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2026 DAILYLAW 633 (KAR)

SRI. E. PRASAD RAO v. THE STATE OF KARNATAKA

WP/2953/2026 · 2026-02-24

M Nagaprasanna

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:11533 WP No. 2953 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 2953 OF 2026 (GM-BWSSB) BETWEEN: 1. SRI. E.PRASAD RAO, S/O PITCHAIAH EDARA, AGED ABOUT 63 YEARS, R/AT FLAT NO. 002, FARAH PLAZA, INFANTRY ROAD CROSS, BENGALURU - 560 001. 2. MRS. PINKY DHANPAL SAKARIA, W/O DHANPAL INDERKUMAR SAKARIA, AGED ABOUT 48 YEARS, R/AT FLAT NO. 201, KALPAVRUKSH HOMES, 2ND FLOOR, NO.5, 1ST MAIN, CHAKRAVARTHY IYENGAR, EXTENSION SHESHADRIPURAM, BENGALURU – 560 020. BOTH PETITIONERS NO.01 AND 02 ARE REPRESENTED BY THEIR GPA HOLDER, M/S. CONCORDE HOUSING PVT. LTD., A PRIVATE COMPANY REGISTERED UNDER INDIAN LAW, HAVING THEIR REGISTERED ADDRESS AT 40, 1, VITTAL MALLYA ROAD, SHANTHALA NAGAR, ASHOK NAGAR, BENGALURU - 560 001. Digitally signed by SANJEEVINI J KARISHETTY Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:11533 WP No. 2953 of 2026 REPRESENTED BY ITS AUTHORISED SIGNATORY, MR. GANGADHAR S., GENERAL MANAGER, AGED ABOUT 42 YEARS. …PETITIONERS (BY SRI. SAMMITH S., ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY UNDER SECRETARY, URBAN DEVELOPMENT DEPARTMENT, VIDHANA SOUDHA, BENGALURU - 560 001. 2. BANGALORE WATER SUPPLY AND SEWERAGE BOARD, REPRESENTED BY ITS ENGINEER-IN-CHIEF, 2ND FLOOR, CAUVERY BHAVAN, K.G.ROAD, BENGALURU - 560 009. 3. THE CHIEF ENGINEER (SOUTH), BANGALORE WATER SUPPLY AND SEWERAGE BOARD, 7TH FLOOR, CAUVERY BHAVAN, KEMPEGOWDA ROAD, BENGALURU - 560 009. 4. THE CHIEF ADMINISTRATIVE OFFICER CUM SECRETARY, BANGALORE WATER SUPPLY AND SEWERAGE BOARD, CAUVERY BUILDING, DISTRICT OFFICES ROAD, - 3 - HC-KAR NC: 2026:KHC:11533 WP No. 2953 of 2026 BENGALURU - 560 001. …RESPONDENTS (BY SRI. B.N.JAGADEESHA, ADDL. SPP FOR R1) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE GO NO. UDD 145 MNI 2004 DATED 28/02/2005 ISSUED BY RESPONDENT NO. 1, IN SO FAR AS THIS PETITIONER IS CONCERNED, AS CONTAINED IN ANNEXURE-C. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER Heard Sri Sammith S, learned counsel for petitioners, Sri. B.N.Jagadeesha, learned Additional SPP for respondent No.1 and have perused the material on record. 2. The charges levied against the petitioners, in the case at hand, are either few or all of these charges viz., Beneficiary Capital Contribution Charges, Greater 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- - 4 - HC-KAR NC: 2026:KHC:11533 WP No. 2953 of 2026 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. (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 same shall merit consideration within 12 weeks from the date of receipt of the copy of this order. - 5 - HC-KAR NC: 2026:KHC:11533 WP No. 2953 of 2026 (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.” 3. 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. Ordered accordingly. I.A.No.1 of 2026 is disposed, as a consequence. Sd/- (M.NAGAPRASANNA) JUDGE CBC List No.: 2 Sl No.: 9 CT:SS