- 1 - NC: 2025:KHC:12536 WP No. 8716 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 8716 OF 2025 (GM-BWSSB) BETWEEN: 1. MR.B.SIDDEGOWDA AGED ABOUT 53 YEARS, S/O BALLAIAH NO.94, 11TH CROSS, ULLAL MAIN ROAD, JNANAGANGANAGAR, BENGALURU – 560 056. 2. MR.BABU AGED ABOUT 63 YEARS, S/O SHANKRAPPA KAMBAR NO.26/24, 7TH CROSS, SARASWATHINAGAR, MARENAHALLI, VIJAYANAGAR, BENGALURU – 560 040. 3. MRS.DR.AMBUJAKSHI AGED ABOUT 59 YEARS, W/O BABU KUMBAR B.S., NO.26/24, 7TH CROSS, SARASWATHINAGAR, MARENAHALLI, VIJAYANAGAR, BENGALURU – 560 040. Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC:12536 WP No. 8716 of 2025 4. MR.HANUMANTHARAYAPPA AGED ABOUT 62 YEARS, S/O HANUMEGOWDA NO.703, SRI MARUTHI NILAYA, OPPOSITE A I T COLLEGE, MALLATHALLI LAYOUT, KENGUNTE, BALAGANGADHAR NAGAR, BENGALURU – 560 056. …PETITIONERS (BY SRI PRATAP REDDY S., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY UNDER SECRETARY URBAN DEVELOPMENT DEPARTMENT VIDHANA SOUDHA, BENGALURU – 560 001. 2. BANGALORE WATER SUPPLY AND SEWERAGE BOARD REPRESENTED BY ITS ENGINEER-IN-CHIEF 2ND FLOOR, CAUVERY BHAVAN, K.G. ROAD BENGALURU – 560 009. 3. THE CHIEF ENGINEER BANGALORE WATER SUPPLY AND SEWERAGE BOARD 6TH FLOOR, CAUVERY BHAVAN, K.G. ROAD BENGALURU – 560 009. - 3 - NC: 2025:KHC:12536 WP No. 8716 of 2025 4. THE CHIEF ADMINISTRATIVE OFFICER CUM SECRETARY BANGALORE WATER SUPPLY AND SEWERAGE BOARD CAUVERY BUILDING, DISTRICT OFFICES ROAD BENGALURU – 560 001. 5. THE OFFICE OF ASSISTANT EXECUTIVE ENGINEER BANGALORE WATER SUPPLY AND SANITARY BOARD (WEST) 5TH BLOCK, 2ND STAGE, RING ROAD, NAGARABHAVI, BENGALURU – 560 072. …RESPONDENTS (BY SRI MOHAMMED JAFFAR SHAH, AGA FOR R-1; SRI B.L.SANJEEV, ADVOCATE FOR R-2 TO R-5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE GO NO. UDD 145 MNI 2004 DATED 28/02/2005 ISSUED BY RESPONDENT NO. 1, AS CONTAINED IN ANNEXURE-B IN SO FAR AS PETITIONER CONCERN 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 The petitioners are before this Court seeking the following prayers: - 4 - NC: 2025:KHC:12536 WP No. 8716 of 2025 “i. grant an order, direction or writ in the nature of Certiorari quashing the GO No. UDD 145 MNI 2004 dated 28/02/2005 issued by Respondent No. 1, as contained in ANNEXURE-B; insofar as petitioner concern. ii. grant an order, declaring that the amended Regulation No. 5 of the Bangalore Water Supply (Amended) Regulations, 2015 as amended by the Notification No. BWSSB/C/CAO-S/4137/2015-16, Bengaluru dated 25/02/2016, issued by 4th Respondent, published in Karnataka State Gazette Part-IV-A dated 26-02-2016 No.325, as contained in ANNEXURE-C as being ultra vires in the Constitution of India; insofar as petitioners concern. iii. grant an order, direction or writ in the nature of Certiorari quashing the Circular No. BWSSB/EIC/CE(M)/ DCE(M)-I/TA(M)-III/59/2017-18 dated 03/04/2017, issued by 2nd Respondent as contained in ANNEXURE-D, insofar as Petitioner concern. iv. grant an order, direction or writ in the nature of Certiorari quashing the Demand Note on the Application bearing No. OWC/CE(M)/AEE(W22)/2025- 26 dated 12.02.2025 issued by 3rd Respondent as contained in ANNEXURE-E insofar as demand for payment of advance probable prorata charges under para 2 and GBWASP/BCC charges under para 3 of the said demand note; insofar as petitioner concern. V. grant an order, direction or writ in the nature of Mandamus, directing the Respondents to refrain from invoking the impugned GO No. UDD 145 MNI 2005 dated 28/02/2005 as contained in ANNEXURE-B; vi. grant an order, direction or writ in the nature of Mandamus, directing the Respondents to refrain from invoking the impugned Notification No. BWSSB/C/CAO-S/4137/2015-16, Bengaluru dated 25/02/2016, published in Karnataka State Gazette Part-IV-A dated 26-02-2016 No.325, as contained in ANNEXURE-C; - 5 - NC: 2025:KHC:12536 WP No. 8716 of 2025 vii. grant an order, direction or writ in the nature of Mandamus, directing the Respondents to refrain from invoking the impugned Circular No BWSSB/EIC/ CE(M)/DCE(M)-I/TA(M)-III/59/9017-18 dated 3/4/2017 as contained in ANNEXURE-D. viii. grant an order, direction or writ in the nature of Mandamus, directing the Respondents to refrain from invoking the impugned Demand Note on the Application bearing No. OWC/CE(M)/AEE(W22)/2025- 26 dated 12.02.2025 as contained in ANNEXURE-E insofar as demand for payment of advance probable pro rata charges under Sl. No. 2 and GBWASP/BCC charges under Sl. No. 3 of said demand notice; ix. grant an order, direction or writ in the nature of Mandamus, directing the Respondents to issue the No Objection Certificate without insisting payment of Advance Probable Pro Rata Charges and GBWASP charges; Χ. and such other relief or reliefs as this Hon'ble Court may deem fit to grant, including cost of the Petitioners, in the facts and circumstances of the case, in the interest of justice and equity.” 2. Heard Sri Pratap Reddy S, learned counsel appearing for petitioners, Sri Mohammed Jaffar Shah, learned Additional Government Advocate appearing for respondent No.1 and Sri B.L.Sanjeev, learned counsel appearing for respondent Nos.2 to 5. 3. The charges levied against the petitioners in the case at hand are, Beneficiary Capital Contribution Charges, Greater Bangalore Water Sewerage Project charges and Advance - 6 - NC: 2025:KHC:12536 WP No. 8716 of 2025 Probable Pro Rata Charges. 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 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 - 7 - NC: 2025:KHC:12536 WP No. 8716 of 2025 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.” 4. In the light of the issues being 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. Consequently, I.A.No.1 of 2025 also stands disposed. Sd/- (M.NAGAPRASANNA) JUDGE BKP List No.: 1 Sl No.: 51