- 1 - NC: 2025:KHC:6702 WP No. 31143 of 2024 C/W WP No. 31132 of 2024 WP No. 31140 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 31143 OF 2024 (GM-RES) C/W WRIT PETITION NO. 31132 OF 2024 (GM-RES) WRIT PETITION NO. 31140 OF 2024 (GM-RES) IN WP NO. 31143/2024 BETWEEN: M/S. R.K. BROTHERS INFRAPROP PROVENTURES PRIVATE LTD., REPRESENTED BY ITS DIRECTOR SRI P.K. SHIVARAM S/O LATE KALEGOWDA, AGED ABOUT 65 YEARS, RESIDING AT #860/1, NARAYANA SHASTRI ROAD, CHAMARAJA MOHALLA, MYSURU - 570 024. SENIOR CITIZENSHIP BENEFIT NOT CLAIMED REG. UNDER COMPANIES ACT 2013 …PETITIONER (BY SRI. L.M. CHIDANANDAYYA, ADVOCATE) AND: 1. STATE OF KARNATAKA MINOR IRRIGATION AND GROUND WATER DEVELOPMENT DIVISION, REPRESENTED BY ITS SECRETARY, 206-207, VIKASA SOUDHA, BENGALURU - 560 001. Digitally signed by SWAPNA V Location: high court of karnataka - 2 - NC: 2025:KHC:6702 WP No. 31143 of 2024 C/W WP No. 31132 of 2024 WP No. 31140 of 2024 2. THE CHIEF ENGINEER, MINOR IRRIGATION AND GROUND WATER DEVELOPMENT DIVISION, SOUTH ZONE, BENGALURU - 560 001 3. THE EXECUTIVE ENGINEER, MINOR IRRIGATION AND GROUND WATER DEVELOPMENT DIVISION MANDYA DIVISION, MANDYA - 571 401 …RESPONDENTS (BY SRI. MOHAMMED JAFFAR SHAH, AGA) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) CALL FOR RECORDS WHICH ULTIMATELY RESULTED IN NOT RELEASING RS. 7,55,96,000/- DUE AND PAYABLE TO THE PETITIONER IN RESPECT OF THE PROJECT WORKS EXECUTED BY THE PETITIONER IN RESPECT OF THE BILLS REFERRED TO ABOVE AND ETC., IN WP NOS.31132/2024 BETWEEN: M/S. R.K. BROTHERS INFRAPROP PROVENTURES PRIVATE LTD., REPRESENTED BY ITS DIRECTOR SRI P.K. SHIVARAM S/O LATE KALEGOWDA, AGED ABOUT 65 YEARS, RESIDING AT #860/1, NARAYANA SHASTRI ROAD, CHAMARAJA MOHALLA, MYSURU - 570 024. SENIOR CITIZENSHIP BENEFIT NOT CLAIMED REG. UNDER COMPANIES ACT 2013 …PETITIONER (BY SRI. L.M. CHIDANANDAYYA, ADVOCATE) - 3 - NC: 2025:KHC:6702 WP No. 31143 of 2024 C/W WP No. 31132 of 2024 WP No. 31140 of 2024 AND: 1. STATE OF KARNATAKA MINOR IRRIGATION AND GROUND WATER DEVELOPMENT DIVISION, REPRESENTED BY ITS SECRETARY, 206-207, VIKASA SOUDHA, BENGALURU - 560 001. 2. THE CHIEF ENGINEER, MINOR IRRIGATION AND GROUND WATER DEVELOPMENT DIVISION, (SOUTH), BENGALURU - 560 001 3. THE EXECUTIVE ENGINEER, MINOR IRRIGATION AND GROUND WATER DEVELOPMENT DIVISION MANDYA DIVISION, MANDYA - 571 401 …RESPONDENTS (BY SRI. MOHAMMED JAFFAR SHAH, AGA) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) CALL FOR RECORDS WHICH ULTIMATELY RESULTED IN NOT RELEASING RS. 10,14,80,000/- DUE AND PAYABLE TO THE PETITIONER IN RESPECT OF THE PROJECT WORKS EXECUTED BY THE PETITIONER IN RESPECT OF THE BILLS REFERRED TO ABOVE AND ETC., IN WP NO. 31140/2024 BETWEEN: M/S. R.K. BROTHERS INFRAPROP PROVENTURES PRIVATE LTD., REPRESENTED BY ITS DIRECTOR SRI P.K. SHIVARAM S/O LATE KALEGOWDA, - 4 - NC: 2025:KHC:6702 WP No. 31143 of 2024 C/W WP No. 31132 of 2024 WP No. 31140 of 2024 AGED ABOUT 65 YEARS, RESIDING AT #860/1, NARAYANA SHASTRI ROAD, CHAMARAJA MOHALLA, MYSURU - 570 024. SENIOR CITIZENSHIP BENEFIT NOT CLAIMED COMPANIES ACT 2013 AND RULES …PETITIONER (BY SRI. L.M. CHIDANANDAYYA, ADVOCATE) AND: 1. STATE OF KARNATAKA MINOR IRRIGATION AND GROUND WATER DEVELOPMENT DIVISION, REPRESENTED BY ITS SECRETARY, 206-207, VIKASA SOUDHA, BENGALURU - 560 001. 2. THE CHIEF ENGINEER, MINOR IRRIGATION AND GROUND WATER DEVELOPMENT DIVISION, (SOUTH), BENGALURU - 560 001 3. THE EXECUTIVE ENGINEER, MINOR IRRIGATION AND GROUND WATER DEVELOPMENT DIVISION MANDYA DIVISION, MANDYA - 571 401 …RESPONDENTS (BY SRI. MOHAMMED JAFFAR SHAH, AGA) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) CALL FOR RECORDS WHICH ULTIMATELY RESULTED IN NOT RELEASING RS. 3,27,60,000/- DUE AND PAYABLE TO THE PETITIONER IN RESPECT OF THE PROJECT WORKS EXECUTED BY THE - 5 - NC: 2025:KHC:6702 WP No. 31143 of 2024 C/W WP No. 31132 of 2024 WP No. 31140 of 2024 PETITIONER IN RESPECT OF THE BILLS REFERRED TO ABOVE AND ETC., THESE WRIT PETITIONS, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE R DEVDAS COMMON ORAL ORDER The petitioner is aggrieved of the nonpayment of dues to the petitioner for the works undertaken and completed by the petitioner for the respondents. 2. The attention of this Court was drawn to work completion certificate at Annexure 'L', which clearly shows that the works were completed in all respects on 04.12.2023, a certificate issued by the Executive Engineer-respondent No.3. 3. However, learned AGA submits on instructions that the bills along with recommendation for payment has been followed by respondent No.3 to the concerned and the payment will be made as soon as possible. 4. Learned counsel for the petitioner submits that in terms of clause 37.1 of the Contract, the employer is required to pay the contractor within 60 days of submission of the bills. - 6 - NC: 2025:KHC:6702 WP No. 31143 of 2024 C/W WP No. 31132 of 2024 WP No. 31140 of 2024 It is more than a year and two months after bills have been submitted. 5. In view of the above, writ petition is disposed of with a specific direction to respondent Nos.2 and 3 to pay the bills raised by the petitioner in terms of Annexure 'M' together with the applicable interest, within six weeks from the date of receipt of copy of this order, failing which, petitioner will be permitted to proceed against respondent Nos.2 and 3 for willful disobedience of the orders passed by this Court. Sd/- (R DEVDAS) JUDGE BH List No.: 1 Sl No.: 16