- 1 - HC-KAR NC: 2025:KHC:20496 WP No. 23899 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO.23899 OF 2023 (LB-RES) BETWEEN: M/S.SURYA ENTERPRISES SURYA NILAYA NIMISHAMBA TEMPLE ROAD GANJAM SRIRANGAPTANA TOWN MANDYA DISTRICT - 571438 REPRESENTED BY ITS PROPRIETOR GANJAM SHIVU S/O LATE SRINIVASAIAH AGED ABOUT 60 YEARS CLASS I PWD ELECTRICAL CONTRACTOR R/AT NO.1526, 1, G S SHIVU NIMISHAMBHA TEMPLE ROAD GANJAM VILLAGE SRIRANGAPATNA TALUK MANDYA DISTRICT - 571438 …PETITIONER (BY SRI.D.V.VENKATESH, ADVOCATE) AND: 1. PRINCIPAL SECRETARY URBAN DEVELOPMENT KARNATAKA BMTC TTMC 'B' BLOCK (ABOVE BUS STAND) 4TH FLOOR Digitally signed by NAGARAJA B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:20496 WP No. 23899 of 2023 SHANTINAGAR, KH ROAD BENGALURU- 560002 2. DIRECTOR OF MUNICIPAL ADMINSITRATION AMBEDKAR ROAD, 9TH AND 10TH FLOOR VISHVESHWARAIAH TOWER SAMPANGI RAMA NAGAR BENGALURU - 560 001 3. DEPUTY COMMISSIONER GIRIBOVIYA PALYA, MYSURU DIST MYSURU - 570011 4. CHIEF OFFICER MUNICIPAL COUNCIL T NARASIPURA MUNICIPAL OFFICE ROAD TIRUMAKUDALU NARASIPURA MYSORE DISTRICT - 571124 …RESPONDENTS (BY SMT.SPOORTHY V, HCGP FOR R.1 TO R.3; SRI.DORESWAMACHAR S P AND B.S.RANGANATH PRASAD, ADVOCATES ROR R.4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE DIRECTIONS TO THE R4, THAT IS TMC, T NARSIPUR, MYSORE DISTRICT TO CONSIDER THE REPRESENTATION DTD 28.04.2023 GIVEN BY THE PETITIONER AS PER ANNEXURE-K GIVEN BY THE PETITIONER FORTHWITH AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:20496 WP No. 23899 of 2023 CORAM: HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER The petitioner, an Electrical Contractor, is aggrieved by the non-consideration of his representation dated 28.04.2023 submitted as per Annexure-K. 2. Heard learned counsel appearing for the petitioner and learned AGA appearing for respondent Nos.1 to 3 and learned counsel appearing for respondent No.4. 3. The petitioner contends that respondent No.4 had invited tenders for the financial year 2016-17 for the purpose of ‘Operation and Maintenance’ of the lighting system falling within the jurisdiction of the Town Municipal Council, T. Narasipura, on an “Annual Contract” basis. Pursuant to the tender process, the petitioner was declared as the successful bidder and was accordingly issued a formal work order. The petitioner asserts that the contractual work entrusted under the said work order has been duly executed and accomplished in its entirety, - 4 - HC-KAR NC: 2025:KHC:20496 WP No. 23899 of 2023 without any deviation or default. In furtherance of the said execution, the petitioner has submitted bills for the work done. However, despite completion of the contractual obligations and submission of bills, respondent No.4 has failed to act upon the same or release the amounts legally due to the petitioner. The petitioner has also made representations, including the one dated 28.04.2023 (Annexure-K), requesting the respondent-authority to settle the pending dues, but the same have not elicited any response or action, thereby causing undue hardship. 4. It is a settled principle that once a contractor has completed the works awarded through a valid tender process and there are no subsisting objections or disputes raised in regard to the execution or quality of the work, it becomes the statutory and legal obligation of the tendering authority to ensure timely processing and settlement of the bills submitted by the contractor. Any delay or inaction in this regard not only results in financial prejudice to the contractor but also amounts to arbitrary - 5 - HC-KAR NC: 2025:KHC:20496 WP No. 23899 of 2023 exercise of power on the part of the public authority. Statutory bodies such as the respondent-Municipal Council are expected to act fairly, reasonably, and in accordance with the principles of good governance and public trust, especially in matters involving contractual payments. The law does not permit indefinite withholding of payments without justification, particularly when the contractor has performed the work satisfactorily and there is no recorded objection or pending dispute. 5. Learned counsel appearing for respondent No.4, on instructions, submits that the petitioner’s representation dated 28.04.2023 vide Annexure-K will be duly considered in accordance with law and appropriate orders will be passed within a reasonable period. In view of the said submission made by the learned counsel, and taking note of the fact that the record does not indicate any concrete action taken by respondent No.4 in processing or deciding the petitioner’s bills and representations, this Court is of the view that such - 6 - HC-KAR NC: 2025:KHC:20496 WP No. 23899 of 2023 administrative inaction cannot be countenanced. However, since a categorical statement has now been made before this Court that the petitioner’s representation will be considered, the said submission is placed on record. Accordingly, the following order is passed: ORDER (i) The writ petition is allowed. (ii) Respondent No.4 is hereby directed to forthwith consider the petitioners' representation dated 28.04.2023 as per Annexure-K and pass appropriate orders in accordance with law. (iii) This exercise shall be accomplished within a period of eight weeks from the date of receipt of order copy. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE NBM List No.: 1 Sl No.: 4