B.V.K.Ratnakar Rao v. Hyderabad Metropolitan Water Supply And Sewerage Board
HIGH COURT FOR THE STATE OF TELANGANA (Special Original Jurisdiction) THURSDAY, THE TWENTY SIXTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY PRESENT THE HON'BLE SRI JUSTICE A. ABHISHEK REDDY WR|T PETITION No. 13743 OF 2020 Between:
B.V.K.Ratnakar Rao, S/o.Sri. Nageswara Rao, Aged 65 years, R/o.3-374, Road No.19, Ayyappa Society, Ivladhapur, Hyderabad-500081. PETITIONER AND Hyderabad Metropolitan Water Supply and Sewerage Board, Jalasoudha, Khairatabad, Hyderabad Rep. by its Managing Director The Director - Revenue, HMWS and SB, Jalasoudha Khairatabad, Hyderabad. Chief General Manager, O&tV Circle-lV, HIr/WS and SB, S.R.Nagar, Hyderabad. General Manager, O&M Div.No.'1 5 HMWS and SB, Chandanagar, Hyderabad.
RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ of Mandamus or any other appropriate Writ or Order or Orders, Direction or Directions to declare the action of the Respondents in demanding from the petitioner vide CAN Number 620254585 water charges at 3 times the normal rates basing on Clause - 26(9) of G.O.Ms.No.'168, MA & UD Department dated07.04.2012, with effect from the date of providing the water supply to the petitioner by obtaining undertaking from them as illegal, arbitrary, without jurisdiction and u nconstitutiona I and to restrain the respondents from raising such bills for 3 times water charges and insisting for the payment of same from the petitioners.
lA NO: 1 OF 2020 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondents not to insist the petitioner Vide. CAN Number 620254585 to pay water charges at 3 times the normal rates on the ground of not submitting occupancy certificate from the GHtvlC under G.O.lMs.No.168, IVA & UD Department dated 07.04.2012, pending disposal of the Writ Petition. Counsel for the Petitioner: SRI B. SRAVAN KUMAR Counsel for the Respondents: SRI T.
THE HON'BLE SRI JUSTICE A.ABHISHEK REDDY WRIT PETITION No.13743 of 2O2O ORDER:
Heard the learned counsel for the petitioner and Sri T.Sudhakar Reddy, the learned Standing Counsel for the respondent-Board. The Writ Petition is disposed of at the stage of admission itself.
When the matter is taken up for hearing, the learned counsel for the petitioner has submitted that the issue raised in the present writ petition is squarely covered by the common order, dated 03.11.2O2O, passed by this Court in W.P.Nos.28014 of 2Ol4 & batch.
The above said sul:mission is not disputed by the learned Standing Counsel appearing for the respondents herein. In view of the same and lor the reasons alike in the common order, dated 03.11.2020, passed in W.P.Nos.280i4 of 2O),4 & batch, the present Writ Petition is disposed of, \,!'ithout expressing any opinion on merits with respect to the various issues raised in the writ petition, directing the respondent-Board to consider the case of the petitioner in terms of the Proceedings No.HMWSSB/Revenue/2018-19 1793, dated 07.O1.2019, and pass necessary orders, in accordance with law.
The miscellaneous petitions pending, if any, shall stand closed. There shall be no order as to costs.
SD/.T.KRISHNA KUM ASSISTANT REGI AR //TRUE COPY// SECTIO OFFICER To, L The Managing Director, Hyderabad Metropolitan Water Supply and Sewerage Board, Jalasoudha, Khairatabad, Hyderabad
2. The Director - Revenue, HIMWS and SB, Jalasoudha Khairatabad, Hyderabad' bt)
3. The Chief General lt/anager, O&M Circle-lV, HMWS and SB, S.R.Nagar, Hyderabad.
4. The General Manager, O&tV Div.No.15 HI\/WS and SB, Chandanagar, Hyderabad.
5. One CC to Sri. B. Sravan Kumar, Advocate [OPUC]
6. One CC to Sri. T. Sudhakar Reddy, (SC for HMWSSB) Advocate IOPUC] (annexa copyof Orderdated: 03/'1 1l202Oin WP. No.28014o1 2014 & batch)
7. Two CD Copies PrkJ '
'q
HIGH COURT DATED:2611112o2o
ORDER
WP.No.13743 of 2020 t4 ( o 0s2m r0 7 * Disposing of the WP.
at the stage of admission without costs.
