Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 29609 (KAR)

KUMARI. SONALI GOWDA v. BANGALORE WATER SUPPLY AND SEWAGE BOARD

WP/31978/2019 · 2025-02-04

Jyoti Mulimani

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:5052 WP No. 31978 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 31978 OF 2019 (GM-BWSSB) BETWEEN: 1. KUMARI. SONALI GOWDA AGED ABOUT 25 YEARS, D/O. LATE. G.N.SRINIVAS, 2. VARUN GOWDA AGED ABOUT 24 YEARS, S/O. LATE. G.N.SRINIVAS, BOTH ARE R/AT FLAT NO. 1003, C-BLOCK, 10TH FLOOR, AZMERA GREET ACRES, BANNERGHATTA ROAD, KALENA AGRAHARA, BANGALORE-560 076. …PETITIONERS (BY SRI. B.S.VENKATANARAYANA., ADVOCATE) AND: BANGALORE WATER SUPPLY AND SEWAGE BOARD, ESTABLISHED UNDER THE PROVISIONS OF BANGALORE WATER SUPPLY AND SEWAGE ACT, 1964, CAUVERY BHAVAN, K.G.ROAD, BANGALORE-560 009. REP. BY ITS CHIEF ADMINISTRATIVE OFFICER-CUM-SECRETARY. …RESPONDENT (BY SRI. K.B.MONESH KUMAR., ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. Digitally signed by PREMCHANDRA M R Location: High Court of Karnataka - 2 - NC: 2025:KHC:5052 WP No. 31978 of 2019 THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER Sri.B.S.Venkatanarayana., counsel on behalf of Sri.Madhukar Deshpande., for the petitioners and Sri.K.B.Monesh Kumar., counsel for respondent have appeared person. 2. The captioned Writ Petition is filed seeking following reliefs: I. Issue Writ of Mandamus or any other order or direction directing the respondent to lay the mains in the Petition Schedule Property by strictly observing the provisions of the Bangalore Water Supply and Sewerage Act, 1964. II. Issue Writ of Mandamus or any other order or direction directing the respondent to comply with Section 39(1)(b) of the BWSS Act, 1964 as well as proviso to Section 39(1)(b) of the BWSS Act, 1964. III. Issue Writ Mandamus or any other order or direction directing the respondent to provide complete plan - 3 - NC: 2025:KHC:5052 WP No. 31978 of 2019 regarding laying of the mains in petition schedule property as well layout of the mains proposed to be laid in the Petitioner Schedule Property to the Petitioner. 3. Counsel for the respective parties urged several contentions. Heard the arguments and perused the Writ papers with care. 4. The petitioners being the plaintiffs have initiated the suit against the BWSSB in O.S.No.539/2018 on the file of III Addl. Civil Judge, Bengaluru Rural District, Bengaluru and an interim application was filed. The Trial Court had directed the defendant - BWSSB to strictly adhere to the provisions of BWSS Act 1964 more particularly Section 52. When such being a case, the relief sought by the petitioners in the present Writ Petition cannot be accorded. If at all the petitioners have any grievance against the BWSSB, they can as well agitate their grievance in the pending suit, if so advised. The Writ Petition is disposed of. Sd/- (JYOTI MULIMANI) JUDGE MRP List No.: 2 Sl No.: 9