- 1 - NC: 2025:KHC:8850 WP No. 8953 of 2020 C/W WP No. 6290 of 2020 WP No. 7878 of 2020 AND 3 OTHERS IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 8953 OF 2020 (GM-RES) C/W WRIT PETITION NO. 6290 OF 2020 (LB-RES) WRIT PETITION NO. 7878 OF 2020 (GM-RES) WRIT PETITION NO. 7892 OF 2020 (GM-RES) WRIT PETITION NO. 8861 OF 2020 (GM-RES) WRIT PETITION NO. 8910 OF 2020 (GM-KEB) IN WP No. 8953/2020 BETWEEN: 1. S KARTHIK S/O SOMASHEKAR, AGED ABOUT 32 YEARS, RESIDING AT GULLAKAIPURA VILLAGE, ANUGONDANAHALLI HOBLI, HOSAKOTE TALUK, BENGALURU RURAL DIST.562114. …PETITIONER (BY SRI. BIPIN HEGDE., ADVOCATE FOR SRI. KARTHIK.V., ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF WATER RESOURCES, VIKASASOUDHA, BENGALURU-560001. Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:8850 WP No. 8953 of 2020 C/W WP No. 6290 of 2020 WP No. 7878 of 2020 AND 3 OTHERS 2. THE DEPUTY COMMISSIONER BENGALURU RURAL DISTRICT, BENGALURU-562110. 3. THE TAHSILDAR HOSAKOTE TALUK, HOSAKOTE, BENGALURU RURAL DISTRICT-562114. 4. THE SENIOR GEOLOGIST DISTRICT GROUNDWATER OFFICE, BENGALURU RURAL DISTRICT, ROOM NO.219, 2ND FLOOR, DISTRICT ADMINISTRATION BHAVAN, BEERASANDRA VILLAGE, DEVANAHALLI TALUK-562110. 5. THE ASSISTANT EXECUTIVE ENGINEER (E) BESCOM, HOSAKOTE SUBDIVISION, HOSAKOTE, BANGALORE RURAL DISTRICT-562114. 6. VILLAGE ACCOUNTANT MUTHSANDRA CIRCLE, ANUGONDANAHALLI HOBLI, HOSAKOTE TALUK, BANGALORE RURAL DISTRICT-562114. 7. THE STATION HOUSE OFFICER ANUGONDANAHALLI POLICE STATION, HOSAKOTE TALUK, BANGALORE RURAL DISTRICT-562114. …RESPONDENTS (BY SRI. V.G.BHANUPRAKASH, AAG FOR SRI. RAHUL CARIAPPA., AGA FOR R-1 TO R-4, R-6 & R-7; SRI. H.V.DEVARAJU., ADVOCATE FOR R-5) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDERS DATED 9.3.2020 AND ORDER DATED 20.3.2020 ISSUED BY THE R-3 AND R-6 DATED 29.04.2020 A TRUE COPIES OF WHICH IS PRODUCED AT ANNEXURE-D, F AND G RESPECTIVELY, ETC. - 3 - NC: 2025:KHC:8850 WP No. 8953 of 2020 C/W WP No. 6290 of 2020 WP No. 7878 of 2020 AND 3 OTHERS IN WP NO. 6290/2020 BETWEEN: 1. SRI H K JAGADEESHKUMAR S/O LATE H V KRISHNAREDDY, AGED ABOUT 45 YEARS, RESIDING AT HAROHALLI VILLAGE, ANUGONDANAHALLI HOBLI, HOSAKOTE TALUK-562114, BENGALURU RURAL DISTRICT. ...PETITIONER (BY SRI. BIPIN HEGDE., ADVOCATE FOR SRI. KARTHIK.V., ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF WATER RESOURCES, VIKASA SOUDHA 560001 2. THE DEPUTY COMMISSIONER BENGALURU RURAL DISTRICT, BENGALURU-560001. 3. THE TAHSILDAR HOSAKOTE TALUK, HOSAKOTE-562114, BENGLURU RURAL DISTRICT. 4. THE SENIOR GOLOGIST DISTRICT GROUNDWATER OFFICE, BENGALURU RURAL DISTRICT, ROOMNO.219, 2ND FLOOR, DISTICT ADMINISTRATION BHAVAN, BEERASANDRA VILLAGE DEVANAHALL TALUK-560194. 5. THE ASSISTANT EXECUTIVE ENGINEER(E) BESCOM HOSAKOTE SUBDIVISON, - 4 - NC: 2025:KHC:8850 WP No. 8953 of 2020 C/W WP No. 6290 of 2020 WP No. 7878 of 2020 AND 3 OTHERS HOSAKOTE-562114. 