IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF MARCH, 2017 BEFORE THE HON’BLE MR. JUSTICE A.S. BOPANNA WRIT PETITION No.47261 OF 2015 (GM-BWSSB) BETWEEN Sri. M. Babu, S/o Late Muniyappa, Aged about 53 years, Residing at No.1, Sunrise Colony, 5th Cross, Cholanayakanahalli, R.T. Nagar Post, Bengaluru – 560 032.
(By Sri N.K. Ramesh, Advocate) AND 1. The State of Karnataka, Represented by its Principal Secretary, Department of Housing & Urban Development, Vikasa Soudha, Bengaluru – 560 001.
…Petitioner 2. Bengaluru Water Supply & Sewerage Board, Cauvery Bhavan, K.G. Road, Bengaluru – 560 009, By its Chairman.
3. The Assistant Executive Engineer, Water Supply & Sanitary Sub-Dn (N-E)3, 3rd Cross, P & T Colony, R.T. Nagar, Bengaluru – 560 032.
…Respondents (Sri. Lakshminarayana, AGA for Respondent No.1; Sri. M.H. Motiqi., Advocate for Respondent Nos.2 & 3) This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to quash the impugned bill vide Annexure-H dated 09.10.2015 for an amount of Rs.2,13,480/- (Rupees Two lakhs Thirteen thousand Four hundred and Eighty only) issued in respect of the water connection vide meter bearing R.R. No.335916 installed to the premises belonging to the petitioner by respondent No.2 and 3 and etc., This Writ Petition coming on for Preliminary Hearing in ‘B’ group, this day the Court made the following:
ORDER The learned Government Advocate to accept notice for respondent No.1 and file memo for appearance in four weeks.
2. The petitioner is before this Court assailing the Bill dated 09.10.2015 seeking payment of Rs.2,13,480/- (Rupees Two lakhs Thirteen thousand Four hundred and Eighty only) issued in respect of the water connection vide meter bearing R.R. No.335916 installed in the residential premises belonging to the petitioner. The petitioner in that light is seeking issue of writ of mandamus to direct respondent Nos.2 and 3 to properly quantify the charges and issue water bills as per the consumption actually made by the petitioner.
3. The petitioner is claiming to be the owner of residential property bearing khatha No.83/3 situated at Shambulingeshwara Road, Cholanayakanahahalli, Bengaluru. The petitioner has secured the water connection from respondents No.2 and 3 by paying the installation charges, for domestic purpose and respondent Nos. 2 and 3 in that regard on approving the connection have installed the meter bearing No.335916/72-200 on 17.11.2006. Initially, the petitioner though received the bill for the normal consumption, the bills issued thereafter were exorbitant. As such the petitioner has sought for issue of bill details, but the same has not been furnished to the petitioner. The respondents No.2 and 3, thereafter, issued the bill requiring the petitioner to pay a sum of Rs.1,37,216/- (Rupees one lakh thirty seven thousand two hundred and sixteen only), through the bill dated 24.09.2012.
4. The grievance of the petitioner is that such bill as demanded is not justified and further the bill dated 24.03.2013 demanding payment of further sum of Rs.1,54,536/- is also not justified. The petitioner claims that the consumption of water is for residential purpose and as such the bill of the present nature is not justified. The respondent Nos.2 and 3 through their reply dated 14.11.2013 at Annexure-E have indicated that the amount mentioned in the bill is in accordance with the consumption revealed from the meter reading and the said amount cannot be waived.
5. The grievance as put forth by the petitioner is not for seeking waiver of the amount demanded, but the dispute being put forth is with regard to the very manner in which the bills have been raised for payment despite the petitioner not having consumed the quantity of water beyond the need for domestic purpose. Therefore, the nature of consideration as made by respondent Nos.2 and 3 is not justified. Hence, an appropriate direction is necessary to be issued to the respondents herein.
6. Accordingly, an appropriate direction is issued to respondents No.2 and 3 to examine the meter and quantify the amount by passing a fresh order providing reasons thereof. Hence, to that extent, it is directed that notwithstanding the earlier replies issued by respondents No.2 and 3, the grievance of the petitioner be examined in the manner as indicated above.
7. To enable the same, the petitioner shall make representation to respondent No.3, put forth the grievance and also furnish the documents available in that regard. On such representation being received, the respondent No.3 shall arrange for the spot inspection to examine the meter installed at the house of the petitioner and the nature of the consumption that has been made by the petitioner so as to assess the quantity of the water that would be normally consumed in such circumstance. In that background, respondent No.3 shall take note of the bills that were issued earlier to the period of disputed demand, so also the monthly consumption charges levied subsequent thereto and thereafter take a decision in the matter in accordance with law. Such decision shall be taken in an expeditious manner and until such decision is taken, the disputed arrears of amount shall not be recovered except for collecting the monthly consumption charges till such examination is made by respondent Nos.2 and 3.
8. The amount in deposit before the Court pursuant to the interim order is permitted to be withdrawn by respondents Nos.2 and 3 and be retained with them for the purpose of adjusting the same either to the amount to be determined or for the future consumption charges.
In terms of above, the petition stands disposed of.
Sd/- JUDGE DL