- 1 - HC-KAR NC: 2025:KHC:22035 WP No. 8587 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 8587 OF 2024 (LB-RES) BETWEEN: SRI. A. VISHWANATH SHETTY AGED ABOUT 79 YEARS, S/O LATE U. KUNHANNA SHETTY, P.W.D. CONTRACTOR (ROAD), ADYUR GUTHU HOUSE, ADYAR KATTE, ADYAR POST, MANGALURU, KANNUR, DAKSHINA KANNADA, KARNATAKA-575 009. …PETITIONER (BY SRI. Y .RAJENDRA PRASAD SHETTY, ADVOCATE) AND: THE COMMISSIONER MUNICIPALITY ULLAL, ULLAL, MANGALURU, D.K.-575 020. …RESPONDENT (BY SRI. KESHAVA BHAT, ADVOCATE) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO (I) DIRECTING TO THE RESPONDENT TO CONSIDER THE REPRESENTATIONS/LETTER DATED 23.07.2020 (2 IN NUBMERS) I.E. ANNEXURE-A AND B AND REPRESENTATIONS/LETTER DATED 17.03.2023 AND 27.07.2023 (2 IN NUMBERS) .E. ANNEXURE-A, B, C AND D BY Digitally signed by NAGARAJA B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:22035 WP No. 8587 of 2024 FIXING THE TIME LIMIT; (II) DIRECTING THE RESPONDENT TO PAY THE DUE AMOUNT TO THE PETITIONER. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER The petitioner has filed the captioned petition seeking directions against the respondent to consider petitioner's representation dated 23.07.2020 as per Annexures-"A and B" and the representation/letter dated 17.03.2023 and 27.07.2023 as per Annexures-A, B, C and D and pass appropriate orders. 2. Heard the learned counsel appearing for petitioner and learned counsel appearing for respondent. 3. The petitioner is a registered PWD contractor engaged in executing road development works within the jurisdiction of the Town Municipal Council, Ullal. The petitioner asserts that he was the successful bidder in response to the tenders floated by the respondent, - 3 - HC-KAR NC: 2025:KHC:22035 WP No. 8587 of 2024 pursuant to which the respondent awarded road work contracts under two work orders, one dated 04.06.2016 for a sum of Rs.9,50,000/- and another dated 29.09.2018 for a sum of Rs.1,50,000/-. In compliance with the terms of the said work orders, the petitioner undertook and completed the assigned work to the satisfaction of the authorities, and the road work was duly executed and completed. However, despite repeated requests and multiple representations submitted by the petitioner seeking release of the payment, the respondent has failed to take any action towards settlement of the pending bills. The continued inaction on the part of the respondent in discharging its financial obligation has compelled the petitioner to approach this Court. 4. The petitioner has filed a memo along with a copy of the letter dated 23.08.2021. A perusal of the same clearly indicates that the respondent has not disputed the execution and completion of the contractual work undertaken by the petitioner. In fact, the concluding - 4 - HC-KAR NC: 2025:KHC:22035 WP No. 8587 of 2024 portion of page No. 2 of the said document reveals an express acknowledgment by the respondent regarding the pending bills of the petitioner. The respondent has merely stated that due to financial constraints, the payments would be released in instalments. This unequivocal acknowledgment of liability by a statutory authority further strengthens the petitioner's claim for settlement of the dues. 5. Despite repeated representations submitted by the petitioner since 2020, there has been no response or action from the respondent. The petitioner, having completed the work as per the terms of the work orders dated 04.06.2016 and 29.09.2018, is legally entitled to receive the contract amount. A statutory body such as the respondent Municipality, which has accepted the work and is benefitting from the same, cannot indefinitely withhold payment on the pretext of financial difficulties. Once the work is completed and liability is acknowledged, the respondent is duty-bound under law to honour its - 5 - HC-KAR NC: 2025:KHC:22035 WP No. 8587 of 2024 contractual obligations and process the pending bills without unreasonable delay. The continued inaction on the part of the respondent amounts to arbitrary and unjust denial of the petitioner's legitimate dues. In the considered view of this Court, this is a fit case where a writ of mandamus is warranted to compel the respondent to consider and dispose of the petitioner’s representations in accordance with law within a stipulated timeframe. 6. For the foregoing reason, this Court proceeds to pass the following:- ORDER (i) Writ petition is allowed. (ii) Respondent/corporation is hereby directed to consider the representations in the light of the letter dated 23.08.2021 bearing No.Unasa(6)CR/146/2021-22 issued by respondent to the Enquiry Officer, No.2, Karnataka Lokayuktha, Bengaluru, and pass appropriate orders. - 6 - HC-KAR NC: 2025:KHC:22035 WP No. 8587 of 2024 (iii) This exercise shall be accomplished within a period of 8 weeks from the date of receipt of certified copy of this order. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE ALB, List No.: 1 Sl No.: 5