6. THE SUB INSPECTOR ANAGONDANAHALLI POLICE STATON, HOSAKOTE-562114, BENGALURU RURAL DISTRICT. ...RESPONDENTS (BY SRI. V.G.BHANUPRAKASH, AAG FOR SRI. RAHUL CARIAPPA, AGA FOR R-1 TO R-4 & R-6; SRI. H.V.DEVARAJU., ADVOCATE FOR R-5) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TOQUASH THE ORDER DATED 9.3.2020 ISSUED BY THE R-3 A TRUE COPY OF WHICH IS PRODUCED AT ANNEXURE-D, ETC. IN WP NO. 7878/2020 BETWEEN: 1. SMT SHYLAJA W/O DEVARAJ H K, AGED ABOUT 45 YEARS, SHREE RAJESHWARI (SRRO WATER POINT, HAROHALLI, HOSAKOTE TALUK, BENGALURU 560087 2. DEVARAJ H K S/O LT KRISHNAPPA, AGED ABOUT 55 YEARS, SHREE RAJESHWARI (SRRO WATER POINT, HAROHALLI, HOSAKOTE TALUK, BENGALURU 560087 ...PETITIONERS (BY SRI. BIPIN HEGDE, ADVOCATE FOR SRI. KARTHIK.V., ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, - 5 - NC: 2025:KHC:8850 WP No. 8953 of 2020 C/W WP No. 6290 of 2020 WP No. 7878 of 2020 AND 3 OTHERS DEPARTMENT OF WATER RESOURCES, VIKASA SOUDHA, BENGALURU 560001 2. THE DEPUTY COMMISSIONER BENGALURU RURAL DISTRICT, BENGALURU-560001. 3. THE TAHSILDAR HOSAKOTE TALUK, HOSAKOTE-560087, BENGALURU RURAL DISTRICT 4. THE SENIOR GEOLOGIST DISTRICT GROUNDWATER OFFICE, BENGALURU RURAL DISTRICT, ROOM NO 219, 2ND FLOOR, DISTRICT ADMINISTRATION BHAVAN, BEERASANDRA VILLAGE, DEVANAHALLI TALUK-560194. 5. THE ASSISTANT EXECUTIVE ENGINEER (E) BESCOM HOSAKOTE SUBDIVISION, HOSAKOTE-560087. 6. THE VILLAGE ACCOUNTATN MUTHSANDRA CIRCLE, ANUGONDANAHALLI HOBLI, HOSAKOTE TALUK-560087, BENGALURU RURAL DISTRICT 7. THE STATION HOUSE OFFICER ANNUGONDANAHALLI POLICE STATION, HOSAKOTE TALUK-560087, BENGALURU RURAL DISTRICT ...RESPONDENTS (BY SRI. V.G.BHANUPRAKASH, AAG FOR SRI. RAHUL CARIAPPA., AGA FOR R-1 TO R-4, R-6 & R-7; SRI. H.V. DEVARAJU., ADVOVATE FOR R-5) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDERS DATED 09.03.2020 AND ORDER DATED 20.03.2020 ISSUED BY - 6 - NC: 2025:KHC:8850 WP No. 8953 of 2020 C/W WP No. 6290 of 2020 WP No. 7878 of 2020 AND 3 OTHERS THE R-3 VIDE ANNEXURE-E AND G RESPECTIVELY, ETC. IN WP NO. 7892/2020 BETWEEN: 1. SMT C N MANJULA W/O H.K. MOHAN KUMAR AGED ABOUT 45 YEARS, RESIDING AT HAROHALLI, HOSAKOTE TALUK BENGALURU-560087 2. SRI.H.K. MOHAN KUMAR S/O H.A. KRISHNAPPA, AGED ABOUT 52 YEARS, RESIDING AT HAROHALLI, HOSAKOTE TALUK BENGALURU-560087 3. SRI.H.R. MANJUNATH S/O LATE RAMAIAH, AGED ABOUT 36 YEARS, RESIDING AT HAROHALLI, HOSAKOTE TALUK BENGALURU-560087 ...PETITIONERS (BY SRI. BIPIN HEGDE., ADVOCATE FOR SRI. KARTHIK.V., ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF WATER RESOURCES, VIKASA SOUDHA, BENGALURU-560 001 2. THE DEPUTY COMMISSIONER BENGALURU RURAL DISTRICT, BENGALURU-560 001 - 7 - NC: 2025:KHC:8850 WP No. 8953 of 2020 C/W WP No. 6290 of 2020 WP No. 7878 of 2020 AND 3 OTHERS 3. THE TAHSILDAR HOSAKOTE TALUK HOSAKOTE, BENGALURU RURAL DISTRICT-560087 4. THE SENIOR GEOLOGIST DISTRICT GROUNDWATER OFFICE, BENGALURU RURAL DISTRICT, ROOM NO.219, 2ND FLOOR DISTRICT ADMINISTRATION BHAVAN, BEERASANDRA VILLAGE, DEVANAHALLI TALUK-560194 5. THE ASSISTANT EXECUTIVE OFFICER (E) BESCOM, HOSAKOTE SUB DIVISION, HOSAKOTE-560087 6. VILLAGE ACCOUNTANT MUTHSANDRA CIRCLE, ANUGONDANAHALLI HOBLI, HOSAKOTE TALUK BANGALORE RURAL DISTRICT-560087 7. THE STATION HOUSE OFFICER ANUGONDANAHALLI POLICE STATION, HOSAKOTE TALUK BANGALORE RURAL DISTRICT-560087 ...RESPONDENTS (BY SRI. V.G.BHANUPRAKASH, AAG FOR SRI. RAHUL CARIAPPA., AGA FOR R-1 TO R-4, R-6 & R-7; SRI. H.B.DEVARAJU., ADVOCATE