CATHOLIC UNION CLUB Vs. MANGALORE CITY MUNICIPALITY

JUDGEMENT

(1.) The petitioners in W.P.Nos. 5169/75 and 11743/76 challenging the water rate levied and the petitioner in C.R.P. No.534/77 is challenging validity of the demand of water charges made by the respondent Mangalore Municipality. The real question raised in these petitions only relates to the power of the City Municipal Council to levy and collect water charges, in addition to the water rate levied by way of property tax under Section 94(1)(viii) of the Karnataka Municipalities Act, 1964 (Karnataka Act No.22 of 1964) - (called shortly 'the Karataka Act').

(2.) This question has already been determined and answered in favour of the Municipality by one of us (Jagannatha Setty.J.) in THE CITY MUNICIPAL COUNCIL, MANGALORE v. THE SESSIONS JUDGE OF SOUTH KANARA & OTHERS (W.P.No.3163/70 - D.D. November 15, 1973). This decision has been affirmed by Division Bench (G.K.Gov- inda Bhat, CJ.,& M.K. Srinivasa lyengar, J) in W.A.No.69 of 1974 - D.D. February 5, 1974. After these decisions, a Full Bench of this Court in KASTURIRANGA IYENGAR v. TOWN MUNICIPAL COUNCIL, HASSAN [1975(2) Kar.L.J.333] has laid down that it is not competent for the Municipal Council to levy water rate and also charges for water supplied on any individual or individuals under the provisions of the Karnataka Act. The Full Bench has also observed that for water supplied by a Municipal Council, it is competent for the Municipal Council under Section 94(1)(viii) of the Karnataka Act to levy water rate or water rates in the form of tax assessed on buildings and lands, or to levy charges for supply of water to individual according to the quantity used or according to the terms agreed upon.

(3.) It is contended for the petitioners, that the decision of this Court in W.P.No.3163/1970 affirmed in W.A.No.69/1974 is no longer good law and must be held to have been impliedly overruled by the Full Bench decision in Kas- turiranga lyengar's case and therefore the City Municipal Council of Mangalore has no jurisdiction to collect charges for supply of water in addition to the water rate or vice versa.