M/S Advaith Aerospace Private Limited Vs State of Karnataka

M/S ADVAITH AEROSPACE PRIVATE LIMITED HAVING ITS REGISTERED OFFICE AT # 71, 71/1, LALBAGH ROAD, OPP. URVASHI THEATRE, SUDHAMANAGARA, BENGALURU - 560 027 REPRESENTED BY ITS AUTHORISED REPRESENTATIVE/ DIRECTOR MR. OLETY SATISH SUDEENDRA KUMAR

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Digitally signed by NAGAVENI Location: High Court of Karnataka

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(BY SRI. SAINATH D M., ADVOCATE)

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…PETITIONER

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AND:

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STATE OF KARNATAKA

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REP. BY ITS ADDITIONAL CHIEF SECRETARY URBAN DEVELOPMENT DEPARTMENT, VIKAS SOUDHA, BANGALORE-560001

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NC: 2025:KHC:13632 WP No. 7084 of 2025

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BANGALORE WATER SUPPLY

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AND SEWERAGE BOARD,

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2^ND FLOOR CAUVERY BHAVAN, KEMPEGOWDA ROAD, BANGALORE-560001 REPRESENTED BY ITS COMMISSIONER

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THE CHIEF ENGINEER

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(WEST DIVISION) BANGALORE WATER SUPPLY AND SEWERAGE BOARD,

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6^TH FLOOR CAUVERY BHAVAN, KEMPEGOWDA ROAD, BANGALORE-560001

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…RESPONDENTS

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(BY SRI. SHAMANTH NAIK, HCGP FOR R1)

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THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE DEMAND NOTICE DTD. 31.12.2024 BEARING NO. OWC/CE(M)/AEE(W22)/2024-25 ISSUED BY THE R-2 PRODUCED AS ANNX-C AT PAGE NO. 37-38 AND ETC.

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

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3 - NC: 2025:KHC:13632 WP No. 7084 of 2025

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CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA

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ORAL ORDER

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Heard Sri.Sainath D.M., learned counsel for the petitioner and the learned High Court Government Pleader Sri.Shamanth Naik, 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:13632 WP No. 7084 of 2025

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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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