Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:44498 WP No. 17459 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 17459 OF 2025 (GM-RES) BETWEEN:
1. SRI.K.BASAVANANDA S/O C.G.KARIYANNA, AGED ABOUT 59 YEARS, R/AT NO.218, 2ND MAIN ROAD, 14TH CROSS, H.I.G. COLONY, R.M.V. 2ND STAGE, BENGALURU-560 094.
2.
SRI. ARUN KUMAR T.G.
S/O LATE M.GIRIYAPPA SHETTY, AGED ABOUT 59 YEARS, NO.530/538, 12TH CROSS, 6TH MAIN, GIRINAGAR 2ND PHASE, BENGALURU-560 085.
3.
ASHRAYA CONSTRUCTIONS, NO.908-D, 19TH MAIN ROAD, 19TH CROSS, IDEAL HOMES TOWNSHIP, RAJARAJESHWARI NAGAR, BENGALURU 560 098, REPRESENTED BY MANAGING PARTNER, CHANDRU D.S., S/O LATE SHIVANNA, AGED ABOUT 56 YEARS
…PETITIONERS (BY Ms. SHILPA RANI., ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA REPRESENTED BY ITS PRL. SECRETARY, DEPARTMENT OF SOCIAL WELFARE,
Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:44498 WP No. 17459 of 2025
VIKASA SOUDHA, BENGALURU-560 001.
2.
KARNATAKA RESIDENTIAL EDUCATION INSTITUTION SOCIETY, REPRESENTED BY ITS EXECUTIVE DIRECTOR, NO.8, MSB-1, 6TH FLOOR, CUNNINGHAM ROAD, BENGALURU-560 052.
…RESPONDENTS (BY SMT. SARITHA KULKARNI., AGA FOR R1;
SIR. SIDDARTH BABU RAO., ADVOCATE FOR R2)
THIS WRIT PETITION UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISUE A WRIT OF MANDAMUS OR ANY OTHER WRIT, ORDER OR DIRECTION DIRECTING THE RESPONDENT NO.2 TO CONSIDER(A) THE REPRESENTATION OF PETITIONER NO.1 DATED 03.04.2025 PRODUCED AT ANNEXURE-E AND ETC.
THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
ORAL ORDER
1. The petitioners are before this Court seeking for the following reliefs: (i) ISSUE a writ of mandamus or any other writ, order or direction, directing the respondent No.2 to consider
(a) the representation of Petitioner No.1 dated 03.04.2025 produced at Annexure-E,
(b) the representation of the Petitioner No.2 dated 4.4.2025 as per Annexure-G,
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HC-KAR NC: 2025:KHC:44498 WP No. 17459 of 2025
(c) the representation of the Petitioner No.3 dated 02.04.2025 as per Annexure-M and release the with-held payments in terms of the observations made by this Hon'ble Court vide order dated 03.09.2022 in W.P.No.46302/2018,
order dated 28.05.2024 in W.P. No. 26881/2023 and the
order dated 25.09.2024 passed in WP No.13628/2024 (GM- RES) which are produced at Annexure-S, S1 and S2 respectively, in the interest of justice and equity;
(ii) ISSUE a writ of mandamus or any other writ, order or direction, directing the respondent No.2 to consider representation of the Petitioner No.3 dated 02.04.2025 to accept BG or FDR in place of FSD amount withheld by the respondents and to release the said FSD amount of Rs.3,13,25,990/- on submission of BGs or FDRS forthwith;
(iii) GRANT such other order or direction as deems fit to grant in the facts and circumstances of the case, in the interest of justice and equity.
2. The grievance of the petitioner is that despite work being completed, representation submitted by petitioner No.1 on 03.04.2025 at Annexure-E, Petitioner No.2 on 4.4.2025 at Annexure-G and Petitioner No.3 on 02.04.2025 at Annexure-M, despite the same having been received by the respondents, no action has been taken. Hence, the petitioner is before this Court seeking for the aforesaid reliefs.
3. Whenever any application/representation is made by a citizen to any authority, the same is required to be
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HC-KAR NC: 2025:KHC:44498 WP No. 17459 of 2025
considered, necessary orders passed within a reasonable period of time either accepting or rejecting the request made. Needless to say, when any order of rejection is passed, the same is required to be accompanied by reasons. Neither of them having been made, I pass the following:
ORDER i. The writ petition is allowed. ii. Mandamus is issued directing respondents to consider the representations of the petitioners at Annexures-E, G and M within a period of four weeks from the date of receipt of copy of this
order. iii. This Court has not expressed any opinion on the entitlement of the petitioners.
SD/- (SURAJ GOVINDARAJ) JUDGE
LN List No.: 1 Sl No.: 69