A N BUILDERS AND DEVELOPERS v. THE CHIEF COMMISSIONER,
WP/31838/2024 · 2025-06-30
Sachin Shankar Magadum
body2025
DailyLaw.ai
[ 2025 DAILYLAW 35018 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 35018 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:22948 WP No. 31838 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 31838 OF 2024 (LB-BMP) BETWEEN:
A.N. BUILDERS AND DEVELOPERS, PROP. D. ANAND NAIDU, S/O KANNAMMA NAIDU, AGED ABOUT 51 YEARS, R/AT NO. 23, GF, 40 FEET ROAD, BENDRA NAGAR, BSK II STAGE, BENGALURU - 560 078. …PETITIONER (BY SRI. PRADEEP H.S, ADVOCATE) AND:
1.
THE CHIEF COMMISSIONER, BRUHAT BENGALURU MAHANAGARA PALIKE, BENGALURU - 560 002.
2.
THE CHIEF ENGINEER, BRUHAT BENGALURU MAHANAGARA PALIKE, BENGALURU - 560 002.
3.
THE EXECUTIVE ENGINEER, DASARAHALLI ZONE, BBMP, HESARAGHATTA MAIN ROAD, BAGALAGUNTE, BENGALURU - 560 073.
4.
THE ASST. EXECUTIVE ENGINEER,
Digitally signed by NAGARAJA B M Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:22948 WP No. 31838 of 2024
DASARAHALLI ZONE, BBMP, HESARAGAHATTA MAIN ROAD, BAGALAGUNTE, BENGALURU - 560 073.
5.
THE ASSISTANT ENGINEER DASARAHALLI ZONE, BBMP, HESARAGHATTA MAIN ROAD, BAGALAGUNTE, BENGALURU - 560 073.
6.
THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY, PUBLIC WORKS DEPARTMENT, VIDHANA SOUDHA, BENGALURU - 560 001. …RESPONDENTS (BY SRI. PRASHANTH S.H, ADVOCATE FOR R1 TO R5;
SRI. H.K. KENCHE GOWDA, AGA FOR R6)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE R1 TO R5 TO CONSIDER THE REPRESENTATION DATED 05.09.24 VIDE ANNEXURE-F AND TO RELEASE THE PAYMENT TO THE PETITIONER IN ACCORDANCE WITH LAWS.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM
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HC-KAR NC: 2025:KHC:22948 WP No. 31838 of 2024
ORAL ORDER
This petition is filed seeking a mandamus against respondents No.1 to 5 to consider the petitioner's representation dated 05.09.2024 as per Annexure-F.
2. Heard learned counsel for the petitioner and
learned counsel for BBMP. Perused the record.
3. The petitioner contends that he is a Class-I contractor holding a valid contractor’s license and that he has duly executed the infrastructure works entrusted to him by the Bruhat Bengaluru Mahanagara Palike (BBMP), specifically relating to schemes for the Scheduled Castes and Scheduled Tribes in the Dasarahalli Zone, Bengaluru. It is his case that the works were completed within the stipulated time frame and that a completion report has been submitted in his favour. The petitioner further asserts that no objections have been raised by the respondents regarding the execution or quality of the works. Despite this, the petitioner claims that his bills
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HC-KAR NC: 2025:KHC:22948 WP No. 31838 of 2024
have not been processed or cleared, prompting the filing of the present writ petition alleging inaction on the part of the respondents.
4.
Learned counsel appearing for the BBMP, on instructions, submits that the petitioner's representation will be considered in accordance with the seniority of pending claims and that the petitioner's bills will be settled accordingly.
5. In light of the assurance given by the learned counsel for the BBMP, this Court proceeds to pass the following:
ORDER i. The writ petition stands disposed of with a direction to respondents No.1 and 2 to consider the petitioner’s representation dated 05.09.2024 (Annexure-F) and take appropriate steps for release of the payment, in accordance with law and the seniority of claims.
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HC-KAR NC: 2025:KHC:22948 WP No. 31838 of 2024
ii. The said exercise shall be completed within a period of four weeks from the date of receipt of a certified copy of this order.
Sd/- (SACHIN SHANKAR MAGADUM) JUDGE
HDK List No.: 1 Sl No.: 5 CT: BHK