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Judgment
The petitioner is before this Court seeking for the following reliefs:
a. Issue a writ of Certiorari or any other writ, by quashing the impugned letter dated 14.10.2024 bearing No.BWSSB AE-5/No.1087/2024-25 issued vide Annexure-M by Respondent No.2.
b. Issue writ of mandamus or any other appropriate writ or direction directing the Respondents No.1 and 2 to take necessary action for restoring the water connection to the 1st floor portion of the schedule property or in the alternative, direct the Respondents No.1 and 2 to provide temporary connection to the 1st floor premises of the schedule property by installing separate meter to the existing water connection issued by the BWSSB. c. Issue any other appropriate writ or direction as this Hon'ble Court deems fit to grant under the circumstances of the case.
d. And this Writ Petition may be allowed with cost, in the interest of justice and equity.
The Petitioner and respondent No.3 are brothers.
Respondent No.3 claims that the property bearing House No.371, EWS 5th Block, 12th Cross has been gifted by the father to respondent No.3 and as such respondent No.3 is the exclusive and complete owner of the said property.
The petitioner being the elder brother claims that he is in possession and occupation of the first floor and there is a suit in OS No.1052 of 2022 which has been filed by the petitioner for partition, wherein the gift deed has been challenged.
An earlier water connection has been issued by the BWSSB in the name of Karnataka Housing Board who had developed the layout. Respondent No.3 is now making use of the said connection without providing water to the petitioner requiring the petitioner to store water in drums and use the same, as regards which photographs have been produced at Annexure-H.
Water, electricity and the like are basic amenities which are required and form part of a fundamental right to life under Article 21 of the Constitution of India. Merely because two brothers are fighting among themselves as regards property, the BWSSB cannot deny a water connection to the petitioner. Of course, any such water connection which is provided to the petitioner will be subject to the rules applicable thereto and the payments required to be made by the petitioner as also will be subject to the result of the suit which is pending between the parties.
No litigant can try to use the pendency of the litigation to deprive another of the right to water, electricity etc., as indicated supra which comes within the purview of Article 21 of the Constitution of India. In that view of the matter, this Court passes the following;
ORDER
The writ petition is allowed.
A certiorari is issued, the letter dated 14.10.2024 issued by the BWSSB at Annexure-M is hereby quashed.
BWSSB is directed to issue a fresh connection to the property of the petitioner on the first floor with a separate meter by following a due process.
If the petitioner makes an application in the prescribed format in relation thereto and makes payment of the applicable amounts within 15 days of such application being submitted and the payments being made.
It is made clear that the BWSSB shall not insist upon production of any property documents, documents relating to ownership of the property and/or revenue documents pertaining thereto, including Khata, for the purpose of providing such connection, having regard to the peculiar circumstances of the matter.