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2026 DAILYLAW 7868 (KAR)

SRI K M LAKSHMAIAH REDDY v. THE ASSISTANT EXECUTIVE ENGINEER

WP/5481/2026 · 2026-03-04

Sachin Shankar Magadum

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:13347 WP No. 5481 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 5481 OF 2026 (GM-BWSSB) BETWEEN: 1. SRI K M LAKSHMAIAH REDDY S/O LATE K.N. MUNISWAMY REDDY, AGED ABOUT 82 YEARS, RESIDING AT NO.103/8, 9TH CROSS, 2ND MAIN, WILSON GARDEN, BENGALURU -560027, ALSO RESIDING AT KORAMANGALA 5TH BLOCK, BENGALURU-560095. …PETITIONER (BY SRI. RANGANATH REDDY, ADVOCATE) AND: 1. THE ASSISTANT EXECUTIVE ENGINEER BANGALORE WATER SUPPLY AND SEWERAGE BOARD (BWSSB) SE-5, 2ND CROSS ROAD, KORAMANGALA, BENGALURU-560034. 2. THE CHIEF ENGINEER (EAST), BANGALORE WATER SUPPLY AND SEWERAGE BOARD (BWSSB), CAUVERY BHAVAN, KEMPEGOWDA ROAD, BENGALURU-560009. …RESPONDENTS Digitally signed by SHARADAVANI B Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:13347 WP No. 5481 of 2026 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-DIRECT THE RESPONDENTS TO TAKE IMMEDIATE ACTION IN ACCORDANCE WITH LAW ON THE COMPLAINT TO THE RESPONDENTS DATED 03.01.2026 (ANNEXURE-A) RELATING TO ILLEGAL DISCHARGE OF SANITARY WASTEWATER INTO THE STORM WATER DRAIN AT PROPERTY NO. 11 AND 13 HUTZ GARDEN BUILDING, 60 FEET ROAD, GUAVA GARDEN, 5TH BLOCK KORAMANGALA BENGALURU -560095 AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER The petitioner in the captioned writ petition is not ventilating any personal or individual grievance. On the contrary, the grievance projected in the petition pertains to the alleged discharge of raw sewage into the storm water drain, which according to the petitioner is causing environmental degradation and posing serious public health hazards to the residents in the surrounding locality. A perusal of the complaint submitted by the residents, produced at Annexure-B, clearly indicates that the issue raised by the petitioner is one affecting - 3 - HC-KAR NC: 2026:KHC:13347 WP No. 5481 of 2026 the general public at large and is therefore in the nature of a public cause rather than a dispute involving violation of any personal legal right of the petitioner. 2. It is a settled principle that the extraordinary jurisdiction of this Court under Article 226 of the Constitution is ordinarily invoked for enforcement of an individual or legal right of a person who is aggrieved by an action or inaction of the State or its instrumentalities. In the present case, the petitioner has not demonstrated any personal injury or infringement of any legally enforceable right. On the contrary, the petition essentially seeks redressal of a matter which is projected as affecting the larger public and the environment. Such grievances, which are in the nature of public interest, are required to be espoused in properly instituted Public Interest Litigation proceedings and cannot be casually agitated in an individual writ petition without complying with the procedural requirements governing Public Interest Litigations. 3. That apart, the petitioner has also not impleaded the owners of the properties bearing Nos. 11 and 13, Hutz Garden Building, Koramangala, Bengaluru, from whose premises the - 4 - HC-KAR NC: 2026:KHC:13347 WP No. 5481 of 2026 alleged discharge of sewage is stated to be emanating. In the absence of the said parties, whose rights and obligations would be directly affected by any order that may be passed by this Court, the writ petition also suffers from non-joinder of necessary parties. Having regard to these material defects, this Court is of the considered view that the present writ petition, which essentially seeks to espouse a public cause, is not maintainable in its present form. Accordingly, the writ petition stands dismissed as not maintainable. However, liberty is reserved to the petitioner to seek appropriate remedy in accordance with law, if so advised. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE HDK List No.: 1 Sl No.: 25