The Hyderabad Metropolitan Water ... vs G. Kishan Reddy S/O Late Sri G. ...
2023 Latest Caselaw 3399 Tel

     THE HON'BLE THE CHIEF JUSTICE ALOK ARADHE
                        AND
     THE HON'BLE SRI JUSTICE N.V.SHRAVAN KUMAR

                  WRIT APPEAL No.353 OF 2007

JUDGMENT: (Per the Hon'ble the Chief Justice Alok Aradhe)

       Mr. Andapalli Sanjeev Kumar, learned Special Government

Pleader attached to the office of the learned Additional Advocate

General for the appellant.

       Mr. Siddartha Sarma, learned counsel for respondent No.1.

2.     This intra court appeal is filed by the Hyderabad

Metropolitan Water Supply and Sewerage Board (hereinafter

referred to as 'the Board') against the order dated 18.10.2008

passed by the learned Single Judge by which W.P.No.6463 of 2007

preferred by respondent Nos.1 to 6 herein has been disposed of

with liberty to the appellant to re-formulate its tariff policy for

supply of water. It has further been directed that excess collection

of minimum charges in respect of supply of water, if any, made

from respondent Nos.1 to 6, shall be adjusted in future bills.

3.     Facts

giving rise to filing of this appeal, briefly stated, are

that prior to 2006, the Board used to charge Rs.90/- for the entire ::2::

multi storied building for supply of water treating all the flats in the

multi storied building to be one unit. However, by a resolution

dated 14.12.2006, the Board decided to charge Rs.90/- from each

of the flat owners.

4. The respondents thereupon filed a writ petition before the

learned Single Judge. The learned Single Judge by an order dated

18.10.2008 inter alia held that classification of flats in

multi storied buildings along with individual residential houses and

levy of uniform minimum charges for supply of water is arbitrary

and unreasonable. However, the Board was granted liberty to

re-formulate its tariff policy for supply of water and was directed to

follow the same method as was been followed prior to coming into

force the resolution dated 14.12.2006. It was further directed that

excess collection of minimum charges, if any, made from

respondent Nos.1 to 6, shall be adjusted in future bills. In the

aforesaid factual background, this intra court appeal has been filed.

5. Admittedly, in pursuance of the liberty granted by the

learned Single Judge, the Board has re-formulated its new tariff

policy for supply of water w.e.f., 10.11.2011 under which Rs.115/-

::3::

was being charged in respect of supply of water to each of the flats

treating the same to be an independent dwelling unit. Respondent

Nos.1 to 6 have paid the aforesaid charges without any demur.

Thereafter, on 02.12.2020, the State Government has decided to

supply water free of cost to a citizen who opts for the same. It is

not in dispute that respondent Nos.1 to 6 have opted for free supply

of water.

6. From the aforesaid narration of facts, it is evident that the

issue involved in this appeal has been rendered academic on

account of efflux of time.

7. The writ appeal is accordingly disposed of. There shall be no

order as to costs.

As a sequel, miscellaneous petitions, pending if any, stand

closed.

__________________ ALOK ARADHE, CJ

________________________ N.V.SHRAVAN KUMAR, J Date:30.10.2023 Lrkm