t/
THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No.28O14 of 2014 WRIT PETITION Nos.609 and 7t29 of 2O15 WRIT PETITION Nos.14163 and 28975 of 2015 WRIT PETITION Nos.36931 and 37014 oI 2OL7 WRIT PETITION Nos.4648, 24226 and 46363 of 2018 WRIT PETITION Nos.1384, 1539, 3637, 3642,7916, L2287, L7297, t9837, 2L233, 23L74, 26262t 26514, 2823L, 2a962 and 29204 of 2019 WRIT PETITION Nos.1O7, 585, 630, L2AA, 2290, 4386, 43a7, 4388, 4395, 44L8, 4546, 4552, 457L, 4573, 4574,4580, 4599, 46L4, 4641, 4642, 4648, 4719, 4749, 4758, 4769, 4779, 4798, 4801, 4AO4, 4a27, 4975, 4976, 49aO, 4982, 4986,5084, 5102, 5103, 5141, 5938, 6036, 6(J46,7970,8350, 8365, 8440, A596, A643, A972,8975, 9031, 9063, LO6t7, 10619, 10621, 10635, 10657, 10698, 10699, 1O718, LO94t, LtO76, 11305, 11495, 11516, 11543, Lt545, LL6O4, 11663, 11655, LL666, Lt749, LL77t, LL773, 11774, Lt77S, LL776, tt778, 11783, 11785, 1L793, LL79a, LL822, Lt893, 11899, 11900, 11901, 11905, 11936, 12002, L2467, L2472, 12579, L2664 and 12817 of 2020 COMMON ORDER:
Heard Sri Vedula Srinivas, learned counsel for the petitioners; and Sri J. Ramachandra Rao, learned Additional Advocate General assisted by the learned Standing Counsel Sri T. Sudhakar Reddy for Hyderabad Metropolitan Water Supply and Sewerage Board (HMWSSB), for the respondents. It is a case where challenge is made to the charging of three times tariFf in place of normal tariff, by relying on Rule 21(v) of G.O.Ms.No.B6 dated 03.03.2006, and Rule 26(g) of G.O.Ms.No.168 dated 07.O4.2012, for water supply for the petitioners who have failed to submit Occupancy Certificate. It may be noted that vide G.O.Ms.No.86 dated 03.03.2006, the Rules under the name and style of Hyderabad Building rules came into effect. It may also be further noted that in none of the writ petitions there is any challenge to the G.o.tvls.No,86 dated 03.03.
2006, or to the subsequent G.O.Ms.No.168 dated 07.04.2072.
,) wp_28014_2014 & ba\ CKR, ) submission of Occupancy Certificate, the water charges shall be levied three times of normal cha rges.
Though it was initially contended by the learned counsel for the petitioners that levy of three times of normal charges is unauthorised, when the matter of taken up for hearing, learned counsel for the petitioners had placed on record the proceedings of HMWSSB vide Proceedings No. HMWSSB/Revenue/2018- 79 /793 dated 07.01.2019, and contended that in the said proceedings dated 07.01,2019, a Policy decision has been taken by the HMWSSB and the said decision would squarely apply to the petitioners in W.P.No.2B014 of 2014, W.P.No.7129 of 2075 and W.P.No.46363 of 2018.
Learned Standing Counsel Sri T. Sudhakar Reddy, after obtaining instructions from the HMWSSB, filed a Memo dated 22.09.2020 before this Court enclosing the proceedings of HMWSSB vide Lr.No.
HMWSSB/D|r(Rev)/2020-27/2253 dated 21.09.2020, and stating that the HMWSSB stands by its proceedings dated 07.01.2019 and willing to implement the same; and the said decision communicated under Proceedings dated 07.01.2019 would apply to all cases who are eligible. When queried, Sri Vedula Srinivas, learned counsel would submit that he would be satisfied if the cases of petitioners are considered in terms oF HMWSSB decision vide Proceedings dated 07.07.2079. The lead arguments which were advanced by Sri Vedula Srinivas, learned counsel for the petitioners, and the decision of HMWSSB which the learned Standing Counsel had communicated by way of Memo dated 22.09.2020 before this Court, were adopted by other learned counsels Sri Muddana Koteswara Rao, Sri Sravan Kumar and other counsels appearing for the petitioners in their respective writ petitions, and have prayed for
wp_28014_2014 & batch CKR, J disposal of the writ petitions with a direction to the respondents to consider the cases of petitioners in terms of Proceedings of HMWSSB dated 07.01.2019 for which prayer there was no objection from the respondents counsels.
Accordingly, the writ petitions are disposed of without expressing any opinion on merits with respect to various issues raised in the writ petitions, with a direction to the respondent-H MWSSB to consider the case of the petitioners in terms of the Proceedings No.HMWSSB/Revenue /2Ot8-19/793 dated 07.01.2019. No costs. Miscellaneous petitions, if any pending, shall stand closed.
CHALLA KODANDA RAM,.'
03'd November, 2O2O ksm