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High Court of Karnataka · body

2025 DAILYLAW 19672 (KAR)

SRI. M. MANJUNATH REDDY v. STATE OF KARNATAKA

WP/7196/2025 · 2025-03-17

M Nagaprasanna

Public Interest Litigationbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:10981 WP No. 7196 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 7196 OF 2025 (GM-BWSSB) BETWEEN: 1. SRI. M. MANJUNATH REDDY, S/O LATE MUNIYAPPA REDDY, AGED ABOUT 53 YEARS, R/AT NO. 138, 1ST MAIN, 1ST CROSS, BENNIGANAHALLI, BENGALURU - 560 016. 2. SRI. N. JAYARAM, S/O LATE M. NARAYANA REDDY, AGED ABOUT 66 YEARS, R/AT NO.125, 1ST MAIN, 2ND CROSS, NEAR POST OFFICE, BENNIGANHALLI, BENGALURU - 560 016. 3. SRI. N. VASUDEVA REDDY, S/O NARAYANA REDDY, AGED ABOUT 59 YEARS, R/AT NO.125, 1ST MAIN, 2ND CROSS, NEAR POST OFFICE, BENNIGANHALLI, BENGALURU - 560 016. Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC:10981 WP No. 7196 of 2025 4. SRI. N. NAGARAJ, S/O NARAYANA REDDY, AGED ABOUT 57 YEARS, R/AT NO.125, 1ST MAIN, 2ND CROSS, NEAR POST OFFICE, BENNIGANHALLI, BENGALURU - 560 016. 5. SMT. NEELAMMA. S.M, D/O MUNI REDDY. S, W/O.LOGANATHAN. A.J, AGED ABOUT 60 YEARS, R/AT NO.20, 3RD CROSS, BIKASIPURA, BDA ISRO LAYOUT, BANASHANKARI 5TH STAGE, BENGALURU - 560 078. 6. SMT. MEENA M D/O MUNI REDDY. S, W/O JAYARAM M, AGED ABOUT 58 YEARS, R/AT NO.89, 3RD CROSS, PREMBROOK LAYOUT, PANATHUR MAIN ROAD, PANATHUR, BENGALURU - 560 103. 7. SMT. SAVITHRAMMA MUNI REDDY, D/O MUNI REDDY. S, W/O R. GOVINDA REDDY, AGED ABOUT 57 YEARS, R/AT NO.166/2, DOS HOUSING COLONY, JEEVANA BHIMA NAGAR, BENGALURU - 560 075, - 3 - NC: 2025:KHC:10981 WP No. 7196 of 2025 8. SRI. P. MUNISWAMY, S/O LATE. POOJAPPA, AGED ABOUT 76 YEARS, R/AT NO.127, NEAR VENUGOPALASWAMY TEMPLE, SADARAMANGALA, KADUGODI PLANTATION, BENGALURU - 560 067. 9. SRI. M. PILLA REDDY S/O. LATE. MUNIYAPPA REDDY AGED ABOUT 82 YEARS R/AT NO.12, NIRMAN NILAYA, SADARAMANGALA, KADUGODI POST, BENGALURU - 560 067. REPRESENTED BY THEIR GPA HOLDER M/S. RLP TRENDSQUARES PROJECTS PVT. LTD., A COMPANY REGISTERED UNDER COMPANIES ACT 2013, NO.1012, 10TH FLOOR, SIGNATURE TOWER-B, KATAMANELLURU GATE, VIRGO NAGAR POST, BANGALORE - 560 049, BY ITS MANAGING DIRECTOR SMT. R. LAKSHMI PRASANNA …PETITIONERS (BY SRI. T.P. VIVEKANANDA, ADVOCATE) AND: 1. STATE OF KARNATAKA, DEPARTMENT OF URBAN DEVELOPMENT, - 4 - NC: 2025:KHC:10981 WP No. 7196 of 2025 4TH FLOOR, VIKASA SOUDHA, BANGALORE - 560 001, REPRESENTED BY ITS SECRETARY. 2. BANGALORE WATER SUPPLY AND SEWERAGE BOARD, II FLOOR, CAUVERY BHAVAN, K.G. ROAD, BANGALORE - 560 009, REPRESENTED BY ITS CHAIRMAN. 3. ENGINEER-IN-CHIEF, BANGALORE WATER SUPPLY AND SEWERAGE BOARD, II FLOOR, CAUVERY BHAVAN, K.G.ROAD, BANGALORE - 560 009. 4. THE CHIEF ENGINEER (EAST), BANGALORE WATER SUPPLY AND SEWERAGE BOARD, II FLOOR, CAUVERY BHAVAN, K.G.ROAD, BANGALORE - 560 009. …RESPONDENTS (BY SRI. MOHAMMED JAFFAR SHAH, ADVOCATE FOR R1) THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE DEMAND NOTICE DATED NIL (APPLICATION NO.BWSSB-NOC-2024-8- 93-082106045638) GENERATED ON 15.02.2025 PRODUCED AT ANNEXURE-C ISSUED BY THE RESPONDENT NO.4 IN SO FAR AS THE DEMAND OF ADVANCE PROBABLE RORATE CHARGES - 5 - NC: 2025:KHC:10981 WP No. 7196 of 2025 OF RS. 1,01,76,025/- AND GWASP/BCC CHARGES RS.1,19,96,109/-ARE CONCERNED AND ETC., 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 Shri T.P. Vivekananda, learned counsel for appearing for the petitioners and Shri Mohammad Jaffar Shah, learned Additional Government Advocate for respondent No.1. 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 - 6 - NC: 2025:KHC:10981 WP No. 7196 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.” - 7 - NC: 2025:KHC:10981 WP No. 7196 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.: 80 CT: BHK