Court disposed of writ petition seeking quashing of a demand note for water charges. Relying on a preliminary hearing judgment in W.P.No.20016/2021, the court held that the prayer was covered by prior findings and disposed of the present petition accordingly without granting specific relief.
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.
NC: 2024:KHC:14724 WP No. 4199 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF APRIL, 2024
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 4199 OF 2024 (GM-BWSSB)
BETWEEN:
M/S. VAJRAM ESTATES PVT. LTD., A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT: 3/28/54/1, BRINDAVAN GARDENS GUNTUR – 522 006.
HAVING ITS PRINCIPAL PLACE AT BUSINESS AT 2ND FLOOR, VAJRAM ESTEVA, SY NO.57/4 (OLD SY.NO.57/2), OUTER RING ROAD, DEVARABEESANAHALLI VILLAGE VARTHUR HOBLI Digitally signed BENGALURU – 560 103 by NAGAVENI REPRESENTED HEREIN BY ITS Location: HIGH COURT OF MANAGING DIRECTOR KARNATAKA MR. VAJRAM PAVAN KUMAR.
…PETITIONER
(BY SRI PRAKASH TIMMANNA HEBBAR.,ADVOCATE)
AND:
NC: 2024:KHC:14724 WP No. 4199 of 2024
URBAN DEVELOPMENT DEPARTMENT, VIDHANA SOUDHA DR.B.R.AMBEDKAR ROAD BENGALURU – 560 001.
…RESPONDENTS
(BY SMT.NAVYA SHEKHAR, AGA FOR R1; SRI B.L.SANJEEV, ADVOCATE FOR R2 & R3)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTION TO QUASH THE IMPUGNED DEMAND NOTE BEARING NO. NIL DATED 19.10.23 ISSUED BY THE R3 TO THE PETITIONERS (ANNEXURE-A) AS WITHOUT AUTHORITY IN LAW BEING CONTRARY TO SECTIONS 122 AND 129 OF THE BENGALURU WATER SUPPLY AND SEWERAGE ACT, 1964.
THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
NC: 2024:KHC:14724 WP No. 4199 of 2024
ORDER
The petitioner is before this Court seeking the following prayer:
“1. Issue a Writ of Certiorari or any other appropriate writ or order or direction to quash the Impugned Demand Note bearing No.Nil dated 19.10.2023 issued by the Respondent No.3 to the Petitioners (Annexure – A) as without authority in Law being contrary to Sections 122 and 129 of the Bengaluru Water Supply and Sewerage Act, 1964; and
2. Issue such other Writ, Order or direction as this Hon’ble Court deems fit in the given facts and circumstances of the case including the cost of these proceedings in the interest of justice.”
NC: 2024:KHC:14724 WP No. 4199 of 2024
for construction to the Board if it has to issue a NOC. These very charges are stood decided by this Court in W.P.No.20016/ *2021 and connected matter, disposed on 05.04.2024. This Court has held as follows:
“35. For the aforesaid reasons, the following:
* Corrected vide chamber order dated 02.05.2024
the interim order, the Registry shall refund those amounts to the petitioners, in case of any deposit of the kind.”
Therefore, the issues as answered by this Court supra
and in the light of the issues standing covered on all its fours, the writ petition stands disposed on the very same findings and
the observations.
Ordered accordingly.
I.A.No.1/2024 is disposed, as a consequence.
Sd/JUDGE
NVJ
List No.: 1 Sl No.: 39
2 issues framed by the court
Whether the impugned demand note bearing no. NIL dated 19.10.2023 can be quashed as being without authority in law and contrary to the Bengaluru Water Supply and Sewerage Act, 1964.
Whether the previous judgment in W.P.No.20016/2021, which covered the same facts/issues, precludes the need for a fresh decision on the writ petition.
Colour shows how this judgement treated each authority
W.P.No.20016/2021Relied on¶33
W.P.No.20016/2021
2 provisions across 2 enactments
M/s. Vajram Estates Pvt. Ltd.
State of Karnataka
The Chairman Bangalore Water Supply and Sewerage Board
The Chief Engineer (North) Bangalore Water Supply and Sewerage Board
M.Nagaprasanna
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
