
Learned counsel for the respondent submits that in terms of the notice dated 24.03.2016 all charges have been paid.
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HC-KAR NC: 2025:KHC:25512 WP No. 6570 of 2025
8. In light of the same and in light of the observations made above, the respondents to effect connection as sought for regarding water and sanitary connection within a period of one month from today.
9.
Learned counsel for the petitioners submits that petitioners would not insist on prayer (iii) with the expectation that the respondents would give connection within the time stipulated.
Accordingly, petition stands disposed off.
Sd/- (S SUNIL DUTT YADAV) JUDGE
VP