- 1 - HC-KAR CNR: KAHC010279782025 NC: 2026:KHC:53276 WP No. 14414 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE T.P.VIVEKANANDA WRIT PETITION NO. 14414 OF 2025 (GM-RES) BETWEEN: MUNIRAJU AGED ABOUT 70 YEARS S/O LATE VENKATARAMANAPPA R/AT MUTHSANDRA ANUGONDANA HOBLI HOSAKOTE TALUK BANGALORE RURAL-560 087 …PETITIONER (BY SRI: GURUPRASAD C REDDY, ADVOCATE FOR SRI: CHANDRASHEKARA REDDY M V, ADVOCATE) AND: 1. STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY DEPARTMENT OF WATER SOURCES M. S. BUILDING BENGALURU-560 001 2. THE DEPUTY COMMISSIONER BANGALORE RURAL DISTRICT BANGALORE-562 110 3. TAHSILDAR HOSAKOTE TALUK HOSAKOTE Digitally signed by PAVITHRA B Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010279782025 NC: 2026:KHC:53276 WP No. 14414 of 2025 BANGALORE RURAL DISTRICT-562 114 4. THE SENIOR GEOLOGIST DISTRICT GROUND WATER OFFICE ROOM NO.219 2ND FLOOR DISTRICT ADMINISTARATION BHAVAN BEERASANDRA VILLAGE DEVANAHALLI TALUK-562 110 5. THE ASSISSTANT EXECUTIVE ENGINEER BESCOM HOSAKOTE DIVISION HOSAKOTE BANGALORE RURAL DISTRICT-562 114 6. VILLAGE ACCOUNTANT MUTHASANDRA CIRCLE ANUGONDANAHALLI HOBLI HOSAKOTE TALUK BANGALORE RURAL DISTRICT-562 114 7. STATION HOUSE OFFICER ANUGONDANAHALLI POLICE STATION HOSAKOTE TALUK BANGALORE RURAL DISTRICT-562 114 …RESPONDENTS (BY SRI: DEVARAJ.C.H, GA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 09.03.2020 IN NO:CAL.CR.88/2019-20 AND ORDER DATED 20.03.2020 IN NO - 3 - HC-KAR CNR: KAHC010279782025 NC: 2026:KHC:53276 WP No. 14414 of 2025 CAL:CR:88/2019-20 VIZ. ANNEXURE-D AND F ISSUED BY THE RESPONDENT NO-3 BY DECLARING THE SAME AS ILLEGAL, UNJUST, ERRONEOUS AND OPPOSE TO LAW., AND ETC. THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE T.P.VIVEKANANDA ORAL ORDER Petitioner is before this Court seeking quashing of the communications dated 09.03.2020 and 20.03.2020 issued by respondent No.3 at Annexures-D and F, the communication dated 29.04.2020 issued by respondent No. 6 at Annexure-G, so also, the communication dated 13.03.2020 issued by respondent No.4 at Annexure-E. 2. The case of the petitioner is that he is the resident of Muthasandra Village and is an agriculturalist. He has been supplying the water drawn from the borewell dug in his land to the schools and hospitals in and around Bangalore free of cost from several years. It is his case that he has obtained electricity for commercial purposes. However, he is not using the water for commercial purposes. When that being the - 4 - HC-KAR CNR: KAHC010279782025 NC: 2026:KHC:53276 WP No. 14414 of 2025 position, based on the communications and orders referred to supra, respondent No.7 is threatening to initiate criminal prosecution. 3. It is the contention of learned counsel for the petitioner that the communications and orders which are under challenge in the present writ petition were the subject matter in Writ Petition No.8953 of 2020 of connected matters. In the said writ petition, an affidavit has been filed by the Senior geologist on 21.02.2025 to the effect that the Karnataka Groundwater Authority has been established on 16.03.2012 pursuant to the enactment of Karnataka Ground Water (Regulation and Control of Development and Management) Act, 2011 and any person who intends to draw and transport the water is required to approach the said authority and obtain permission. Taking note of the said affidavit, this Court was of the opinion that notwithstanding the fact that the petitioners therein have not obtained necessary permission from the Ground Water Authority, however, the Tahsildar has no power or jurisdiction to initiate criminal proceedings against the petitioners therein. This Court also recorded the submission made by the - 5 - HC-KAR CNR: KAHC010279782025 NC: 2026:KHC:53276 WP No. 14414 of 2025 petitioners therein that they would approach the Groundwater Authority seeking necessary permission. Accordingly, the writ petitions were allowed and all the aforesaid communications and orders challenged therein have been quashed. 4. Placing reliance on the aforesaid order, learned counsel for the petitioner seeks that similar orders may be passed in the present petition also. 5. Learned AGA appearing for the respondents authorities submits that, if the petitioner is prepared to approach the Groundwater Authority and obtain necessary permission for transportation and supply of the water, granting such liberty, the petition may be disposed of in terms of the orders passed in the aforesaid writ petitions. 6. After having heard learned counsel for the petitioner and learned AGA, this Court finds that since the aforesaid communications and orders are already quashed by this Court in the writ petitions referred to supra, there is no necessity of quashing the very same orders once again. However, this Court deems it appropriate to permit the - 6 - HC-KAR CNR: KAHC010279782025 NC: 2026:KHC:53276 WP No. 14414 of 2025 petitioner to approach the Karnataka Groundwater Authority seeking necessary permission for drawing the water from the borewell located in his own land, for transportation and supply only to the schools and colleges, educational institutions and hospitals. 7. Learned counsel for the petitioner submits that he has already filed such an application. 8. Be that as it may, the petitioner is permitted to submit one more application to the Groundwater Authority enclosing the copy of this order, so also, the orders passed in the earlier writ petitions, requesting for grant of permission for drawing the water from the borewell, transportation and supply only for the aforesaid purposes. If such an application is filed, the concerned authority shall consider the same and take appropriate decision within a period of two months from the date of receipt of copy of this order. 9. In the interregnum, till the consideration of application that may be filed by the petitioner, respondent - 7 - HC-KAR CNR: KAHC010279782025 NC: 2026:KHC:53276 WP No. 14414 of 2025 Nos.3 to 7 shall not take any precipitative action against the petitioner including registration of FIR. Accordingly, the petition is disposed of. Sd/- (T.P.VIVEKANANDA) JUDGE BGN List No.: 1 Sl No.: 16