- 1 - NC: 2025:KHC-K:1969 WP No. 201432 of 2024 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 26TH DAY OF MARCH, 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA WRIT PETITION NO.201432 OF 2024 (LB-RES) BETWEEN: M/S HELPLINE INDUSTRIES, PLOT NO. R-29, KSSIDC, INDUSTRIAL ESTATE, II PHASE, KAPNOOR, KALABURAGI – 585 104. REPRESENTED BY THE PROPRIETOR, SHAIK SULEMAN S/O ABDUL KAREEM PATEL, AGE:62 YEARS, OCC: PROPRIETOR, R/O.H.NO.11/1041/34/2CB, MSK MILL ROAD, IKBAL COLONY, SUBRIN MASJID, KALABURAGI. …PETITIONER (BY SRI. S.S HALALLI, ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER, KALABURAGI, DISTRICT KALABURAGI – 585 102. 2. THE PROJECT DIRECTOR, DISTRICT URBAN DEVELOPMENT CELL, MINI VIDHAN SOUDHA, KALABURAGI, Digitally signed by VARSHA N RASALKAR Location: High Court Of Karnataka - 2 - NC: 2025:KHC-K:1969 WP No. 201432 of 2024 DIST: KALABURAGI – 585 101. 3. THE CHIEF OFFICER, TOWN MUNICIPAL COUNCIL, AFZALPUR, TQ: AFZALPUR, DIST: KALABURAGI – 585 301. …RESPONDENTS (BY SRI. MAQBOOL AHMED – AGA, FOR R1 & R2; SRI. B.V. JALDE, ADVOCATE FOR R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER IN THE LIKE NATURE DIRECTING THE RESPONDENT TMC AFZALPUR TO PAY THE TOTAL BILL OF RS.4,99,085/- WITH 18 PERCENT INTEREST FROM 13-10-2021 VIDE ANNEXURE-P, Q AND R, IN THE INTEREST OF JUSTICE AND EQUITY AND TO PASS ANY OTHER ORDER AS THIS HONOURABLE COURT DEEMS FIT UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA ORAL ORDER (PER: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA) Heard Sri S.S.Halalli, learned counsel for writ petitioner as well as Sri B.V.Jalde, learned standing counsel for Town Municipal Council, Afzalpur i.e., respondent No.3. Also heard - 3 - NC: 2025:KHC-K:1969 WP No. 201432 of 2024 Sri Maqbool Ahmed, learned Additional Government Advocate who represents respondent Nos.1 and 2. 2. This writ petition is filed seeking the Court to issue a writ of mandamus directing the third respondent to pay the outstanding due of `4,99,085/- with interest. 3. Learned counsel for the petitioner Sri S.S.Halalli submits that third respondent issued short term tender notification on 22.07.2021 for supply of PPE kits, food grains and other equipment. As the petitioner’s quotation was lowest among all the quotations submitted, work order was issued. 4. Further on 03.08.2021 work order was issued for supply of iron spades and other materials. His tender was finalized and he submitted the material. However, the two bills submitted were not honoured till now. The total amount which the petitioner is yet to receive a sum of `4,99,085/-. Since 2021 the petitioner is requesting for payment, but he did not receive even a single rupee till now and therefore, he is constrained to file the present writ petition. 5. Learned standing counsel representing respondent No.3 submits that no funds are available with respondent No.3 - 4 - NC: 2025:KHC-K:1969 WP No. 201432 of 2024 and respondent No.3 will pay the amount as and when he receives the money. 6. Having invited the tenders, received material, respondent No.3 now cannot take a stand that due to non- availability of funds, he is unable to pay the amount due. What steps respondent No.3 took for getting the amount sanctioned from the Government is not known. No material is produced. It is not the case where the delay is a day or two or a month of two. Since 2021 the petitioner is waiting for the legitimate relief i.e., the amount which he is entitled to receive. Therefore, this Court is of the view that respondents are required to be directed to pay the amount which is due to the petitioner immediately. Thus, the writ petition is disposed off with the following order : i) Respondent No.3 is directed to pay a sum of `4,99,085/- to the petitioner within a period of eight weeks from the date of receipt of copy of this order. ii) On failure to make such a payment within the time granted, respondent No.3 would be at - 5 - NC: 2025:KHC-K:1969 WP No. 201432 of 2024 liability to pay the same along with interest at the rate of 18% per annum from 13.10.2021 till the date of deposit. Sd/- (Dr.CHILLAKUR SUMALATHA) JUDGE SN List No.: 1 Sl No.: 70 CT : NI