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2026 DAILYLAW 28992 (KAR)

TALAGHATTAPURA NYAYANGA BADAVANE NIVASIGALA SANGHA v. THE STATE OF KARNATAKA

WP/9608/2025 · 2026-07-16

Suraj Govindaraj

Public Interest Litigationbody2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010218222025 NC: 2026:KHC:36661 WP No. 9608 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 9608 OF 2025 (GM-BWSSB) BETWEEN: TALAGHATTAPURA NYAYANGA BADAVANE NIVASIGALA SANGHA, A SOCIETY REGISTERED UNDER THE PROVISIONS OF THE KARNATAKA SOCIETIES REGISTRATION ACT, 1960, HAVING OFFICE AT NO. 411, 8TH MAIN ROAD, JUDICIAL LAYOUT, 2ND PHASE, TALAGHATTAPURA, BENGALURU - 560 109. REPRESENTED BY ITS SECRETARY, MR. M.R. SHASHI KUMAR, S/O LATE M. REVANNA, AGED 54 YEARS, RESIDING AT NO. 158, 3RD MAIN, JUDICIAL LAYOUT 2ND PHASE, TALAGHATTAPURA, BANGALORE - 560 109. …PETITIONER (BY SRI. SHIVASWAMY, ADVOCATE AND SRI. N.C. SRINIVAS, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, URBAN DEVELOPMENT DEPARTMENT, 4TH FLOOR, VIDHANA SOUDHA, 'LJLWDOO\VLJQHG E\6+:(7+$ 5$*+$9(1'5$ /RFDWLRQ+,*+ &28572) .$51$7$.$ - 2 - HC-KAR CNR: KAHC010218222025 NC: 2026:KHC:36661 WP No. 9608 of 2025 DR. B.R. AMBEDKAR VEEDHI, BENGALURU - 560 001. 2. BENGALURU WATER SUPPLY AND SEWERAGE BOARD (BWSSB), REPRESENTED BY ITS CHAIRMAN, 2ND FLOOR, CAUVERY BHAVAN, K.G. ROAD, BENGALURU - 560 009. 3. THE CHIEF ENGINEER (PROJECT), BENGALURU WATER SUPPLY AND SEWERAGE BOARD, 3RD FLOOR, CAUVERY BHAVAN, KG ROAD, BENGALURU - 560 009. 4. THE EXECUTIVE ENGINEER (PROJECT), PROJECT 3 SUB-DIVISION, BENGALURU WATER SUPPLY AND SEWERAGE BOARD, KAPILA BHAVAN, 11TH MAIN ROAD, JAYANAGAR 'T' BLOCK, BANGALORE - 560 011. …RESPONDENTS (BY SRI. MOHAMMED JAFAR SHAH, AGA FOR R1; SRI. K.B. MONESH KUMAR, ADVOCATE FOR R2 TO R4) THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT THE RESOLUTION DATED 09.07.2024 PASSED BY RESPONDENT NO. 2- BANGALORE WATER SUPPLY AND SEWERAGE BOARD (ANNX-A) IS ULTRA-VIRES THE CONSTITUTION OF INDIA AND ETC., - 3 - HC-KAR CNR: KAHC010218222025 NC: 2026:KHC:36661 WP No. 9608 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. Petitioner is before this Court seeking for the following reliefs: a. Declaring that the Resolution dated 09.07.2024 passed by Respondent No. 2- Bangalore Water Supply and Sewerage Board [Ann. A] is ultra-vires the Constitution of India; b. Quashing and setting aside Direction dated 18.07.2024, bearing No. BWSSB/CE(P)/ACE(P)- 1/TA/754/2024-25 the Chief [Ann. B] issued by Respondent No. 3 herein Engineer, BWSSB, pursuant to the resolution dated 09.07.2024; Vide- Ann-AL; c. Quashing and setting aside Communication dated 06.08.2024 bearing No. BWSSB/KANIAA(Yojane) 3/YOVI/467/2024-25 [Ann. C] addressed by Respondent No. 4 the Executive Engineer, (Planning-3), BWSSB to the President of the Petitioner-Association; d. Declaring that the imposition of ETP fee is bad in law and unconstitutional; e. Grant such other relief or reliefs as this Hon'ble Court may deem fit to grant, including cost of the Petitioner, in the facts and circumstances of the case, in the interest of justice and equity. - 4 - HC-KAR CNR: KAHC010218222025 NC: 2026:KHC:36661 WP No. 9608 of 2025 2. A memo for withdrawal dated 13.07.2026 has been filed signed by the counsel for the petitioner, which reads as under: "The above named petitioner most respectfully submits that in view of the decision taken in the meeting of all members of the petitioner's Association held on 12.07.2026, the petitioner is withdrawing the above writ petition. Hence, this memo. Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly permit the petitioner to withdraw the above writ petition with reserving the liberty to file a fresh writ petition in the event of any necessity. Hence writ petition may kindly be disposed as withdrawn in the interest of justice and equity." 3. Accepting the said memo, the petition is dismissed as withdrawn. Sd/- (SURAJ GOVINDARAJ) JUDGE GJM List No.: 1 Sl No.: 80