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2025 DAILYLAW 42849 (KAR)

M/S SHREE RAMNATH v. THE ADDITIONAL DISTRICT ELECTION OFFICER

WP/30049/2025 · 2025-10-28

Suraj Govindaraj

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:42989 WP No. 30049 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 30049 OF 2025 (GM-TEN) BETWEEN: 1. M/S SHREE RAMNATH A REGISTERED PROPRIETORSHIP HAVING OFICE AT NO.233, LIG 1ST FLOOR SFS707, 3RD MAIN, 1ST CROSS, 4TH PHASE YELAHANKA NEW TOWN BENGALURU - 560 064 REP BY ITS PROPREITRIX SRILAKSHMI PADIYAR …PETITIONER (BY SRI. RANGANATH R., ADVOCATE) AND: 1. THE ADDITIONAL DISTRICT ELECTION OFFICER (NORTH) AND ZONAL COMMISSIONER (NORTH) BRUHATH BENGALURU MAHANAGAR PALIKE MAHADEVAPURA ZONE BENGALURU - 560 030 2. THE CHIEF COMMISSIONER BRUHATH BENGALURU MAHANAGARA PALIKE N.R. SQUARE BENGALURU - 560 002 3. THE CHIEF ELECTON COMMISSIONER ELECTION COMMISSION OF INDIA Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:42989 WP No. 30049 of 2025 NIRVACHAN SADAN, ASHOKA ROAD NEW DELHI - 110 001 4. THE CHIEF ELECTORAL OFFICER KARNATAKA NIRVACHAN NILAYA SHESADRI ROAD, AMBEDKAR VEEDHI BENGALURU - 560 001 …RESPONDENTS (BY SRI. B.L. SANJEEV, ADVOCATE FOR R1 AND R2 SRI. S.R. DODWAD, ADVOCATE FOR R3 AND R4) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A. ISSUE A WRIT OF MANDAMUS DIRECTING RESPONDENT NO.1 TO CONSIDER THE APPEAL LETTER DATED 01.09.25 (ANNEXURE-D) AND RELEASE THE PAYMENTS AS AGAINST THE BILLS SUBMITTED BY THE PETITIONER FOR THE SUM OF RS.8,84,586/- (RUPEES EIGHT LAKH EIGHTY FOUR THOUSAND FIVE HUNDRED EIGHTY SIX ONLY) ALONG WITH AN INTEREST OF 18 PERCENT PER ANNUM FROM THE DATE IT IS DUE TILL THE DATE OF PAYMENTS. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. Sri B L Sanjeev, learned counsel accepts notice for respondent Nos.1 and 2. 2. Sri S R Dodwad, learned counsel accepts notice for respondent Nos.3 and 4. - 3 - HC-KAR NC: 2025:KHC:42989 WP No. 30049 of 2025 3. The petitioner is before this Court seeking for the following reliefs: " a. Issue a writ of mandamus directing Respondent No. 1 to consider the Appeal Letter dated 01.09.2025 (ANNEXURE-D) and release the payments as against the bills submitted by the Petitioner for the sum of Rs.8,84,586/- (Rupees Eight Lakh Eighty-Four Thousand Five Hundred Eighty-Six 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." 4. The short grievance of the petitioner is that the bills raised by the petitioner for the works completed by the petitioner have not been paid, even the representation (Annexure 'D') submitted has also not been acted upon. 5. Whenever any bills are raised by a contractor on a State authority it is required for the State authority to consider the same and make payment of the due amount or reject within a reasonable period of time. Needless to say if an order of rejection is passed, the same would have to be accompanied by reasons. 6. Accordingly, I pass the following - - 4 - HC-KAR NC: 2025:KHC:42989 WP No. 30049 of 2025 ORDER (i) The writ petition is allowed. (ii) Mandamus is issued directing the respondent No.1 to consider the representation dated 01.09.2025 (Annexure D) within a period of four weeks from the date of receipt of copy of this order. (iii) It is made clear that this Court has not expressed any opinion on the entitlement of the petitioner to the amount claimed. Sd/- (SURAJ GOVINDARAJ) JUDGE YKL CT-SG List No.: 1 Sl No.: 5