- 1 - NC: 2025:KHC:16389 WP No. 18150 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. 18150 OF 2024 (GM-BWSSB) BETWEEN: 1. MR. C S HARIKUMAR, AGED ABOUT 72 YEARS, SON OF LATE SRI C SARANGAPANI, (SENIOR CITIZENSHIP NOT CLAIMED) 2. MRS PADMAVATHI S H, AGED ABOUT 64 YEARS, WIFE OF MR C S HARIKUMAR, (SENIOR CITIZENSHIP NOT CLAIMED) 3. MS AKILANDESHWARI, SARANGAPANI HARIKUMAR, AGED ABOUT 44 YEARS, DAUGHTER OF C S HARIKUMAR, 4. MS GOMATHI SHUBALEKHA, AGED ABOUT 39 YEARS, D/O OF C S HARIKUMAR, 5. MR SHANMUGA SHYAM S H, AGED ABOUT 36 YEARS, S/O OF C S HARIKUMAR, ALL ARE RESIDING AT DEVAKI NIVAS NO.91/4, HARIKUMAR ESTATE, MANJUNATHANAGAR, BAGALAKUNTE BENGALURU - 560073, REPRESENTED BY THEIR GPA HOLDER M/S 5 ELEMENTS HOMES, A PARTNERSHIP FIRM REGISTERED UNDER THE INDIAN PARTNERSHIP ACT 1932, Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC:16389 WP No. 18150 of 2024 'HAVING ITS REGISTERED OFFICE, AT UNIT NO 101 FIRST FLOOR, BRIGADE CORNER NO 73/1-1 S KARIYAPPA ROAD, YEDIYUR CIRCLE, 7TH BLOCK JAYANAGAR BENGALURU - 560082, REPRESENTED BY ITS MANAGING PARTNERS SRI C SUBRAMANI AND SRI KASHINATH B. …PETITIONERS (BY SRI. MANJUNATHA S V.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BY ITS ADDITIONAL CHIEF SECRETARY THE URBAN DEVELOPMENT DEPARTMENT, VIKASA SOUDHA, BENGALURU - 560001. 2. BANGALORE WATER SUPPLY AND SEWERAGE BOARD 2ND FLOOR CAUVERY BHAVAN, KEMPEGOWDA ROAD, BANGALORE - 560001, REP BY ITS CHAIRMAN. 3. THE CHIEF ENGIENER (WEST), BANGALORE WATER SUPPLY AND SEWERAGE BOARD, 6TH FLOOR, CAUVERY BHAVAN, KEMPEGOWDA ROAD, BENGALURU - 560001. …RESPONDENTS (BY SRI MOHAMMED JAFFAR SHAH, AGA FOR R1, SRI K B MONESH KUMAR, ADVOCATE FOR R2 AND R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE DEMAND NOTICE DTD. 01.07.2024 BEARING NO. BWSSB-NOC-2024-6-23-060401353081 ISSUED BY THE R-3 (ANNX-C) ISSUED BY THE CHIEF ENGINEER (WEST BWSSB) FOR DEMANDING THE GREATER BANGALORE WATER SUPPLY AND SEWERAGE PROJECT/BENEFICIARY CAPITAL CONTRIBUTION (GBWASP/BCC) CHARGES IS CONCERNED AS ILLEGAL, ARBITRARY, WITHOUT AUTHORITY OF LAW AND VIOLATIVE OF ARTICLE OF 14 OF THE CONSTITUTION AND ETC. - 3 - NC: 2025:KHC:16389 WP No. 18150 of 2024 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 Manjunatha S.V., 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 and 3. 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 - 4 - NC: 2025:KHC:16389 WP No. 18150 of 2024 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 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.” - 5 - NC: 2025:KHC:16389 WP No. 18150 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. I.A.No.1 of 2024 is disposed, as a consequence. Sd/- (M.NAGAPRASANNA) JUDGE CHS List No.: 1 Sl No.: 490