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WP No. 18818 of 2022

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 21ST DAY OF NOVEMBER, 2022

BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
WRIT PETITION NO. 18818 OF 2022 (GM-BWSSB)
BETWEEN:

1. SRI.H.SRINIVASA,
S/O LATE HANUMANTHAPPA,
AGED ABOUT 67 YEARS,
R/A FLAT NO.202,
AABRIZ ABODE APARTMNETS, COX TOWN,
BENGALURU – 560 005.

2. SMT. VIJAYA KUMARI,

W/O LATE H.RAMAIAH,
AGED ABOUT 57 YEARS,

3. SMT. PALLAVI R.,

D/O LATE H.RAMAIAH,
AGED ABOUT 37 YEARS,
PETITIONER NOS.2 AND 3
ARE R/A NO.49, 2ND CROSS,
RAMAIAH LAYOUT,
Digitally signed by
PADMAVATHI B K KAMMANAHALLI MAIN ROAD,
Location: HIGH BENGALURU – 560 084.
COURT OF
KARNATAKA
…PETITIONERS

(BY SRI. JANARDHANA G., ADVOCATE)

AND:

1. THE CHAIRMAN,
B .W.S.S.B.,
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WP No. 18818 of 2022

CAUVERY BHAVANA, K.G.ROAD,

BANGALORE – 560 009.

2. THE ASST. EXECUTIVE ENGINEER,

C-3 SUB DIVISION, B.W.S.S.B.,
FRAZER TOWN,
BANGALORE – 560 005.

…RESPONDENTS

(BY SRI. SANJEEV B L.,ADVOCATE)

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF

THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE
RESPONDENTS TO RESTORE WATER SUPPLY TO THE PREMISES
BEARING NO.40/1 STANDAGE ROAD, FRAZER TOWN,
BENGALURU 560005; DIRECT THE RESPONDENTS TO DECIDE
THE MATTER ON MERITS PENDING BEFORE THE LOWER
APPELLATE COMMITTEE IN CASE NO.BWSSB/A/CE(W)-
2/DCE(M)-1/TA(M)-1/5246/21-22, DATED 04.01.2022
(WRONGLY MENTIONED AS 04.01.2021) ANNEXURE – L AND
ETC.,

THIS PETITION, COMING ON FOR PRELIMINARY HEARING

IN 'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:

ORDER

Heard Sri. Janardhana G., learned counsel appearing for

the petitioners, Sri. B.L. Sanjeev, learned counsel appearing for

the respondents and have perused the material on record.

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WP No. 18818 of 2022

2. The petitioners are before this Court seeking a

direction by issuance of a writ in the nature of mandamus to

restore water supply and also direct the Lower/Higher Appellate

Committee to dispose the appeal pending before him.

3. The petitioners have a valid water supply/power

supply from the authorities of the State.

4. It transpires that on 18.12.2020, the respondents

had affixed a notice on the premises of the petitioners that the

water bill is not paid and same would be recovered as arrears

of land revenue in terms of the provisions of Karnataka Land

Revenue Act, 1964.

5. The petitioners approached the respondents seeking

settlement of dispute and before the Lower Appellate

Committee constituted for such purposes and also deposited

50% of the amount.

6. Learned counsel appearing for the petitioners

submits that the arrears of Rs.8.00 lakhs as projected when the

noticed was affixed was already been paid or deposited before

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WP No. 18818 of 2022

the concerned authorities and the matter is now pending before

the Higher Appellate Committee.

7. Learned counsel, Sri. B.L. Sanjeev representing the

respondents would on instructions submit that Rs.8,06,153/-

lakhs had been deposited by the petitioners and as on today,

the due is Rs.11,00,000/- and the issue is at large before the

Higher Appellate Committee.

8. Learned counsel appearing for the petitioners would

dispute the astronomical figure that the respondents are now

seeking to project against the petitioners.

9. Since the matter is before the Higher Appellate

Committee, the Appellate Committee would endeavour to

conclude the proceedings within 3 months from the date of

receipt of a copy of this order.

10. In the light of the petitioners depositing

Rs.8.00 lakhs, which is admitted by the learned counsel

appearing for the respondents, the water supply be restored

forthwith to the premises of the petitioners, which shall be

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WP No. 18818 of 2022

subject to the result of the proceedings before the Higher

Appellate Committee.

With the aforesaid observations, the petition stands

disposed.

It is needless to observe that once the restoration of

water supply is made, bills at regular intervals shall be paid by

the petitioners.

Sd/-
JUDGE

SJK
List No.: 1 Sl No.: 11