Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 22494 (KAR)

SHRI B CHAKRAPANI v. BENGALURU WATER SUPPLY AND SEWERAGE BOARD

WP/11522/2024 · 2025-04-21

M Nagaprasanna

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:16335 WP No. 11522 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. 11522 OF 2024 (GM-BWSSB) BETWEEN: SHRI B CHAKRAPANI AGED ABOUT 77 YEARS S/O V VENAKTESHWARALU. NO.6/A, 1ST BLOCK, SRI KRISHNA TEMPLE ROAD, DODDABOMMASANDRA, VIDYARANYAPURA POST, BENGALURU - 560097, PETITONER IS NOT CLAIMING ANY BENEFITS OF SENIOR CITIZENSHIP …PETITIONER (BY SRI NAGENDRA NAIK R, ADVOCATE) AND: 1. BENGALURU WATER SUPPLY AND SEWERAGE BOARD, OFFICE OF THE ASSISTANT EXECUTIVE ENGNIEER N22, NORTH SUB DIVISION BEL LAYOUT, 5TH BLOCK VIDYARANAYAPURA, BENGALURU - 560097, REPRESENTED BY ITS ASSITANT EXECUTIVE ENGINEER. 2. BANGALORE WATER SUPPLY AND SEWERAGE BOARD, 2ND FLOOR, CAUVERY BHAVAN, KEMEPGOWDA ROAD, BENGALURU - 560 009, REPRESENTED BY ITS CHIARMAN. …RESPONDENTS (BY SRI B L SANJEEV, ADVOCATE) Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC:16335 WP No. 11522 of 2024 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO QUASH THE DEMAND NOTE DTD. 24.01.2024 BEARING NO.OWC/AEE(N22)/2022.23 AS PER ANNX-A AND NOTICE DTD. 27.11.2023 BEARING NO.SUM.BEM.JA.MUM/SAKANIA(V)- 2-2/KA.VAY/SI.GU-1/1125/23.24. AS PER ANNX-D ISSUED BY THE R-1. THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER Heard Sri Nagendra Naik R., learned counsel for petitioner, Sri. B.L. Sanjeev, learned counsel for respondents. 2. The charges levied against the petitioner, 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 - 3 - NC: 2025:KHC:16335 WP No. 11522 of 2024 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 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.” - 4 - NC: 2025:KHC:16335 WP No. 11522 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. Sd/- (M.NAGAPRASANNA) JUDGE CHS List No.: 1 Sl No.: 479