The Chairman vs State Of Karnataka
2024 Latest Caselaw 3585 Kant

Karnataka High Court

The Chairman vs State Of Karnataka on 6 February, 2024

Author: P.S. Dinesh Kumar

Bench: P.S. Dinesh Kumar

                                                     -1-
                                                              NC: 2024:KHC:4958-DB
                                                                  WA No. 131 of 2024




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                            DATED THIS THE 6TH 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. 131 OF 2024 (GM-BWSSB)


                   BETWEEN:

                   1.     THE CHAIRMAN
                          BWSSB
                          CAUVERY BHAVAN, K.G.ROAD
                          BENGALURU-560 009

                   2.     BENGALURU WATER SUPPLY AND
                          SEWERAGE BOARD
                          REP. BY ITS CAO CUM SECRETARY
                          II FLOOR, CAUVERY BHAVAN
                          K.G.ROAD, BENGALURU-560 009

                   3.     THE CHIEF ENGINEER
                          BWSSB (EAST), 6TH FLOOR
                          CAUVERY BHAVAN
Digitally signed          K.G.ROAD
by ANUSHA V               BENGALURU-560 009                              ...APPELLANTS
Location: High
Court of
Karnataka          (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:4958-DB
                                                                    WA No. 131 of 2024




2.        M/S. KRISHNA E CAPUS PVT. LTD
          (A COMPANY INCORPORATED UNDER
          THE COMPANIES ACT, 1956
          HAVING ITS REGISTERED OFFICE
          AT NO.147, SECTOR V, HSR LAYOUT
          BENGALURU-560 034
          REP. BY DIRECTOR RAMESH
          BULCHANDANI                                                    ...RESPONDENTS

    (BY SMT. NILOUFER AKBAR, AGA FOR R1)

           THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA
HIGH COURT ACT PRAYING TO CALL FOR RECORDS IN W.P. NO.1607/2023
AND        VACATE       THE     INTERIM         ORDER   DATED    06.02.2023       PASSED    IN
WP       NO.1607/2023          AND      BE      FURTHER      PLEASED    TO    DISMISS      THE
WP NO.1607/2023 AND ETC.


           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 February 06, 2023 in W.P.No.1607/2023

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.1607/2023

has been reserved for orders.

4. In substance, BWSSB wants to impose and recover

prorata charges whilst the interim order is in force and

Bangalore Water Supply and Sewerage Board

NC: 2024:KHC:4958-DB

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