Sri Ganesh Kumar a Vs the State of Karnataka — Company and Corporate | Karnataka HC (2025)

Sri Ganesh Kumar a Vs the State of Karnataka — Company and Corporate | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Disposal of the writ petition on the very same findings and observations as in W.P.No.20016 of 2021 c/w W.P.No.10020 of 2020 (Advance Probable Pro Rata Charges and Treated Water Charges for Construction upheld; Beneficiary Capital Contribution Charges and Greater Bangalore Water Sewerage Project charges held illegal).

Issue for consideration

Whether the charges levied against the petitioners — Beneficiary Capital Contribution Charges, Greater Bangalore Water Sewerage Project charges, Advance Probable Pro Rata Charges and Treated Water Charges for Construction — are legally sustainable. +1 more

Court's answer

The issues answered by this Court in W.P.No.20016 of 2021 c/w W.P.No.10020 of 2020 (disposed on 05-04-2024) stand covered to the present case 'on all its fours'.

Ratio / Principle

The writ petition stands disposed on the very same findings and observations as the earlier order — i.e., the demand of Advance Probable Pro Rata Charges and Treated Water Charges for Construction is upheld, and the demand of Beneficiary Capital Contribution Charges and Greater Bangalore Water Sewerage Project charges is held illegal.

Key takeaways

On those findings, the writ petition — filed for certiorari quashing of GO No. UDD 145 MNI 2004 dated 28/02/2005 (Annexure-C) — stands disposed, 'Ordered accordingly'.ratio¶¶74

Detailed headnote1 paragraphs

Karnataka High Court (M.Nagaprasanna, J.) — Writ Petition No. 20018 of 2025 (GM-BWSSB), decided 20-08-2025. Sixteen petitioners (acting through their general power of attorney holder DSR Green Homes) sought certiorari quashing of GO No. UDD 145 MNI 2004 dated 28/02/2005 (Annexure-C) concerning charges viz. Beneficiary Capital Contribution Charges, Greater Bangalore Water Sewerage Project charges, Advance Probable Pro Rata Charges and Treated Water Charges for Construction. Finding the issues covered 'on all its fours' by the Court's earlier order dated 05-04-2024 in W.P.No.20016 of 2021 c/w W.P.No.10020 of 2020, the Court disposed of the petition on the very same findings and observations: the demand of Advance Probable Pro Rata Charges and Treated Water Charges for Construction upheld; the demand of Beneficiary Capital Contribution Charges and Greater Bangalore Water Sewerage Project charges held illegal.

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NC: 2025:KHC:32560 WP No. 20018 of 2025

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 20^TH DAY OF AUGUST, 2025

BEFORE

THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 20018 OF 2025 (GM-BWSSB)

BETWEEN:

SRI. GANESH KUMAR A, S/O LATE M. APPAIAH, AGED ABOUT 52 YEARS, R/A NO.605, OPH ROAD, NEW EXTENSION, KADUGODI POST, BBMP WARD NO. 83, BENGALURU – 560067.

Digitally signed by NAGAVENI Location: High Court of Karnataka

SMT. JYOTHI KUMARI, D/O LATE M. APPAIAH, AGED ABOUT 49 YEARS, R/A NO.278/1, 12^TH CROSS, BEHIND FOUNDRY, VINAYAKANAGAR, VIMANAPURA, BENGALURU NORTH, BENGALURU – 560017.

SRI. MUNE GOWDA B, S/O SRI. M. BACHE GOWDA, AGED ABOUT 45 YEARS, R/A # 1030, MARUTHI NILAYA, CHANNASANDRA ROAD, BESIDE SANTHE MAIDANA, KADUGODI PLANTATION, BENGALURU – 560067.

M/S DSR REALTY, A PARTNERSHIP FIRM, REGISTERED UNDER THE INDIA PARTNERSHIP ACT, 1932, HAVING ITS REGISTERED OFFICE AT

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D.NO.8-2-293/82/A/221, ROAD NO.2 ‘SAGAR SOCIETY’, 1^ST FLOOR, PLOT NO.221, SRI RAJA PLAZA, ROAD NO.17, JUBILEE HILLS, HYDERABAD, TELANGANA STATE-500033, REPRESENTED BY ITS PARTNER AND AUTHORIZED SIGNATORY SRI.D. PRABHAKAR REDDY.

SRI. GANDLURI VEERA PRATAP REDDY, S/O GANDLURI VEERA REDDY, AGED ABOUT 66 YEARS, (SENIOR CITIZEN BENEFIT NOT CLAIMED).

SMT. GANDLURI LAXMI DEVI, W/O GANDLURI VEERA PRATAP REDDY, AGED ABOUT 61 YEARS,

SRI. GANDLURI VEERA DINESH REDDY, S/O GANDLURI VEERA PRATAP REDDY , AGED ABOUT 37 YEARS,

SRI. GANDLURI VEERA SHIVA REDDY, S/O GANDLURI VEERA PRATAP REDDY, AGED ABOUT 35 YEARS,

ALL ARE RESIDING AT 8-2-293/82-281/M ROAD NO.10 B, NEAR CANARA BANK, JUBILEE HILLS, VTC HYDERABAD, TELANGANA-500 033.

SMT. GUGGULA REDDY SHWETHA, D/O GANDLURI VEERA PRATAP REDDY, AGED ABOUT 40 YEARS, R/A 8-2-293/82-281/M, ROA NO.10 B, NEAR CANARA BANK, JUBILEE HILLS, VTC HYDERABAD, TELANGANA – 500033.

