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WP 17202/20%
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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$111:ii:£e:d.V’6n
30.1 1.2004, 10.06.2005 and 28.c3V_1′;–2Q06″vi4:fé G as ‘
H and pass appropriate o1_ders __In {he §;Ite1fI:3iafive, he
has sought for setting asV.i:i.0I’t1A1£~;i_b:§ivvD’.dat¢*I”‘fl3.06.2OO6 issued
vide Annexune-J calffifig of Rs.14,423/-
towatds the interest accrued thereon. I
2. Th: ..0f*thI=: is that he is the owner of the
” No.41 situated at Bazaar Street,
which has hem: given water connection
by. uit:3f>+;.§IrIdent with a meter installed having RR
N0. 17258, petitioner had earlier leascd the premises for
V’ riéstaurant. The premises was get vmted in the year
was kept vacant. The 4″! respondent disconnected
” iivatcr supply during 1993. Pcizitisoner claims to have made a
E
WP 17202/2006
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nequesting the authorities to restore the water supply to the
premises. The nepmsentafion submitted on 10.06.2C1£T5;’S. is
produced at Annexuxe-G. As no steps were
respondents on the zepxcsentation _
renewed his request by makring fiuthef
of considering the nzpxesentation, thé a1:1.thoIiti£::s’_~A
more bill on 03.06.2006 demandi11.;fi:”‘Rs.l£;l~,423i.– of VV
water charges akmg with Aggtievéfi by the
aameand aggr1cv’ ed by the gifvgepmscntafions
submitted, the I
4. .p-etitioner submits that without
oonsiier1n.g’ 1u=4:1’13,’£-:s3Vt”‘i::V;1a:sL¥’:»€-§*–1:’3’3′.*V.’the petitioner for changm g the
_supply” gjf water for non-domzzstic purpose to that of
without afibniing any opportunity to the
‘V have gone on issuing bills claiming
‘ chargéfi, of water supply. He further submits
” AA of thc repeated n3p:t’ese1_1tatins made by the
A it was incumbent upon. the authorities panic” ulaxly
“”:§:$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