The petitioner challenged a notice and circular issued by BWSSB regarding various water charges. Relying on a previous judgment that upheld Advance Probable Pro Rata Charges and Treated Water Charges while quashing other charges, the Court disposed of the writ petition.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 27687 OF 2023 (GM-BWSSB)
BETWEEN:
SMT. NAGMA SANKAR BAGEPALLI, D/O SMT.ERAMMA, W/O SRI. REDDY SANKARBABU BAGEPALLI, AGED 48 YEARS, R/AT NO.197, NAGMA NIVASA, 2ND MAIN, RATNA LAVENDER ROAD, TELECOM LAYOUT, THANISANDRA, DR. SHIVARAMA KARANTH NAGAR, BENGALURU – 560 077.
…PETITIONER
(BY SRI. KRISHNA GOWDA B., ADVOCATE)
AND:
Digitally signed by KAVYA G Location: High Court of Karnataka
NC: 2024:KHC:38466 WP No. 27687 of 2023
BANGALORE – 560 009. REPRESENTED BY ITS CHAIRMAN.
…RESPONDENTS
(BY SMT.SOWMYA R., HCGP FOR R3; SRI.B.L.SANJEEV, ADVOCATE FOR R1 AND R2)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE NOTICE DEMAND NOTICE GENERATED ON 10.10.23 AT ANNEXURE - F ISSUED BY THE R2; DIRECTION TO QUASH THE CIRCULAR BEARING NO.BWSSB/CH/EIC/CE(M)/3704/2017-18 DATED 24.8.2017 AT ANNEXURE - G ISSUED BY THE R2 AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA
ORAL ORDER
Heard Sri. Krishna Gowda B, learned counsel for the petitioner/s, Smt. Sowmya R., learned HCGP for respondent No.3 and Sri. B.L. Sanjeev, learned counsel for respondents No.1 & 2.
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
(ii) The demand of Advance Probable Pro Rata Charges and Treated Water Charges for Construction are upheld.
NC: 2024:KHC:38466 WP No. 27687 of 2023
NC: 2024:KHC:38466 WP No. 27687 of 2023
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.
As a consequence, pending I.A.s, if any, stand
disposed.
Sd/(M.NAGAPRASANNA)
JUDGE
BVK
List No.: 1 Sl No.: 498
2 issues framed by the court
Whether the demand for Advance Probable Pro Rata Charges and Treated Water Charges for Construction is lawful?
Whether the demand for Beneficiary Capital Contribution Charges and Greater Bangalore Water Sewerage Project charges is illegal?
Colour shows how this judgement treated each authority
W.P.No.20016 of 2021 c/w W.P.No.10020 of 2020Referred¶28
1 provisions across 1 enactments
SMT. NAGMA SANKAR BAGEPALLI
BANGALORE WATER SUPPLY AND SWERAGE BOARD
THE CHIEF ENGINEER (M), BANGALORE WATER SUPPLY AND SEWERAGE BOARD
STATE OF KARNATAKA, DEPARTMENT OF URBAN DEVELOPMENT
M.NAGAPRASANNA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
