Sri R Muni Reddy Vs Bangalore Water Supply and… — Writ and Judicial Review | Karnataka HC (2026)

Sri R Muni Reddy Vs Bangalore Water Supply and… — Writ and Judicial Review | Karnataka HC (2026)

What the court decided

AI extract

Outcome

Notices at Annexure-A (dated 15.02.2021, BMTF) and Annexure-B (dated 21.03.2020, BWSSB) quashed; petitioners permitted to seek regularization of sewage and water connection by representation within thirty days; Respondents Nos.1 and 2 to consider and pass appropriate orders within sixty days; no precipitative action until such consideration.

Issue for consideration

Whether the notices dated 15.02.2021 (BMTF) and 21.03.2020 (BWSSB) alleging illegal water and sewage connections were sustainable, given that the petitioners constructed the residential house in 1994-95 before the area came within BBMP/BWSSB jurisdiction, and whether they were liable to be quashed.

Court's answer

Since the petitioners purportedly acquired the property and constructed the residential house in 1994-95, before the area came within the administrative jurisdiction of BBMP, the allegation of their taking illegal sewage and water connection required reconsideration by the BWSSB.

Ratio / Principle

The petition is disposed of; the impugned notices at Annexures-A and B dated 15.02.2021 and 21.03.2020 are quashed. Petitioner may make a representation within thirty days seeking regularization of the sewage and water connection; Respondents Nos.1 and 2 shall consider it in accordance with law and pass appropriate orders within sixty days.

Key takeaways

No precipitative action shall be taken against the petitioners until consideration of their representation for regularization.ratio¶46

Detailed headnote1 paragraphs

Writ Petition (GM-RES) under Articles 226 and 227 of the Constitution of India, quashing of notices alleging illegal water and sewage connections — Petitioners purchased the schedule property in 1994 and constructed a residential house in 1994-95 under a sanctioned plan of the then Hongasandra Grama Panchayath; the area was subsequently brought within BBMP jurisdiction — BMTF notice dated 15.02.2021 (Annexure-A) and BWSSB Final Notice dated 21.03.2020 (Annexure-B) called upon petitioners to answer allegations of illegal connections / regularise within seven days — Held: since construction preceded the area coming within BBMP jurisdiction, the allegation of illegal connection required reconsideration by BWSSB; both notices quashed; petition disposed of with liberty to petitioners to seek regularization by representation within 30 days, Respondents Nos.1 and 2 to consider and pass appropriate orders within 60 days, and no precipitative action till then — Petitioner No.1 reported dead; second petitioner is his son (M.G.S. Kamal, J.).

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NC: 2026:KHC:11027 WP No. 4840 of 2021

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 23^RD DAY OF FEBRUARY, 2026

BEFORE

THE HON'BLE MR. JUSTICE M.G.S. KAMAL

WRIT PETITION NO. 4840 OF 2021 (GM-RES)

BETWEEN:

SRI R MUNI REDDY S/O RAMA REDDY, AGED ABOUT 70 YEARS, NO.172, 19^TH MAIN ROAD, 16^TH CROSS, SECTOR I HSR LAYOUT, VANGANAHALLI, BENGLAURU-560 102.

Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA

SRI. M.DAYANAND S/O SRI. R. MUNI REDDY AGED ABOUT 39 YEARS, NO.172, 19^TH MAIN ROAD, 16^TH CROSS, SECTOR I HSR LAYOUT, VANGANAHALLI, BENGALURU-560 102.

…PETITIONERS

(BY SRI. SHASHIDHARA H N., SENIOR COUNSEL FOR SRI. H.S. SUHAS., ADVOCATE)

AND:

BANGALORE WATER SUPPLY AND SEWERAGE BOARD CAUVERY BHAVAN, K.G.ROAD, BENGALURU-560 009 REP BY ITS MANAGING DIRECTOR.

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THE ASSISTANT EXECUTIVE ENGINEER NO.4, WATER SUPPLY AND DRAINAGE SUB DIVISION (SOUTH) BANGALORE WATER SUPPLY AND SEWERAGE BOARD, BANGALORE JALAMANDALI, BTM LAYOUT, BENGALURU-560 029.

