High Court Karnataka High Court

Sri C Mohammed Saleh S/O Souh vs The State Of Karnataka Rep By Its … on 13 October, 2008

Karnataka High Court
Sri C Mohammed Saleh S/O Souh vs The State Of Karnataka Rep By Its … on 13 October, 2008
Author: B.S.Patil
or D 

WP 17202/20%
I

IN THE HIGH COURT OF KARNATAKA AT HANGMERE
DATED THIS THE 13"' DAY OF OCTOBER, 2008
BEFORE

THE HON'BLE MRJUSTICE B.S.PA'l'IL

BETWEEN:
SR! C.MOHAMMED SALEH,

s/0 SALEH,

AGED ABOUT 50 YEARS,

R/O No.40, BAZAR S'I'REET,      
VANNARPET, BANGALORE-7.    

{BY sax }3ALARAJ.A.C., A13v.),. .
AND: " A'

1. THE S'1'A'I'E 01? KA12NATA;=;A;- . if '
REPRESENTED_13'S§_IT_S I . 

SECRE'I?:R¥ fz5fbj.é<5'\i§:RN'r5jEatT,«' ' 
DEPAR's1'MEN'I'  UR'BAI'»'. DEVELOPMENT,
M.S.BUILDING,VBANf:C?-ALOVRE:I; '

2. THE CHAIRMANCUM  
COMM_ISSION'ER;   
Bwssa; C-.AUVERY_Bi-IAVAN,

 K.G.,'F€{)AI3, §3ANGAi;OR.?:~}.

 THE CHEER ENGINEER,
' -BWT'$SB,_CAU'i?ERY.~13HAVAN,
K;{3.ROA{)', BAN~;3A;.oRs~1.

V " =s_. THE"a,ss1S?rA;s%r EXECUTIVE

x_VENGINEER;, BWSSB,

  VLVULSQOR;-BANGALORE. ..RESPONDEN'I'S

'  «SR1. :éi1RUsHo'rHAM.G. FOR K.'I'.MOHAN, ADV. FOR R-2 TO R-4;

--   SARQENI MUTHANNA, AGA FOR R~1}

wan' 1-M1110; goaugzfl gag-aways;    _



WP W202/2006
2

THIS PETITION IS FILED UNDER AI?I'ICLI3S 226 85 22? OF
THE CONS'I'I'I'UTION OF INDIA PRAYING T0 DIRECT THE R2 TO R4
TO CONSIDER THE REPRESENTATIONS SUBMITTED BY THE
PE"I'I'I'IONEl? DT. 30.11.2004, 10.65.2005 AND 28.1.2006 VIDE

ANI'«¥EX.D, G 85 H AND TO PASS ORDERS FORTHWITH, 85 ETC.

THIS PETITION comma ON ma HEARING, THIS pAfY_,°THE
coum MADE THE FOLLOWING:  *    

ORDER

1. Pelitioner is before this Haj” tr; I I

respondents 2 to 4 to consider his Iepigsefitaiiorfis st1’Ii$111:ii:£e:d.V’6n

30.1 1.2004, 10.06.2005 and 28.c3V_1′;–2Q06″vi4:fé G as ‘

H and pass appropriate o1_ders __In {he §;Ite1fI:3iafive, he
has sought for setting asV.i:i.0I’t1A1£~;i_b:§ivvD’.dat¢*I”‘fl3.06.2OO6 issued
vide Annexune-J calffifig of Rs.14,423/-

towatds    the interest accrued
thereon. I

2. Th: ..0f*thI=: is that he is the owner of the

” No.41 situated at Bazaar Street,

which has hem: given water connection

by. uit:3f>+;.§IrIdent with a meter installed having RR

N0. 17258, petitioner had earlier leascd the premises for

V’ riéstaurant. The premises was get vmted in the year

was kept vacant. The 4″! respondent disconnected

” iivatcr supply during 1993. Pcizitisoner claims to have made a

E

WP 17202/2006
4

nequesting the authorities to restore the water supply to the

premises. The nepmsentafion submitted on 10.06.2C1£T5;’S. is

produced at Annexuxe-G. As no steps were

respondents on the zepxcsentation _

renewed his request by makring fiuthef

of considering the nzpxesentation, thé a1:1.thoIiti£::s’_~A

more bill on 03.06.2006 demandi11.;fi:”‘Rs.l£;l~,423i.– of VV

water charges akmg with Aggtievéfi by the
aameand aggr1cv’ ed by the gifvgepmscntafions

submitted, the I

4. .p-etitioner submits that without

oonsiier1n.g’ 1u=4:1’13,’£-:s3Vt”‘i::V;1a:sL¥’:»€-§*–1:’3’3′.*V.’the petitioner for changm g the

_supply” gjf water for non-domzzstic purpose to that of

without afibniing any opportunity to the

‘V have gone on issuing bills claiming

‘ chargéfi, of water supply. He further submits

” AA of thc repeated n3p:t’ese1_1tatins made by the

A it was incumbent upon. the authorities panic” ulaxly

“”:§:$p{§ndcnts 3 as 4_ to consider the xepxesentatzéon and pass

‘ ‘ ” ~..éLppmpriate orders.

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WP 17202122006
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7. It is not in dispute that the petitioner has made several
Iepnesentations requesting for conversion of the nature of water

supply from commercial to domestic use. There is no’o’.order

placed on record by the respondents disclosing of

the request and ordering for conversion of the use _& V’

commercial to domestic purpose.

respondents is that during Wfs;_$ei~

conducted by the Executive ‘V

to pay the arrears on instai1t;;entst’sr1<i:'t?JQePefom: rebate

in a sum of Rs. 1,848/-, amount in

installznerits. ._ is drawn to Annextzre-E.

Perusal of a Bose that any such decision

was talte-n" the of Water Adalath conducted, to which

If any such decision was taken, it

evidenced by a pI1oceedxng' drawn in this

I€gaI¥ZAi;'-«.__ II1V__vtim:.?si1A)tse:1ce of the same, it is dificult to hold that

" had accepted the arrears payable and agreed to

VA the in installments. Be that as it may, in a matter like

the petitioner has made repeated replesentations

i:equesti11g the authorities to convert the use of Water from non-

domestic to domestic purpose and to xestore the Water supply, it

was necessaxy for the authorities to consfler the request and

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WP 17203212006

pass appmpriatc orders. Without considering the
representation, the petitioner is issued with the hill A11ncx11_I__e«~J,

which aazcording to the respondents rcflccted the

payable by the petiiioner and the interest accrued *

period for which the arrears is c1a;'med_am1_whether " "

is claimed' tI'6at1ng' the water supply félf d;i_:imf:s&_ nr

domestic use is also not forthoomiz_1'g–,_ In such it –. "

is just and necessary to direct msfiénnents toficonshier
the zepzesentation submittsgi and take a
decision in the matter by after giving

dun

8. Hence,’ of in the above terms.

The bilyiséiucd is set aside. It is made clear

for the respondents to issue a fresh bill

to be passed in terms stated above.

Sd/-*
Judge