IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF AUGUST 2019 BEFORE THE HON’BLE MR. JUSTICE H. T. NARENDRA PRASAD WRIT PETITION No.29567 OF 2019 (LB-BMP) Between:
Smt. Suguna N.Reddy Aged 65 years W/o. Sri V. Narayana Reddy Residing at No.64/35, 7th Main Road 2nd Block, Jayanagar Bengaluru-560 011 By its GPA Holder, Sri V. Narayana Reddy Aged 69 years, son of Late Venkataramanappa …Petitioner (By Sri.G.R. Mohan, Advocate) And:
1. The Chief Engineer Bruhath Bengaluru Mahanagara Palike N.R. Square Bengaluru-560 001.
2. The Assistant Executive Engineer Hombegowdanagar Sub Division Bruhath Bengaluru Mahanagara Palike Wilsongarden Bengaluru-560 027.
3. Medical Officer Health Bruhath Bengaluru Mahanagara Palike Chickpet Range Bengaluru-560 002. …Respondents (By Sri. K.N. Puttegowda, Advocate for R1 to R3) This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to issue a writ of mandamus or direction to the respondents not to prevent the petitioner from drawing of water from her borewells situate at No.64/35, 7th Main, 2nd Block, Jayanagar, BBMP ward No.153 having valid trade license as per Annx-‘B’ for supplying the same through tankers in and around the city of Bengaluru as the same is in violation of Articles 21 and 19(1) (g) of the Constitution of India and etc.
This Writ Petition coming on for orders this day, the Court made the following:
O R D E R In this writ petition, the petitioner has sought for following relief:
(A) Issue a Writ of mandamus or direction to the respondents not to prevent the Petitioner from drawing of water from her bore wells situate at No.64/35, 7th Main, 2nd Block, Jayanagar BBMP Ward No.153 having valid trade licence bearing No. SO20153746152732034 as per Annexure ‘B’ for supplying the same through tankers in and around the city of Bengaluru as the same is in violation of Articles 21 and 19(1)(g) of the Constitution of India;
(B) Pass such other order or orders as this Hon’ble Court may deem fit in the facts and circumstances of the case in the interest of justice and equity.
2. The case of the petitioner is that the petitioner is having two bore wells situate at No.64/35, 7th Main, 2nd Block, Jayanagar BBMP Ward No.153, the petitioner has obtained necessary trade licence for supplying the water. Inspite of that, the corporation has issued a letter dated 25.04.2019 vide Annexure-‘A’ directing the petitioner to stop the drawing of the water and supplying in the tankers, immediately. Hence, the petitioner is before this Court.
3. Sri G.R.Mohan, learned counsel for the petitioner submits that the petitioner has obtained the trade license as per the provisions of Karnataka Municipal Corporations Act, 1976. The petitioner is legally entitled for supplying the water from the said bore well through tanker.
4. Sri K.N. Puttegowda, learned counsel appearing for respondent Nos. 1 to 3 submits that the petitioner has not produced any documents to the Corporation to establish the same.
5. Heard the learned counsel for the parties.
6. In view of the above, the petitioner is directed to submit representation along with licence copy and other relevant records to respondent Nos. 2 and 3-Corporation within one week from today. If such a representation is given with relevant records, the respondent Nos. 2 and 3 - Corporation is directed to consider the representation of the petitioner and shall pass an appropriate order in accordance with law and communicate the same to the petitioner within four weeks from the date of receipt of the representation. Till then, not to take further steps pursuant to Annexure-‘A’.
With the above said observations, writ petition is disposed of.
Sd/-
JUDGE SSD