NANDI SUNSHINE RESIDENTS WELFARE ASSOCIATION Vs. STATE OF KARNATAKA, URBAN DEVELOPMENT DEPARTMENT, KARNATAKA GOVERNMENT SECRETARIAT AND ORS.

JUDGEMENT

(1.) These writ petitions are filed by the petitioner seeking writ of certiorari to quash the impugned demand notice dated 23.07.2016 in No.BWSSB/EIC/ACE(M)-III/DCE(M)- I/TA(M)-III/4683 as per Annexure - M issued by respondent No.3 demanding the petitioner to pay the pro-rata charges at revised/enhanced rate of Rs.19,35,106/- along with GBW ASP/BCC charges of Rs.5,49,172/- and seeking writ of mandamus directing respondent No.3 to provide water and sanitary connection to the row houses of the members of the petitioner association bearing Katha No.315, Converted Survey No.45, 46 and 46, situated at 4th Cross, Reddy Colony, Yemalur Village, Bengaluru, by collecting pro-rata charges at the old/prevailing rates at Rs.9,96,618/- along with GBW ASP/BCC charges of Rs.5,49,172/-.

(2.) It is the case of the petitioner that the petitioner is a registered residents of welfare association duly registered under the Karnataka Societies Registration Act, 1960 and constituted by the owners of the row houses consisting of the ground floor and first floor located on the land bearing Sy. No.45, 46 and 46, Katha No.315, 4th Cross, Reddy Colony, Yemalur Village, Bengaluru way back in the year 2009. The builder/contractor, who developed and built the row houses on the land in question has made a representation on 23.07.2009 itself by remitting a sum of Rs.6,40,000/- seeking water supply and sanitary connection to the row houses of the members of the petitioner association. Despite the said payment, no action was taken and the file was not at all moved in the office of the respondent Nos.2 to 5 herein. Due to the delay and laches on the part of respondent Nos.2 to 5 herein, the petitioner has been penalized by respondent Nos.3 to 4 demanding payment pro-rata charges at revised rates as per Annexure - M that is Rs.19,35,106/- instead of Rs.9,96,618/-. Therefore, the petitioner is before this Court for the relief sought for.

(3.) I have heard the learned counsel for the parties to the lis.