- 1 - NC: 2025:KHC:16394 WP No. 15696 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. 15696 OF 2024 (GM-BWSSB) BETWEEN: 1. M/S NIRMAANIKA PROJECTS, (ERSTWHILE NIRMAANIKA PROJECTS PVT LTD ) A PARTNERSHIP FIRM HAVING ITS REGISTERED REGISTERED UNDER COMPANIES ACT 1956 REP BY ITS MANAGING PARTNER AND GPA HOLDER SRI B. VINOD KUMAR, S/O B KONDA REDDY, AGED ABOUT 43 YEARS, OFFICE R/AT NO. 167, DR AMBEDKAR NAGARA, VIJAYANAGAR, WHITEFIELD, BANGALORE - 56006, PAN NO. AAVFN9636L. 2. SRI. B A MUNIRAJU, S/O ANNAYAPPA, AGED ABOUT 61 YEARS, NO.275, BELATHUR, KADUGODI POST, NEAR VENUGOPAL TEMPLE, BANGALORE - 560 067, (SENIOR CITIZENSHIP BENEFIT NOT CLAIMED ). 3. SRI B A MANOJKUMAR, S/O B A VENKATESH MURTHY, AGED ABOUT 29 YEARS, R/AT NO. 275, BELOATHRU KADUGODI POST, NEAR VENUGOPAL TEMPLE, BANGALORE - 560 067. …PETITIONERS (BY SRI. YASHAVANTHSWAMY A M.,ADVOCATE) Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC:16394 WP No. 15696 of 2024 AND: 1. STATE OF KARNATAKA, URBAN DEVELOPMENT DEPARTMENT, VIDHANA SOUDHA, BANGALORE - 560 001, REP BYITS UNDER SECRETARY. 2. BANGALORE WATER SUPPLY AND SEWERAGE BOARD, 2ND FLOOR, CAUVERY BHAVAN, K G ROAD, BANGALORE - 560 009, REP BY ITS ENGINEER IN CHIEF. 3. THE CHIEF ENGINEER (EAST) BANGALORE WATER SUPPLY AND SEWERAGE BOARD, 6TH FLOOR, CAUVERY BHAVAN K G ROAD, ,BANGALORE - 560 009. 4. THE CHIEF ADMINISTRATIVE OFFICER CUM SECRETARY BANGALORE WATER SUPPLY AND SEWERAGE BOARD CAUVERY BUILDING, DISTRICT OFFICE ROAD, BANGALORE - 560 001. …RESPONDENTS (BY SRI MOHAMMED JAFFAR SHAH, AGA FOR R1, SRI K B MONESH KUMAR, ADVOCATE FOR R2 TO R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO I. GRANT AN ORDER, DIRECTION OR WRIT IN THE NATURE OF CERTIORARI QUASHING THE G.O NO.UDD 145 MNI 2004 DATED 28/2/2005 ISSUED BY RESPONDENT NO.1 CONTAINED IN ANNEXURE-B AND ETC. THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA - 3 - NC: 2025:KHC:16394 WP No. 15696 of 2024 ORAL ORDER Heard Sri Yashavanthswamy A M, learned counsel for petitioners, Sri. Mohammed Jaffar Shah, learned Additional Government Advocate for respondent No.1 and Sri K.B. Monesh Kumar, learned counsel for respondent Nos.2 to 4. 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 Charges and Greater Bangalore Water Sewerage Project charges, by the following order: “35. For the aforesaid reasons, the following: - 4 - NC: 2025:KHC:16394 WP No. 15696 of 2024 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.” 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. - 5 - NC: 2025:KHC:16394 WP No. 15696 of 2024 I.A.No.1 of 2024 is disposed, as a consequence. Sd/- (M.NAGAPRASANNA) JUDGE CHS List No.: 1 Sl No.: 484