The Chairman vs State Of Karnataka
2024 Latest Caselaw 3375 Kant

Karnataka High Court

The Chairman vs State Of Karnataka on 5 February, 2024

Author: P.S. Dinesh Kumar

Bench: P.S. Dinesh Kumar

                                                     -1-
                                                            NC: 2024:KHC:4849-DB
                                                               WA No. 173 of 2024




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                            DATED THIS THE 5TH DAY OF FEBRUARY, 2024

                                                 PRESENT

                        THE HON'BLE MR. P.S. DINESH KUMAR, CHIEF JUSTICE

                                                     AND

                    THE HON'BLE MR. JUSTICE T.G. SHIVASHANKARE GOWDA

                            WRIT APPEAL NO. 173 OF 2024 (GM-BWSSB)

                   BETWEEN:

                   1.     THE CHAIRMAN
                          BWSSB
Digitally signed          CAUVERY BHAVAN, K.G.ROAD
by ANUSHA V               BENGALURU-560 009
Location: High
Court of           2.     BENGALURU WATER SUPPLY AND
Karnataka                 SEWERAGE BOARD
                          REP. BY ITS CAO CUM SECRETARY
                          II FLOOR, CAUVERY BHAVAN
                          K.G.ROAD, BENGALURU-560 009

                   3.     THE CHIEF ENGINEER (M)
                          BWSSB, 2ND FLOOR
                          CAUVERY BHAVAN, K.G.ROAD
                          BENGALURU-560 009                         ...APPELLANTS


                   (BY SHRI. K.B. MONESH KUMAR, ADVOCATE)

                   AND:

                   1.    STATE OF KARNATAKA
                         REP. BY ITS UNDER SECRETARY
                         URBAN DEVELOPMENT DEPARTMENT
                         VIDHANA SOUDHA
                         BENGALURU-560 001
                                                 -2-
                                                                 NC: 2024:KHC:4849-DB
                                                                    WA No. 173 of 2024




2.        M/S. ESTEEM KINGS DWELLING PVT. LTD
          REPRESENTED BY ITS DIRECTOR
          GAURAV AHUJA
          S/O NARAINDAS BODARAM
          AGED ABOUT 35 YEARS
          HAVING ITS REGISTERED OFFICE AT
          UNIT NO.33, 3RD FLOOR
          SNS CHAMBERS, NO.239
          SANKEY ROAD, SADASHIVNAGAR
          BENGALURU-560 080
          (REGISTERED UNDER THE
          COMPANIES ACT, 1956)                                        ...RESPONDENTS


    (BY SMT. NILOUFER AKBAR, AGA FOR R1)

           THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT
ACT PRAYING TO CALL FOR RECORDS IN WP No.26302/2023 AND SET ASIDE
THE INTERIM ORDER DATED 19.12.2023 PASSED IN THE WP No.26302/2023
AND FURTHER PLEASED TO DISMISS THE WP No.26302/2023.


           THIS     WRIT      APPEAL,       COMING    ON   FOR    ORDERS,    THIS   DAY,
CHIEF JUSTICE, DELIVERED THE FOLLOWING:

                                           JUDGMENT

This writ appeal by BWSSB1 is directed against the

interim order dated December 19, 2023 in W.P.No.26302/2023

passed by the Hon'ble Single Judge.

2. Heard Shri Monesh Kumar, learned advocate for the

appellant both on delay and merits.

3. Shri Monesh Kumar submitted that W.P.No.26302/2023

has been reserved for orders on 28.03.2023.

Bangalore Water Supply and Sewerage Board

NC: 2024:KHC:4849-DB

4. In substance, BWSSB wants to impose and recover

prorata charges whilst the interim order is in force and

the matter is reserved for orders by the Hon'ble Single Judge.

In our view, this appeal is misconceived and it is accordingly

dismissed. Consequently, I.A.No.1/2024 for condonation

of delay also stands dismissed. In our view, it would be

appropriate for the appellants to move the Hon'ble Single Judge

to release the order.

5. In view of disposal of this appeal, pending interlocutory

applications, if any, do not survive for consideration and they

stand disposed of.

No costs.

Sd/-

CHIEF JUSTICE

Sd/-

JUDGE

AV