FOR R-5) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDERS DATED 9.3.2020 AND ORDER DATED 20.03.2020 ISSUED BY THE R-3 VIDE ANNX-H AND K RESPECTIVELY, ETC. IN WP NO. 8861/2020 BETWEEN: - 8 - NC: 2025:KHC:8850 WP No. 8953 of 2020 C/W WP No. 6290 of 2020 WP No. 7878 of 2020 AND 3 OTHERS 1. C. MUNIYAPPA S/O LATE SHIRAPPA AGED ABOUT 65 YEARS RESIDING AT MUTSANDRA VILLAGE ANUGONDANAHALLI HOBLI HOSAKOTE TALUK, BENGALURU RURAL DIST. 2. VENKATASWAMY K N S/O NARASIMHAIAH AGED ABOUT 55 YEARS RESIDING AT KOTOORU VILLAGE ANUGONDANAHALLI HOBLI HOSAKOTE TALUK BENGALURU RURAL DIST 3. NARAYANASWAMY S/O NARASIMHAIAH AGED ABOUT 50 YEARS RESIDING AT KOTOORU VILLAGE ANUGONDANAHALLI HOBLI HOSAKOTE TALUK, BENGALURU RURAL DIST ...PETITIONERS (BY SRI. BIPIN HEGDE, ADVOCATE FOR SRI. KARTHIK.V., ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF WATER RESOURCES VIKASA SOUDHA, BENGALURU 560001. 2. THE DEPUTY COMMISSIONER BENGALURU RURAL DISTRICT BENGALURU 3. THE TAHSILDAR HOSAKOTE TALUK, HOSAKOTE BENGALURU RURAL DISTRICT 4. THE SENIOR GEOLOGIST - 9 - NC: 2025:KHC:8850 WP No. 8953 of 2020 C/W WP No. 6290 of 2020 WP No. 7878 of 2020 AND 3 OTHERS DISTRICT GROUNDWATER OFFICE BEERASANDRA VILLAGE DEVANAHALLI TALUK BENGALURU RURAL DISTRICT. 5. THE ASSISTANT EXECUTIVE ENGINEER (E) BESCOM HOSAKOTE SUB DIVISION HOSAKOTE 6. VILLAGE ACCOUNTANT MUTHSANDRA CIRCLE ANUGONDANAHALLI HOBLI HOSAKOTE TALUK BANGALORE RURAL DISTRICT. 7. THE STATION HOUSE OFFICER ANUGONDANAHALLI POLICE STATION HOSAKOTE TALUK BANGALORE RURAL DISTRICT. ...RESPONDENTS (BY SRI. V.G.BHANUPRAKASH, AAG FOR SRI. RAHUL CARIAPPA., AGA FOR R-1 TO R-4, R-6 & R-7; SRI. H.V.DEVARAJU, ADVOCATE FOR R-5) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT OR ORDER QUASHING THE ORERS DATED 09/03/2020 IN NO.CAL.CR.88/2019-20 AND ORDER DATED 20/03/2020 IN NO.CALCR88/19-20 ISSUED BY THE THIRD RESPONDENT A TRUE COPIES OF WHICH IS PRODUCED AT ANNEXURES-D AND F RESPECTIVELY, ETC. IN WP NO. 8910/2020 BETWEEN: 1. P RAMAKRISHNA S/O PILLANNA, AGED ABOUT 62 YEARS, RESIDING AT MUTHSANDRA VILLAGE, ANUGONDANAHALLI HOBLI, - 10 - NC: 2025:KHC:8850 WP No. 8953 of 2020 C/W WP No. 6290 of 2020 WP No. 7878 of 2020 AND 3 OTHERS HOSAKOTE TALUK, BENGALURU RURAL DIST-560114. 2. SRINIVAS BABU S/O SRINIVAS RAO, AGED ABOUT 43 YEARS, RESIDING AT MUTHSANDRA VILLAGE, ANUGONDANAHALLI HOBLI, HOSAKOTE TALUK, BENGALURU RURAL DIST 560114. 3. P.RAMESH, S/O PILLA REDDY, AGED ABOUT 45 YEARS, RESIDING AT MUTHSANDRA VILLAGE, ANUGONDANAHALLI HOBLI, HOSAKOTE TALUK, BENGALURU RURAL DIST 560114. ...PETITIONERS (BY SRI. BIPIN HEGDE., ADVOCATE FOR SRI. KARTHIK.V., ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS PRINICIPAL SECRETARY, DEPARTMENT OF WATER RESOURCES, VIKASASOUDHA, BENGALURU-560001. 2. THE DEPUTY COMMISSIONER BENGALURU RURAL DISTRICT, BENGALURU. 3. THE TAHSILDAR HOSAKOTE TALUK, HOSAKOTE, BENGALURU RURAL DISTRICT 560114. 4. THE SENIOR GEOLOGIST DISTRICT GROUNDWATER OFFICE, BENGALURU RURAL DISTRICT, ROOM NO.219, 2ND FLOOR, DISTRICT ADMINISTRATION BHAVAN, BEERASANDRA VILLAGE, - 11 - NC: 2025:KHC:8850 WP No. 8953 of 2020 C/W WP No. 6290 of 2020 WP No. 7878 of 2020 AND 3 OTHERS DEVANAHALLI TALUK. 