Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:35663 WP No. 19875 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.19875 OF 2026 (GM-BWSSB)
BETWEEN:
SMT. JAYAMMA, W/O LATE RAMAIAH, AGED ABOUT 85 YEARS, R/AT NO.81/82/9, 4TH CROSS, KULUME BEEDI, DODDAKALLASANDRA, BENGALURU - 560 062. …PETITIONER
(BY SRI. RAVI SHANKAR K., ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA, DEPARTMENT OF URBAN DEVELOPMENT, REP. BY ITS SECRETARY, 4TH FLOOR, VIKASA SOUDHA, BANGALORE - 560 001.
2.
THE BANGALORE WATER SUPPLY AND SEWERAGE BOARD, REP. BY ITS COMMISSIONER, CAUVERY BHAVAN, K.G. ROAD, BENGALURU - 560 009.
3.
THE ASSISTANT EXECUTIVE ENGINEER/COMPETENT AUTHORITY,
Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:35663 WP No. 19875 of 2026
BWSSB, ANJANAPURA SUB-DIVISION, BENGALURU - 560 062. …RESPONDENTS
(BY SRI.MOHAMMED JAFAR SHAH, AGA FOR R1;
SRI.MONESH KUMAR K.B., ADVOCATE FOR R2 AND R3)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION QUASHING THE DEMAND NOTICE BEARING NO.382474813 DATED 28/01/2026 ISSUED BY RESPONDENT NO.3, PRODUCED AS ANNEXURE-B, INSOFAR AS IT LEVIES BENEFICIARY CAPITAL CONTRIBUTION (BCC) CHARGES AND ASSESSES SANITARY POINT CHARGES FOR 35 NUMBERS, AS BEING ILLEGAL, ARBITRARY, WITHOUT AUTHORITY OF LAW AND UNSUSTAINABLE IN LAW AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
ORAL ORDER
1. Learned AGA is directed to accept notice for respondent No.1.
2. Sri Monesh Kumar K.B., learned counsel is directed to accept notice for respondent Nos.2 and 3.
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HC-KAR NC: 2026:KHC:35663 WP No. 19875 of 2026
3. The petitioner is before this Court seeking for the following reliefs:
“WHEREFORE, the petitioner most respectfully prays that this Hon’ble Court be pleased to: a) Issue a writ of certiorari or any other appropriate writ, order or direction quashing the Demand Notice bearing No.382474813 dated 28/01/2026 issued by respondent no.3, produced as annexure-b, insofar as it levies Beneficiary Capital Contribution (BCC) charges and assesses sanitary point charges for 35 numbers, as being illegal, arbitrary, without authority of law and unsustainable in law; b) Issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents to reconsider the petitioners application and representation dated 19.02.2026 at Anenxure-C and consequently issue a fresh and revised demand notice by excluding the illegal BCC charges and by reassessing the sanitary point charges strictly in accordance with the actual number of sanitary points existing in the petitioners property; c) Grant such other order or relief/s as this Hon’ble Court deems fit in the facts and circumstances of the case, including costs, in the interest of justice and equity.”
4. Heard Sri. Ravi Shankar K., learned counsel for the petitioner, Sri.Mohammed Jafar Shah, learned AGA for respondent No.1 and Sri. K.B.Mounesh Kumar,
learned counsel for respondents No.2 & 3.
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HC-KAR NC: 2026:KHC:35663 WP No. 19875 of 2026
5. The charges levied against the petitioner, in the case at hand, are either few or all of these charges viz., Charges, Greater Beneficiary Capital Contribution Bangalore Water Sewerage Project charges, Advance Probable Pro Rata 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.
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HC-KAR NC: 2026:KHC:35663 WP No. 19875 of 2026
(iii) The demand of Beneficiary Capital and Greater Contribution Charges 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 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 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."
6. 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.
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HC-KAR NC: 2026:KHC:35663 WP No. 19875 of 2026
Ordered accordingly. As a consequence, pending 1.A.s, if any, stand
disposed.
Sd/- (SURAJ GOVINDARAJ) JUDGE
PB List No.: 1 Sl No.: 11