B R SWARNABHA ALIAS SWARNA VASANT RAO v. BENGALURU WATER SUPPLY AND SEWERAGE BOARD
WP/5251/2023 · 2026-06-01
M G S Kamal
body2026
DailyLaw.ai
[ 2026 DAILYLAW 18707 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 18707 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:25503 WP No. 5251 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL WRIT PETITION NO. 5251 OF 2023 (GM-BWSSB) BETWEEN:
B R SWARNABHA ALIAS SWARNA VASANT RAO W/O VASANT RAO, AGED ABOUT 74 YEARS, 117, 2ND MAIN ROAD, SHESHADRIPURAM, BENGALURU - 560 020. …PETITIONER (BY SRI. A V AMARNATHAN.,ADVOCATE)
AND:
1.
BENGALURU WATER SUPPLY AND SEWERAGE BOARD (BWSSB) 2ND FLOOR, CAUVERY BHAVAN KEMPEGOWDA ROAD BENGALURU - 560 009 (REP BY CHAIRMAN).
2.
ASSISTANT EXECUTIVE ENGINEER BWSSB NORTH EAST 2 SUB DIVISION, CENTRAL STREET, KUMARA PARK WEST, BENGALURU - 560 020. …RESPONDENTS
(BY SRI. SANJEEV B L.,ADVOCATE FOR R1 AND R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
Digitally signed by SUMA B N Location:
HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:25503 WP No. 5251 of 2023
QUASHING THE IMPUGNED NOTICE DATED 28.02.2022 BEARING NO. BE. JA. MA/SA.AA.LI.AA (R) -2/SA.A- KUMARAPARK/157/2021-22 AS PER ANNX-A ISSUED BY R2.
THIS PETITION, COMING ON FOR FRESH MATTERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL
ORAL ORDER
Petitioner is before this Court being aggrieved by the notice dated 28.02.2022 issued by respondent No.2 as per Annexure-A, by which the petitioner has been called upon to pay a sum of ₹4,70,699/- being arrears towards the RR No.N- 20/343 G2-318.
2.
Learned counsel for the petitioner submits that the matter had been earlier referred to the Adalat conducted by the respondent-BWSSB in which the petitioner has paid a sum of ₹2,50,000/-. He submits as regard the request for waiver of interest, the matter was referred to the Higher Appeal Committee. That without even providing an opportunity the Higher Appeal Committee without any basis has held the petitioner has been supplying water for commercial purposes.
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HC-KAR NC: 2026:KHC:25503 WP No. 5251 of 2023
3. At this juncture,
learned counsel for the respondent-BWSSB submits that since the issue is only with regard to request of the petitioner for waiver of the interest and he having paid ₹2,50,000 (the actual amount), the authorities will reconsider his case as to whether he is supplying the water for commercial purpose or not.
4. Submission is placed on record.
5. In view of the above, petition is allowed. Notice dated 28.02.2022 issued by the respondent No.2 is quashed. Matter is remitted to respondent No.2 to reconsider the case of the petitioner with regard to his request for waiver of the interest. Petitioner is liberty to furnish such information/documents as may be requisitioned by the respondent No.2 in this regard. Respondent No.2 shall pass orders after hearing the petitioner, within an outer limit of 60 days from the date of receipt of certified copy of this order.
Sd/- (M.G.S. KAMAL) JUDGE
RU, List No.: 1 Sl No.: 14