Karnataka High Court
Sri C Ramachandraiah vs The State Of Karnataka on 22 April, 2024
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
-1-
NC: 2024:KHC:17385
WP No. 18746 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND DAY OF APRIL, 2024
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
WRIT PETITION NO. 18746 OF 2022 (GM-BWSSB)
BETWEEN:
1. SRI C RAMACHANDRAIAH
S/O SRI NARASAIAH CHANNAMASETTY
AGED ABOUT 70 YEARS
SENIOR CITIZEN NOT CLAIMED IN THIS PETITIONER
2. SMT SIDDESHWARI
W/O SRI C RAMACHANDRAIAH
AGED ABOUT 59 YEARS
3. SRI RAMAKISHORE
S/O C RAMACHANDRAIAH
AGED ABOUT 41 YEARS
4. SRI C RAMAPRADEEP
Digitally
signed by S/O SRI C RAMACHANDRAIAH
NAGAVENI AGED ABOUT 35 YEARS
Location:
HIGH
COURT OF ALL ARE R/AT NO.282, 83 AND 84
KARNATAKA 2ND CROSS, TELECOM LAYOUT
ASHWATHNAGAR, THANISANDRA
BANGALORE-560043
REPRESENTED BY THEIR GPA HOLDER
M/S AXIS INFINITY
A REGISTERED PARTNERSHIP FIRM REGISTERED AS
PER THE INDIAN PARTNERSHIP ACT 1932
REGISTRATION NO.JNR-F671-2017-18
DATED 11/09/2017
-2-
NC: 2024:KHC:17385
WP No. 18746 of 2022
HAVING OFFICE AT NO.555, "AXIS PADEGAL"
4TH FLOOR, J P NAGAR
3RD PHASE, 9TH CROSS
NEAR SONY CENTER
BANGALORE-560078
REPRESENTED BY ITS MANAGING PARTNER
SRI R HARISH BABU
S/O LATE RAMARAJU
AGED ABOUT 45 YEARS
OFFICE AT NO.555, "AXIS PADEGAL"
4TH FLOOR, J P NAGAR, 3RD PHASE
9TH CROSS, NEAR SONY CENTER
BANGALORE-560078
...PETITIONERS
(BY SRI. MANJUNATHA S V.,ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY ADDITIONAL CHIEF SECRETARY
URBAN DEVELOPMENT DEPARTMENT
VIDHANA SOUDHA
BANGALORE-560001
2. THE CHAIRMAN
BANGALORE WATER SUPPLY AND
SEWERAGE BOARD
CAUVERY BUILDING
DISTRICT OFFICERS ROAD
BANGALORE-560001
3. ENGINEER IN CHIEF
BANGALORE WATER SUPPLY AND
SEWERAGE BOARD
2ND FLOOR, CAUVERY BHAVAN
K G ROAD
BANGALORE-560009
-3-
NC: 2024:KHC:17385
WP No. 18746 of 2022
4. THE CHIEF ENGINEER (N)
BANGALORE WATER SUPPLY AND SEWERAGE BOARD
2ND FLOOR, CAUVERY BHAVAN
K GROAD
BANGALORE-560009
5. THE CHIEF ADMINISTRATIVE OFFICER CUM
SECRETARY
BANGALORE WATER SUPPLY AND SEWERAGE BOARD
CAUVERY BUILDING
DISTRICT OFFICERS ROAD
BANGALORE-560001
...RESPONDENTS
(BY SRI. RAHUL CARIAPPA K.S., AGA FOR R1;
SRI. B.L.SANJEEV, ADV. FOR R2 TO R5)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
CIRCULAR DTD.3.4.2017 ISSUED BY R-3 AS CONTAINED IN
ANNEXURE-D GRANT AND ORDER DIRECTION OR WRIT IN THE
NATURE OF CERTIORARI QUASHING THE DEMAND NOTE
DTD.8.9.2022 ISSUED BY R-4 AS CONTAINED IN ANNEXURE-E
IN SO FAR S DEMAND FOR PAYMENT OF ADVANCE PROBABLE
PRO RATA CHARGES AND GBWASP/BCC CHARGES UNDER
CLAUSE-II AND III OF SAID DEMAND LETTER AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING
- 'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Heard Sri S.V.Manjunatha, learned counsel for petitioner/s, Sri.Rahul Cariappa K.S., learned Additional Government Advocate for respondent No.1 and Sri B.L.Sanjeev, learned counsel for respondent Nos.2 to 5. -4-
NC: 2024:KHC:17385 WP No. 18746 of 2022
2. The charges levied against the petitioner/s, 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 05-04-2024, 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 -5- NC: 2024:KHC:17385 WP No. 18746 of 2022 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.
(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.
Sd/-
JUDGE KG