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2025 DAILYLAW 86276 (KAR)

SMT.VENKATALAKSHMAMMA v. BANGALORE WATER SUPPLY AND SEWERAGE BOARD

WP/21478/2025 · 2025-08-20

M Nagaprasanna

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:32561 WP No. 21478 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 21478 OF 2025 (GM-BWSSB) BETWEEN: SMT.VENKATALAKSHMAMMA, W/O N. NARAYANASWAMY, AGED ABOUT 65 YEARS, FLAT NO.7 AND 8, GROUND FLOOR, SLV DURGA APARTMENT, 8TH CROSS, NANJAPPA LAYOUT, VIDYARANYAPURAM, BENGALURU-560097. R/BY HER REGISTERED GPA HOLDER, SRI. N. NARAYANASWAMI. …PETITIONER (BY SRI. HALASHETTI J.S., ADVOCATE) AND: 1. BANGALORE WATER SUPPLY AND SEWERAGE BOARD, R/BY ITS CHIEF ENGINEER, II FLOOR, CAUVERY BHAVAN, K.G. ROAD, BENGALURU-560009. 2. ASSISTANT EXECUTIVE ENGINEER, NORTH SUB DIVISION-3, SHAKARA NAGAR, BANGALORE WATER SUPPLY AND SEWERAGE BOARD, BENGALURU- 560092. 3. ASSISTANT EXECUTIVE ENGINEER, Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:32561 WP No. 21478 of 2025 NORTH -2-2 SUB DIVISION, BWSSB, 5TH BLOCK, BEL LAYOUT, VIDYARANYAPURA, BENGALURU- 560097. …RESPONDENTS (BY SRI. B.L. SANJEEV, ADVOCATE) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE ORDER/DIRECTION IN THE NATURE OF CERTIORARI BY QUASHING THE LETTER DATED 04.06.2014 ISSUED BY THE 2ND RESPONDENT, IN SO FAR AS DEMAND TOWARDS GREATER BANGALORE WATER AND SANITATION PROJECT CHARGES (GBWASP) OF RS.2,35,255/- IS CONCERNED, IS PRODUCED AND MARKED AS ANNEXURE-G AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER Heard Sri.J.S. Halashetti, learned counsel appearing for the petitioner, Sri B.L.Sanjeev, learned counsel appearing for the 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 - 3 - HC-KAR NC: 2025:KHC:32561 WP No. 21478 of 2025 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: 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 are entitled to refund of - 4 - HC-KAR NC: 2025:KHC:32561 WP No. 21478 of 2025 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 have 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. Sd/- (M.NAGAPRASANNA) JUDGE CBC List No.: 2 Sl No.: 18