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2025 DAILYLAW 39848 (KAR)

M/S SUMA PRINTS v. THE DISTRICT ELECTION OFFICER

WP/30029/2025 · 2025-10-25

Suraj Govindaraj

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:42661 WP No. 30029 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 30029 OF 2025 (GM-TEN) BETWEEN: 1. M/S SUMA PRINTS A REGISTERED PROPRIETORSHIP HAVING REGISTERED OFFICE AT GROUND NO.34 3RD FLOOR, JM ARCADE ANNIPURA MAIN ROAD SUDHAMANAGAR BENGALURU - 560 027 REP. BY ITS PROPRIETOR M. THEERTHA RAJU …PETITIONER (BY SRI. PRITHVEESH M.K., ADVOCATE FOR SRI. RANGANATH R., ADVOCATE) AND: 1. THE DISTRICT ELECTION OFFICER AND THE COMMISIONER BRUHATH BENGALURU MAHANAGARA PALIKE N R SQUARE, BENGALURU - 560 002 2. THE CHIEF COMMISSIONER BRUHAT BENGALURU MAHANAGARA PALIKE N R SQUARE, BENGALURU - 560 002 3. THE ASISTANT COMMISSIONER (ELECTION) MAHADEVAPURA ZONE BRUHATH BENGALURU MAHANAGARA PALIKE NR SQUARE, BENGALURU - 560 002 Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:42661 WP No. 30029 of 2025 4. THE CHIEF ELECTION COMMISSIONER ELECTION COMMISSION OF INDIA NIRVACHAN SADAN ASHOKA ROAD NEW DELHI - 110 001 5. THE CHIEF ELECTORAL OFFICER KARNATAKA NIRVACHANA NILAYA SHESADRI ROAD AMBEDKAR VEEDHI BENGALURU - 560 001 …RESPONDENTS (BY SRI. B.L. SANJEEV, ADVOCATE FOR R-1 TO R-3 SRI. S.R. DODWAD, ADVOCATE FOR R-4 AND R-5) *** THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS DIRECTING RESPONDENT NO.1 TO CONSIDER THE REPRESENTATIONS DATED 01.10.2020, 18.06.2022, 08.08.2022, 02.11.2022, 06.12.2023 (3 NOS.), 01.02.2024 (4 NOS.), 17.07.2024 (3 NOS.), 09.10.2024, 21.10.2024, 13.02.2025 (4 NOS.) AND 18.04.2025 AT ANNEXURE-G TO G20 AND RELEASE THE PAYMENTS AS AGAINST THE BILLS SUBMITTED BY THE PETITIONER FOR THE SUM OF RS.60,65,644/- (RUPEES SIXTY LAKHS SIXTY-FIVE THOUSAND SIX HUNDRED AND FORTY-FOUR ONLY) ALONG WITH AN INTEREST OF 18% PER ANNUM FROM THE DATE IT IS DUE TILL THE DATE OF PAYMENTS, ETC. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:42661 WP No. 30029 of 2025 CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. Sri.B.L. Sanjeev, learned counsel accepts notice for respondent Nos.1 to 3. Sri. S.R. Dodwad, learned counsel accepts notice for respondent Nos.4 and 5. 2. Petitioner is before this Court seeking for the following reliefs: "a) Issue a writ of mandamus directing respondent No.1 to consider the representations dated 01.10.2020, 18.06.2022, 08.08.2022, 02.11.2022, 06.12.2023 (3 Nos.), 01.02.2024 (4 Nos.), 17.07.2024 (3 Nos.), 09.10.2024, 21.10.2024, 13.02.2025 (4 Nos.) and 18.04.2025 at Annexure-G to G20 and release the payments as against the bills submitted by the petitioner for the sum of Rs.60,65,644/- (Rupees Sixty lakhs Sixty-five Thousand Six Hundred and Forty-four only) along with an interest of 18% per annum from the date it is due till the date of payments, b) Grant such other reliefs as may be found expedient in the interest of justice and equity." 3. The grievance of the petitioner is that for the works which have been done by the petitioner, the - 4 - HC-KAR NC: 2025:KHC:42661 WP No. 30029 of 2025 respondents have not made payment of the due amounts despite the bills having been raised by them. 4. Whenever any bills are raised on a public Authority, it is required of the public Authority to consider the said bills and make payment of the same, if found due and if not found due, to pass an order of rejection accompanied by reasons. Neither having been done, I pass the following: ORDER (i) Writ Petition is partly allowed; (ii) A mandamus is issued directing the respondent No.1 to consider the supporting documents submitted by the petitioner along with the representations dated 01.10.2020, 18.06.2022, 08.08.2022, 02.11.2022, 06.12.2023 (3 Nos.), 01.02.2024 (4 Nos.), 17.07.2024 (3 Nos.), 09.10.2024, 21.10.2024, - 5 - HC-KAR NC: 2025:KHC:42661 WP No. 30029 of 2025 13.02.2025 (4 Nos.) and 18.04.2025 at Annexure-G to G20 and pass necessary orders, within a period of eight weeks from today, i.e. on or before 19.12.2025. SD/- (SURAJ GOVINDARAJ) JUDGE BMV* CT-SG List No.: 1 Sl No.: 0