BANGALORE METROPOLITAN TASK FORCE BBMP OFFICE BUILDING, N.R.SQUARE, BENGALURU-560 002. REP BY SUPERINTENDENT OF POLICE.

…RESPONDENTS

(BY SRI. MONESH KUMAR K B.,ADVOCATE FOR R1 & R2; SMT. SARITHA KULKARNI., ADVOCATE FOR R3)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE NOTICE DATED 15.02.2021 VIDE ANNEXUREA ISSUED BY THE R-3; QUASH THE NOTICE DATED 21.03.2020 VIDE ANNEXURE-B ISSUED BY THE R-2

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

CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL

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ORAL ORDER

Petitioners are before this Court seeking following reliefs;

'' (a) Issue a writ of certiorari quashing the notice bearing No.BMTF/N.C.R-64/2021 dated 15.02.2021, vide ANNEXURE-A issued by the 3^rd Respondent;

(b) Issue a writ of certiorari quashing the notice bearing No.BEMJAMAM/SAKANI/AA(DA)4/SA AA/1662/4/2019-20 dated 21.03.2020, vide ANNEXURE-B, issued by the 2nd Respondent; and

(c) Pass such other order or direction as deems fit in the facts and circumstances of the case includes the costs of this writ petition, in the interest of justice and equity. ''

Sri. H. N. Shashidhara, learned Senior counsel appearing for

Sri. H.S. Suhas, learned counsel for the petitioner submits that the petitioner No.1-Sri. R. Muni Reddy is no more and the second petitioner is his son. He submits that the petitioners had purchased petition schedule property in terms of registered deed of sale dated 23.03.1994. That they had obtained sanctioned plan for the purpose of construction of a residential house from the then Hongasandra Grama Panchayath as per Annexure-E during the year 1994-95 and have even put up construction of the residential house.

That the petition schedule property and the house constructed thereon was earlier within the jurisdiction of the then Hongasandra Grama Panchayath, which was subsequently made over and brought within the jurisdiction of Bruhat Bengaluru Mahanagara Palike (BBMP). Civic amenities/facilities such as sewage and water connection were earlier provided by the then Hongasandra Grama

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Panchayath. Which continued even after the petition schedule property coming within the jurisdiction of BBMP. He submits that the petitioners do not have records with regard to they obtaining such connection either from the Hongasandra Grama Panchayath or the same having been later confirmed and accepted by the BWSSB. But the fact remains, petitioners having put up the construction of house much prior to the same coming within the jurisdiction of the BBMP, he submits without providing any opportunity to petitioners, that too during the COVID-19 period, the respondent No.3 issued the notice dated 15.02.2021, alleging that the petitioners have taken illegal sewage and water connection and thereby called upon them to appear on 19.12.2021. That the said notice is preceded by another Final Notice dated 21.03.2020 issued by the BWSSB, terming the petitioners to have taken illegal connection and calling upon them to regularize the same within seven days. He submits that the petitioners were constrained to approach this Court as there was a threat of disconnection. He however submits that given an opportunity, the petitioner would approach the respondents, if the directions issued for them to reconsider the case of the petitioner.

The perusal of record more particularly document at Annexures-C, D and E would indicate that the petitioners had purportedly acquired the petition schedule property and had even

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constructed a residential house thereon during the year 1994-95. As submitted by learned Senior Counsel appearing for the petitioners, this area has come within the administrative jurisdiction of the BBMP, subsequent to petitioners putting up such constructions. If this is the fact, the allegations of petitioners taking illegal sewage and water connection requires to be reconsidered at the hands of the BWSSB.

In that view of the matter, petition is disposed of . The impugned notices produced at Annexures-A and B dated 15.02.2021 and 21.03.2020 respectively are quashed. Petitioner shall make a representation within thirty days from the date of receipt of certified copy of this order seeking regularization of Sewage and Water connection. Respondent Nos.1 and 2 shall consider the same in accordance with law and pass appropriate order thereon within sixty days.

No precipitative actions shall be taken until consideration of such representation of the petitioner.

Sd/(M.G.S. KAMAL) JUDGE

RL

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