5. THE ASSISTANT EXECUTIVE ENGINEER (E) BESCOM, HOSAKOTE SUBDIVISION, HOSAKOTE-560114. 6. VILLAGE ACCOUNTAT MUTHSANDRA CIRCLE, ANUGONDANAHALLI HOBLI, HOSAKOTE TALUK, BANGALORE RURAL DISTRICT-560114. 7. THE STATION HOUSE OFFICER ANUGONDANAHALLI POLICE STATION, HOSAKOTE TALUK, BANGALORE RURAL DISTRICT-560114. ...RESPONDENTS (BY SRI. V.G.BHANUPRAKASH, AAG FOR SRI. RAHUL CARIAPPA., AGA FOR R-1 TO R-4, R-6 & R-7; SRI. H.V. DEVARAJU., ADVOCATE FOR R-5) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT OR ORDER QUASHING THE ORDERS DATED 09/03/2020 IN NO.CAL.CR.88/2019-20 AND ORDER DATED 20/03/2020 IN NO.CAL CR 88/19-20 ISSUED BY THE THIRD RESPONDENT A TRUE COPIES OF WHICH IS PRODUCED AT ANNEXURES-D AND F AND DATED 29/04/2020 ORDERS OF THE VILLAGE ACCOUNTANT AT ANNEXURE-G RESPECTIVELY, ETC. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA - 12 - NC: 2025:KHC:8850 WP No. 8953 of 2020 C/W WP No. 6290 of 2020 WP No. 7878 of 2020 AND 3 OTHERS ORAL ORDER 1. The petitioners are aggrieved by the communication issued by the Tahsildar to the Police Officers calling upon them to initiate criminal proceedings against the petitioners for supplying water through tankers. They are also challenging the communication issued by the Senior Geologist to the Electricity Authorities to disconnect the electricity supply. 2. It is not in dispute that the State has enacted the Karnataka Ground Water (Regulation and Control of Development and Management) Act, 2011 (for brevity, referred to as “the Act”). 3. As stated in the affidavit of the Senior Geologist dated 21.02.2025, under said Act, the Karnataka Groundwater Authority has been established on 16.03.2012 and the provisions of the Act required the grant of a permit to extract and use the groundwater in the notified areas. - 13 - NC: 2025:KHC:8850 WP No. 8953 of 2020 C/W WP No. 6290 of 2020 WP No. 7878 of 2020 AND 3 OTHERS 4. Learned counsel for the petitioners submits that the petitioners would be willing to apply for grant of permit as per the provisions of the Act, but the direction to initiate criminal proceedings against the petitioners cannot be sustained, since the order has been passed by the Tahsildar, who had no jurisdiction under the Act. 5. In my view, in light of submissions made by the learned counsel for the petitioners, it would be appropriate to direct the petitioners to approach the Groundwater Authority and seek for grant of permit as provided under the Act. 6. In light of the above, the direction issued by the Tahsildar to initiate criminal proceedings against the petitioners cannot be sustained. As the petitioners had the benefit of interim order to the effect that they are entitled to supply water to hospitals and schools, they shall have the benefit of this interim till the consideration of their application for grant of - 14 - NC: 2025:KHC:8850 WP No. 8953 of 2020 C/W WP No. 6290 of 2020 WP No. 7878 of 2020 AND 3 OTHERS permit. Accordingly, the impugned orders are quashed. All the contentions of both the parties are left open. 7. The Writ Petitions are accordingly disposed of. SD/- (N S SANJAY GOWDA) JUDGE PKS List No.: 1 Sl No.: 27