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2025 DAILYLAW 76219 (KAR)

MR SAIKUMAR BALAKRISHNAN v. ASSISTANT EXECUTIVE ENGINEER

WP/24100/2025 · 2025-09-10

B M Shyam Prasad

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:35842 WP No. 24100 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 24100 OF 2025 (GM-BWSSB) BETWEEN: MR SAIKUMAR BALAKRISHNAN AGED 66 YEARS S/O LATE BALAKRISHNAN INDIAN NAVY RETD. F2, SIERRA VILLA APARTMENTS, NO 19, CLINE ROAD, COOKE TOWN, BANGALORE-560005. …PETITIONER (BY SRI. U. CHANDRAMOULI, ADVOCATE) AND: 1. ASSISTANT EXECUTIVE ENGINEER BANGALORE WATER SUPPLY AND SEWERAGE BOARD, C-1-2 SUB-DIVISION, NETHAJI ROAD, PULAKESHINAGAR, BENGALURU - 560033. 2. THE CHAIRMAN BANGALORE WATER SUPPLY AND SEWERAGE BOARD, (BWSSB) 1ST FLOOR, CAUVERY BHAVAN, KEMPEGOWDA ROAD, BENGALURU - 560009. Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:35842 WP No. 24100 of 2025 3. THE CHIEF COMMISSIONER BRUHAT BENGALURU MAHANAGARA PALIKA, HUDSON CIRCLE, BENGALURU - 560002. 4. MINISTRY OF URBAN DEVELOPMENT DEPARTMENT REP. BY ITS ADDITIONAL CHIEF SECRETARY ROOM NO 436, VIKASA SOUDHA, BANGALORE- 560001. …RESPONDENTS (BY SRI. B.S. SHRINIVAS, ADVOCATE FOR SRI. B.L. SANJEEV, ADVOCATE FOR R1 & R2 SMT. NAVYA SHEKHAR, AGA FOR R4 SRI. PAWAN KUM AR, ADVOCATE FOR R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION, DIRECTING THE 1ST RESPONDENT TO, CONSIDER THE COMPLAINT OF THE PETITIONER AND RESTORE AND CONTINUE UNINTERRUPTED WATER SUPPLY TO SIERRA VILLA APARTMENTS WHICH FALLS UNDER THE DOMAIN AND STATUTORY RESPONSIBILITY OF THE BWSSB AND DIRECT THE 1ST RESPONDENT OFFICE TO PAY SUM OF RS 1,89,738/- (RUPEES ONE LAKI EIGHTY NINE THOUSAND SEVEN HUNDRED AND THIRTY EIGHT ONLY), BEING THE COU TOWARDS ARRANGING ALTERNATE SOURCE OF WATER FOR THE DAILY NEEDS OF THE RESIDENT FROM 11.03.2025 ONWARDS, AS COMPENSATION AND RECTIFY ERRONEOUS BILLS IN ACCORDANCE WITH THE TARIFF PRINTED AT REVERSE OF THE WATER BILL AND ETC. - 3 - HC-KAR NC: 2025:KHC:35842 WP No. 24100 of 2025 THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD ORAL ORDER The petitioner occupies a flat in Cooke Town, Bangalore and he seeks directions to the Bangalore Water Supply and Sewerage Board [BWSSB] and the Bruhat Bengaluru Mahanagara Palike [BBMP] to restore disrupted water supply to the apartment complex, to pay a sum of Rs.1,89,738/- as reimbursement of the cost incurred in making alternative arrangement for water from 11.03.2025 and to take disciplinary proceedings against the officials of the BWSSB who have caused disruption. Mr. U. Chandramouli, the learned counsel for the petitioner, submits that the petitioner's cause is because the BWSSB officials, while attending to certain complaints, have disrupted the water supply. Mr. B. S. Shrinivas, the learned counsel who is on - 4 - HC-KAR NC: 2025:KHC:35842 WP No. 24100 of 2025 record for BWSSB, denying the allegations submits on instructions that the petitioner and the other occupants of the complex will have to ensure that a broken pipe is attended to at their costs and to do that they must apply with the BBMP for road cutting. When queried, Mr. B. S. Shrinivas submits that both the BWSSB and the BBMP can consider the representations if filed and that the permission from the BBMP would not require the petitioner to incur any cost but for road cutting permission from the BBMP, the petitioner will have to pay the prescribed costs. This stand must resolve the petitioner’s grievance on disruption of the water supply to the property. As such, this Court is of the view that the petition must be disposed of with just orders without any further precipitation, and further, this Court must provide for certain timelines so that the - 5 - HC-KAR NC: 2025:KHC:35842 WP No. 24100 of 2025 petitioner and the other occupants have early restoration of water supply. Hence, the following: ORDER a. The petition is allowed in part directing both the first respondent [the Assistant Executive Engineer, BWSSB, C-1-2 Sub-Division, Nethaji Road, Pulakeshinagar, Bengaluru–AEE, BWSSB] and the Assistant Executive Engineer, BBMP [with jurisdiction over Pulakeshinagar - AEE, BBMP] to consider the petitioner's application for [a] permission to undertake repair work for restoration of water, and [b] road cutting. b. The petitioner is reserved with liberty to file applications along with a certified copy of this order within a week from the date of receipt of a certified copy of this order. - 6 - HC-KAR NC: 2025:KHC:35842 WP No. 24100 of 2025 c. The AEE, BWSSB shall issue permission to undertake repair work within a week from the date of receipt of the representation. d. If the petitioner applies along with the copy of the permission within one week from the date of permission from the AEE, BWSSB, the AEE, BBMP shall grant permission to cut road on terms as permissible in law within a week from the date of receipt of such copy of such permission. SD/- (B M SHYAM PRASAD) JUDGE RB