- 1 - HC-KAR NC: 2025:KHC-D:7492 WP No. 103133 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 10TH DAY OF JUNE 2025 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO. 103133 OF 2025 (GM-TEN) BETWEEN: SHRI. KUMAR HATTIKAL, AGE: 48 YEARS, OCC: CONTRACTOR, R/O. KUMARESHWAR NAGAR, TQ: HANGAL, DIST: HAVERI-581104. …PETITIONER (BY SRI. HARSHAWARDHAN M. PATIL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, R/BY THE SECRETARY, RURAL DEVELOPMENT AND PANCHAYATRAJ ENGINEERING DEPARTMENT, M.S. BUILDING, BENGALURU-560001. 2. THE EXECUTIVE ENGINEER, DEPARTMENT OF RURAL DEVELOPMENT AND PANCHAYATRAJ ENGINEERING DIVISION, HAVERI, TQ AND DIST: HAVERI-581110. …RESPONDENTS (BY SRI. SHARAD V. MAGADUM, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE THE WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENT NO.2 TO CONSIDER THE REPRESENTATION OF THE PETITIONER VIDE ANNEXURE-F DATED 26/03/2025 AND THEREBY ISSUE WORK DONE CERTIFICATE AND MAKE PAYMENT OF THE TENDER AMOUNT. THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CHANABASAPPA K KALLUR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:7492 WP No. 103133 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR) 1. Heard the learned counsel Sri.Harshawardhan M. Patil for the petitioner. Learned AGA takes notice for respondent Nos.1 and 2. 2. This petition is filed by the petitioner, a contractor who secured tender as a successful bidder and has undertaken the work of construction of road as per the terms of agreement. It is contention of the petitioner that as per the terms of agreement, he has produced relevant copies of the photographs, but he was not paid for the work done, so also the “work done certificate” was not issued for the tender work. The respondents kept postponing the payment and issuance of work done certificate. Therefore left with no other alternative, petitioner filed representation to the respondent- authorities to consider the representation, make payment for the work done and to issue work done certificate. The same was not adhered to or replied or answered. Hence, - 3 - HC-KAR NC: 2025:KHC-D:7492 WP No. 103133 of 2025 left with no other alternative, the petitioner is before this Court. 3. Learned AGA contends that the representation so made by the petitioner would be considered in accordance with law if the petitioner fulfills the terms and conditions as per the agreement of the tender work contract. 4. Be that as it may. The representation so made is to consider the issuance of “work done certificate” and for making payment of the tender amount for the work already done and completed by the petitioner. There is no dispute with regard to the petitioner being successful bidder and contract having been issued for performance of construction of road. Where the petitioner has performed the work as per the terms in the agreement, it is for the authorities to consider and pass suitable orders, so also for issuance of work done certificate and payment to be made. When a representation is made, the same would have to be considered within a reasonable time by the - 4 - HC-KAR NC: 2025:KHC-D:7492 WP No. 103133 of 2025 authorities, which has not been done in the present case. Hence the representation would have to be considered. Accordingly, I pass the following: ORDER i. Petition is allowed. ii. Writ of mandamus is issued directing the respondent No.2 to consider the representation of the petitioner dated 26.03.2025 and pass suitable orders in accordance with law within a time period of eight weeks from the date of receipt of copy of the order. Sd/- (PRADEEP SINGH YERUR) JUDGE KGK CT-MCK List No.: 1 Sl No.: 40