Telangana High Court
G. Subbi Reddy vs The Hyderabad Metropolitan Water ... on 3 November, 2020
Author: Challa Kodanda Ram
Bench: Challa Kodanda Ram
THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM
WRIT PETITION No.28014 of 2014
WRIT PETITION Nos.609 and 7129 of 2015
WRIT PETITION Nos.14163 and 28975 of 2016
WRIT PETITION Nos.36931 and 37014 of 2017
WRIT PETITION Nos.4648, 24226 and 46363 of 2018
WRIT PETITION Nos.1384, 1539, 3637, 3642, 7916, 12287, 17297, 19837,
21233, 23174, 26262, 26514, 28231, 28962 and 29204 of 2019
WRIT PETITION Nos.107, 586, 630, 1288, 2290, 4386, 4387, 4388, 4395,
4418, 4546, 4552, 4571, 4573, 4574, 4580, 4599, 4614, 4641, 4642, 4648,
4719, 4749, 4758, 4769, 4779, 4798, 4801, 4804, 4827, 4975, 4976, 4980,
4982, 4986, 5084, 5102, 5103, 5141, 5938, 6036, 6046, 7970, 8360, 8365,
8440, 8596, 8643, 8972, 8975, 9031, 9063, 10617, 10619, 10621, 10635,
10657, 10698, 10699, 10718, 10941, 11076, 11305, 11495, 11516, 11543,
11545, 11604, 11663, 11665, 11666, 11749, 11771, 11773, 11774, 11775,
11776, 11778, 11783, 11785, 11793, 11798, 11822, 11893, 11899, 11900,
11901, 11905, 11936, 12002, 12467, 12472, 12579, 12664 and 12817 of 2020
COMMON ORDER:
Heard Sri Vedula Srinivas, learned counsel for the petitioners; and Sri J. Ramachandra Rao, learned Additional Advocate General assisted by the learned Standing Counsel Sri T. Sudhakar Reddy for Hyderabad Metropolitan Water Supply and Sewerage Board (HMWSSB), for the respondents.
It is a case where challenge is made to the charging of three times tariff in place of normal tariff, by relying on Rule 21(v) of G.O.Ms.No.86 dated 03.03.2006, and Rule 26(g) of G.O.Ms.No.168 dated 07.04.2012, for water supply for the petitioners who have failed to submit Occupancy Certificate. It may be noted that vide G.O.Ms.No.86 dated 03.03.2006, the Rules under the name and style of Hyderabad Building rules came into effect. It may also be further noted that in none of the writ petitions there is any challenge to the G.O.Ms.No.86 dated 03.03.2006, or to the subsequent G.O.Ms.No.168 dated 07.04.2012. Vide these two Government Orders, by way of Rules, wherever there is purport of the Rules and the Government Orders so far as relevant is concerned is that the submission of Occupancy Certificate was made mandatory and in the event of non-
2 wp_28014_2014 & batch CKR, J submission of Occupancy Certificate, the water charges shall be levied three times of normal charges.
Though it was initially contended by the learned counsel for the petitioners that levy of three times of normal charges is unauthorised, when the matter of taken up for hearing, learned counsel for the petitioners had placed on record the proceedings of HMWSSB vide Proceedings No.HMWSSB/Revenue/2018-19/793 dated 07.01.2019, and contended that in the said proceedings dated 07.01.2019, a Policy decision has been taken by the HMWSSB and the said decision would squarely apply to the petitioners in W.P.No.28014 of 2014, W.P.No.7129 of 2015 and W.P.No.46363 of 2018.
Learned Standing Counsel Sri T. Sudhakar Reddy, after obtaining instructions from the HMWSSB, filed a Memo dated 22.09.2020 before this Court enclosing the proceedings of HMWSSB vide Lr.No. HMWSSB/Dir(Rev)/2020-21/2253 dated 21.09.2020, and stating that the HMWSSB stands by its proceedings dated 07.01.2019 and willing to implement the same; and the said decision communicated under Proceedings dated 07.01.2019 would apply to all cases who are eligible.
When queried, Sri Vedula Srinivas, learned counsel would submit that he would be satisfied if the cases of petitioners are considered in terms of HMWSSB decision vide Proceedings dated 07.01.2019.
The lead arguments which were advanced by Sri Vedula Srinivas, learned counsel for the petitioners, and the decision of HMWSSB which the learned Standing Counsel had communicated by way of Memo dated 22.09.2020 before this Court, were adopted by other learned counsels Sri Muddana Koteswara Rao, Sri Sravan Kumar and other counsels appearing for the petitioners in their respective writ petitions, and have prayed for 3 wp_28014_2014 & batch CKR, J disposal of the writ petitions with a direction to the respondents to consider the cases of petitioners in terms of Proceedings of HMWSSB dated 07.01.2019 for which prayer there was no objection from the respondents counsels.
Accordingly, the writ petitions are disposed of without expressing any opinion on merits with respect to various issues raised in the writ petitions, with a direction to the respondent-HMWSSB to consider the case of the petitioners in terms of the Proceedings No.HMWSSB/Revenue/2018-19/793 dated 07.01.2019. No costs. Miscellaneous petitions, if any pending, shall stand closed.
_______________________ CHALLA KODANDA RAM, J 03rd November, 2020 ksm 4 wp_28014_2014 & batch CKR, J THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No.28014 of 2014 WRIT PETITION Nos.609 and 7129 of 2015 WRIT PETITION Nos.14163 and 28975 of 2016 WRIT PETITION Nos.36931 and 37014 of 2017 WRIT PETITION Nos.4648, 24226 and 46363 of 2018 WRIT PETITION Nos.1384, 1539, 3637, 3642, 7916, 12287, 17297, 19837, 21233, 23174, 26262, 26514, 28231, 28962 and 29204 of 2019 WRIT PETITION Nos.107, 586, 630, 1288, 2290, 4386, 4387, 4388, 4395, 4418, 4546, 4552, 4571, 4573, 4574, 4580, 4599, 4614, 4641, 4642, 4648, 4719, 4749, 4758, 4769, 4779, 4798, 4801, 4804, 4827, 4975, 4976, 4980, 4982, 4986, 5084, 5102, 5103, 5141, 5938, 6036, 6046, 7970, 8360, 8365, 8440, 8596, 8643, 8972, 8975, 9031, 9063, 10617, 10619, 10621, 10635, 10657, 10698, 10699, 10718, 10941, 11076, 11305, 11495, 11516, 11543, 11545, 11604, 11663, 11665, 11666, 11749, 11771, 11773, 11774, 11775, 11776, 11778, 11783, 11785, 11793, 11798, 11822, 11893, 11899, 11900, 11901, 11905, 11936, 12002, 12467, 12472, 12579, 12664 and 12817 of 2020 03rd November, 2020 ksm