M/S Sri Chamundeshwari Sugars Limited Vs the State of Karnataka

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NC: 2025:KHC:9020 WP No. 11069 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 3^RD DAY OF MARCH, 2025

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BEFORE

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THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 11069 OF 2024 (GM-BWSSB)

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BETWEEN:

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M/S. SRI CHAMUNDESHWARI SUGARS LIMITED A PUBLIC LIMITED COMPANY INCORPORATED UNDER COMPANIES ACT 1956 HAVING ITS REGISTERED OFFICE AT NO. 88/5, RICHMOND ROAD, BANGALORE - 560 025, REPRESENTED BY ITS GPA HOLDER,

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Digitally signed by NAGAVENI Location: High Court of Karnataka

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M/S SUMADHURA INFRACON PRIVATE LIMITED A PRIVATE LIMITED COMPANY INCORPORATED UNDER COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT SY NO 108/2, MILLENNIA BUILDING, 1ST MAIN, MSR LAYOUT, MUNNEKOLLALA VILLAGE, MARATHAHALLI ORR, BANGALORE - 560 048, REPRESENTED BY ITS DIRECTOR, SRI. BHARATH KUMAR KANDUKURI.

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…PETITIONER

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(BY SRI. SAMMITH S, ADVOCATE)

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NC: 2025:KHC:9020 WP No. 11069 of 2024

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AND:

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THE STATE OF KARNATAKA, REPRESENTED BY UNDER SECRETARY, URBAN DEVELOPMENT DEPARTMENT, VIDHANA SOUDHA, BENGALURU - 560 001.

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BANGALORE WATER SUPPLY AND SEWERAGE BOARD, REPRESENTED BY ITS ENGINEER-IN-CHIEF, 2ND FLOOR, CAUVERY BHAVAN, K G ROAD, BENGALURU - 560 009.

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THE CHIEF ENGINEER (EAST), BANGALORE WATER SUPPLY AND SEWERAGE BOARD, 6TH FLOOR, CAUVERY BHAVAN, K G ROAD, BENGALURU - 560 009.

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THE CHIEF ADMINISTRATIVE OFFICER CUM SECRETARY, BANGALORE WATER SUPPLY AND SEWERAGE BOARD, CAUVERY BHAVAN, K G ROAD, BENGALURU - 560 001.

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…RESPONDENTS

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(BY SRI. MOHAMMED JAFFER, AGA FOR R1; SRI. B.L. SANJEEV, ADVOCATE FOR R2 TO R4)

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THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF

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THE CONSTITUTION OF INDIA PRAYING TO QUASH THE GO NO. UDD 145 MNI 2004 DATED 28.02.2005 ISSUED BY R-1 AS CONTAINED IN ANNX-C AND ETC.,

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NC: 2025:KHC:9020 WP No. 11069 of 2024

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA

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ORAL ORDER

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Heard Shri Sammith S., learned counsel appearing for the petitioner; Shri B.L. Sanjeev, learned counsel appearing for respondents No.2 to 4 and Shri Mohammed Jaffer, learned Additional Government Advocate appearing for respondent No.1

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The charges levied against the petitioner, 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:

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NC: 2025:KHC:9020 WP No. 11069 of 2024

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“35. For the aforesaid reasons, the following:

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ORDER

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(i) The Writ Petitions are allowed in part.

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(ii) The demand of Advance Probable Pro Rata Charges and Treated Water Charges for Construction are upheld.

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(iii) The demand of Beneficiary Capital Contribution Charges and Greater Bangalore Water Sewerage project charges are held to be illegal.

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(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 the Rules, by making suitable amendments to the Act, Rules or the Regulations.

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(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.

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(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.”

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