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2025 DAILYLAW 42334 (KAR)

M/S.M.B.ROADWAYS v. THE STATE OF KARNATAKA

WP/28533/2025 · 2025-11-18

Suraj Govindaraj

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:47499 WP No. 28533 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 28533 OF 2025 (GM-RES) BETWEEN: M/S.M.B.ROADWAYS A PROPERIETORY CONCERN HAVING ITS OFFICE AT NO.1828, K 30/1 2ND CROSS, ADAMKHAN MASJID ROAD, HULLINA BEEDHI, K.R. MOHALLA MYSORE-570 004 REP. BY ITS PROPRIETOR SRI. SYED SAMIULLA AGED ABOUT 47 YEARS S/O. SYED KHALEEL R/AT NO. 1961, BEHIND V.V. MARKET, AGRAHARA, K.R. MOHALLA MYSORE-570 004 …PETITIONER (BY SRI.ARUNA.T.H, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY ITS CHIEF SECRETARY 3RD FLOOR, VIDHANA SOUDHA AMBEDKAR VEEDHI, BENGALURU-560 001 2. THE PRINCIPAL SECRETARY REVENUE DEPARTMET (DISASTER MANAGEMENT) GOVERNMENT OF KARNATAKA M.S. BUILDING BENGALURU-560 001 3. THE PRINCIPAL SECRETARY DEPARTMENT OF HEALTH & FAMILY WELFARE GOVERNMENT OF KARNATAKA VIDHANA SOUDHA Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:47499 WP No. 28533 of 2025 BENGALURU-560 001. 4. THE PRINCIPAL SECRETARY DEPARTMENT OF FINANCE GOVERNMENT OF KARNATAKA VIDHANA SOUDHA, BENGALURU-560 001. 5. THE COMMISSIONER, COMMISSIONERATE OF HEALTH FAMILY WELFARE SERVICES AT AROGYA SOUDHA MAGADI ROAD, BENGALURU-560 023 6. THE DEPUTY COMMISSIONER & DISTRICT MAGISTRATE, MYSORE DISTRICT AT MYSORE-570 005 7. THE DISTRICT HEALTH AND FAMILY WELFARE OFFICER DEPARTMENT OF HEALTH FAMILY WELFARE, MYSORE DISTRICT AT MYSORE-570 005 …RESPONDENTS (BY SMT.SARITHA KULKARNI, AGA) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-1 STATE OR ANY OTHER INSTRUMENTALITY OR AUTHORITY OF THE STATE AS DIRECTED BY THIS HONBLE COURT TO CONSIDER THE PETITIONERS VARIOUS REPRESENTATIONS DTD 29.11.2023 AT ANNX-P1 TO P-3 24.01.2024 AT ANNX-P4 TO P-6, 16.07.2024 AT ANNX-P7, 25.04.2025 AT ANNX-P8, 29.04.2025 AT ANNX-P9 TO P13, 03.06.2025 AT ANNX-P14, 29.07.2025 AT ANNX-P15 TO P16 AND RELEASE THE PAYMENT DUE TO HIM AS ADMITTED BY THE R-6 HEREIN IN TERMS HIS LETTER NO. MYSDC CAL/CAL/84/2024 (E- 519739) DTD 03.12.2024 GIVEN HEREIN AT ANNX-K AS EXPEDITIOUSLY AS POSSIBLE WITHIN A TIME FRAME TO BE FIXED BY THIS HONBLE COURT. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ - 3 - HC-KAR NC: 2025:KHC:47499 WP No. 28533 of 2025 ORAL ORDER 1. The petitioner is before this Court seeking for the following reliefs; 1. Issue a Writ of Mandamus or any other appropriate Writ, Order or direction and direct the R-1 state or any other instrumentality or authority of the state as directed by this Honble court to consider the petitioners various representations dtd 29.11.2023 at annx-p1 to p-3 24.01.2024 at annx-p4 to p-6, 16.07.2024 at annx-p7, 25.04.2025 at annx-p8, 29.04.2025 at annx-p9 to p13, 03.06.2025 at annx- p14, 29.07.2025 at annx-p15 to p16 and release the payment due to him as admitted by the r-6 herein in terms his letter no. MYSDC CAL/CAL/84/2024 (e- 519739) dtd 03.12.2024 given herein at annx-k as expeditiously as possible within a time frame to be fixed by this Honble court. 2. And pass any other or further orders as this Hon'ble Court deems fit in the facts and circumstances of the case in the interest of justice and equity. 2. The petitioner claims that the petitioner has rendered several services to the respondent during the COVID period, as regard which the petitioner having raised invoices, the said invoices have not been paid. The petitioner having submitted representations at Annexure-P series have also not been considered and in that background, the petitioner is before this court seeking for the aforesaid reliefs. - 4 - HC-KAR NC: 2025:KHC:47499 WP No. 28533 of 2025 3. Whenever any bills are raised, it is but required for the concerned Authority to make payment of the due amounts and if representation is submitted, to consider the same and pass necessary orders either accepting or rejecting the said representation within a reasonable period of time. Neither of them having been done, I pass the following: ORDER a) The writ petition is allowed. Mandamus is issued to respondent No.6 to consider the representation at Annexure-P series within a period of 45 days from the date of receipt of copy of this order. b) It is made clear that this Court has not expressed any opinion on the entitlement of the petitioner. SD/- (SURAJ GOVINDARAJ) JUDGE LN List No.: 1 Sl No.: 72