- 1 - HC-KAR NC: 2025:KHC:45522 WP No. 5293 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 5293 OF 2016 (GM-BWSSB) BETWEEN: 1. SRI B N NARASIMHA MURTHY S/O LATE P NARAYANAPPA, AGED ABOUT 68 YEARS, 2. SMT S SUDHA D/O B N NARASIMHA MURTHY , AGED ABOUT 61 YEARS, 3. SRI N NAGARJUN S/O B N NARASIMHA MURTHY AGED ABOUT 36 YEARS, 4. SMT NANDINI D/O B N NARASIMHA MURTHY , AGED ABOUT 34 YEARS, ALL ARE RESIDING AT NO.117, KAVALBYRASANDRA, R T NAGAR, BANGALORE-32 PETITIONERS NOS 1 T0 4 ARE REPRESENTED BY POWER OF ATTORNEY HOLDER, M/S BRIGADE ENTERPRISES LTD., 29TH & 30TH FLOOR, WORLD TRADE CENTER, BRIGADE GATEWAY CAMPUS, NO.26/1, DR RAJKUMAR ROAD, MALLESHWARAM-RAJAJINAGAR, BANGALORE- 560 055 REPRESENTED BY AUTHORIZED SIGNATORY MR OM PRAKASH P …PETITIONERS (BY SRI. SOMYAJIT MOHANTY FOR SRI. NIKHILESH RAO M.,ADVOCATE) Digitally signed by ARUNKUMAR M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:45522 WP No. 5293 of 2016 AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS ADDITIONAL CHIEF SECRETARY, URBAN DEVELOPMENT DEPARTMENT VIDHANA SOUDHA, BANGALORE- 560 001 2. THE COMMISSIONER BANGALORE WATER SUPPLY AND SEWERAGE BOARD 2ND FLOOR, CAUVERY BHAVAN, KEMPEGOWDA ROAD, BANGALORE- 560 009 3. THE CHIEF ENGINEER BANGALORE WATER SUPPLY AND SEWERAGE BOARD 2ND FLOOR, CAUVERY BHAVAN KEMPEGOWDA ROAD, BANGALORE- 560 009 …RESPONDENTS (BY SRI. MAHANTESH SHETTAR, AGA FOR R1;) SRI. GURUDEV I GACHINANATH, ADVOCATE FOR R2 AND R3) --------- THIS WP FILED UNDER THE ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE DEMAND LETTER DATED 10.12.2015 AT ANNEX-A DIRECTING THE PETITIONER TO PAY A SUM OF RS.65,90,814/- (RUPEES SIXTY FIVE LAKHS NINETY THOUSAND EIGHT HUNDRED AND FOURTEEN ONLY) TOWARDS BENEFICIARY CAPITAL CONTRIBUTION CHARGES FOR ISSUANCE OF NO OBJECTION CERTIFICATE; THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH - 3 - HC-KAR NC: 2025:KHC:45522 WP No. 5293 of 2016 ORAL ORDER Heard learned counsel for the parties. 2. In this writ petition the petitioner is challenging the Demand Letter dated 10.12.2015 (Annexure-A) inter alia seeking a writ of mandamus directing the respondents to issue NOC for the proposed Commercial Building as mentioned in the prayer. 3. It is to be noted that, this Court under similar circumstances, in W.P.No.20016/2021 and connected petitions disposed of on 05.04.2024, in the operative portion has held as follows : "(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 the same, for which purpose the petitioners shall submit a representation. The - 4 - HC-KAR NC: 2025:KHC:45522 WP No. 5293 of 2016 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." 4. Having taken note of the submission made by the learned counsel for the parties and the observation made by this Court in the aforesaid writ petition, I am of the view that, the issues involved in this writ petition have been answered by this Court in the aforesaid writ petitions. 5. Accordingly, the instant writ petition stands disposed of in terms of the Order passed by this Court in W.P.No.20016/2021 and connected petitions dated 05.04.2024. SD/- (E.S.INDIRESH) JUDGE rs List No.: 1 Sl No.: 24