SRI. MANDADI ROHAN,

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S/O M. VENKAT KRISHNA REDDY, AGED ABOUT 34 YEARS, R/A NO. 8-2-269 S/91/B/1, ROAD NO.2, ’SAGAR SOCIETY’, BANJARA HILLS, HYDERABAD, TELANGANA STATE-500034.

SRI. MANDADI VENKATA KRISHNA REDDY, S/O LATE. M. RAMA CHANDRA REDDY, AGED ABOUT 67 YEARS, R/A NO. 8-2-269 S/91/B/1 NEAR KUNDALAHALLI GATE, THUBARAHALLI, VARTHUR MAIN ROAD, BENGALURU-500034. (SENIOR CITIZEN BENEFIT NOT CLAIMED).

MR. MUNIREDDY @ MUNIREDDY C, S/O LATE. CHOWDA REDDY, AGED ABOUT 63 YEARS, R/A NO. 258, 3^RD CROSS, SIDDHARTHA LAYOUT, KADUGODI, KADUGODI PLANTATION, BENGALURU-560062.

M/S DSR INFRASTRUCTURE PVT. LTD., A PRIVATE LIMITED COMPANY, REGISTERED UNDER THE COMPANIES ACT, 2013, HAVING ITS REGISTERED OFFICE AT, D.NO. 8-2-293/82/A/221, ROAD NO. 2, ‘SAGAR SOCIETY’, 1^ST FLOOR, PLOT NO. 221, SRI RAJA PLAZA, ROAD NO. 17, JUBILEE HILLS, HYDERABAD, TELANGANA TELANGANA STATE-500033 HAVING ITS BRANCH OFFICE AT BBMP KHATHA NO. 639/645/1, 4^TH FLOOR, BLOCK-C, DSR TECHNO CUBE, THRUBARAHLLI, VARTHUR MAIN ROAD, BENGALURU – 560066. REPRESENTED BY ITS AUTHORIZED

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SIGNATORY/PARTNER, SRI. K. RAGHAVENDRA REDDY.

MR. RAMA REDDY, S/O LATE CHOWDA REDDY, AGED ABOUT 79 YEARS, R/A NO.22, YALLAPPA REDDY CIRCLE, KADUGODI, KADUGODI PLANTATION, BENGALURU -560067. (SENIOR CITIZEN BENEFIT NOT CLAIMED)

SRI. RAVI KUMAR. A, S/O LATE APPAIAH, AGED ABOUT 51 YEARS, R/A NO. 401, SAROJ FANTASY, BHUVANESHWARI ROAD, WHITEFIELD, BENGALURU EAST TALUK, BENGALURU-560066.

SRI. SRINIVASA @ SRINIVASAN K V NIVAS K C, S/O LATE CHOWDA REDDY, AGED ABOUT 56 YEARS, R/A NO.419, SIDDHARTHA LAYOUT, KADUGODI PLANTATION, KADUGODI, BENGALURU-560067. PETITIONER NOS.1 TO 16 ARE REPRESENTED BY THEIR GENERAL POWER OF ATTORNEY HOLDER DSR GREEN HOMES, A PARTNERSHIP FIRM REGISTERED UNDER THE INDIAN PARTNERSHIP ACT, 1932, HAVING ITS OFFICE AT DOOR NO. 8-2-293/82A/221, 3^RD , FLOOR, PLOT NO. 221, SRI RAJA PLAZA, ROAD NO.17, JUBILEE HILLS, HYDERABAD -500033, REPRESENTED BY ITS MANAGING DIRECTOR MR. KALICHETI RAMA CHARITA MANAS.

…PETITIONERS (BY SRI. SAMMITH, ADVOCATE)

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AND:

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

BANGALORE WATER SUPPLY AND SEWERAGE BOARD, REPRESENTED BY ITS ENGINEER-IN-CHIEF 2^ND FLOOR, CAUVERY BHAVAN, K.G. ROAD, BENGALURU-560009.

THE CHIEF ENGINEER (NORTH), BANGALORE WATER SUPPLY AND SEWERAGE BOARD, 2^ND FLOOR, CAUVERY BHAVAN, KEMPE GOWDA ROAD, BENGALURU-560 009.

THE CHIEF ADMINISTRATIVE OFFICER CUM SECRETARY, BANGALORE WATER SUPPLY AND SEWERAGE BOARD, CAUVERY BUILDING, DISTRICT OFFICES ROAD, BENGALURU-560001.

…RESPONDENTS

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

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO GRANT AN ORDER, DIRECTION OR WRIT IN THE NATURE OF CERTIORARI QUASHING THE GO NO. UDD 145 MNI 2004 DATED 28/02/2005 ISSUED BY RESPONDENT NO.1, AS CONTAINED IN ANNEXURE-C AND ETC.

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

ORAL ORDER

Heard Sri. Sammith, learned counsel appearing for the petitioners, Sri.. Rajkumar, learned Additional Government Advocate appearing for respondent No.1 and Sri B.L.Sanjeev, learned counsel appearing for respondent Nos.2 to 4.

The charges levied against the petitioners, 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:

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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 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.”

In the light of the issues answered by this Court

supra standing covered to the case at hand on all its fours, the

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writ petition stands disposed on the very same findings and

observations.

Ordered accordingly.

Sd/(M.NAGAPRASANNA) JUDGE

CBC

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