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2025 DAILYLAW 48648 (KAR)

M/S K K ENTERPRISES v. THE ADDITIONAL DISTRICT ELECTION OFFICER (SOUTH)

WP/30123/2025 · 2025-10-28

Suraj Govindaraj

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:42992 WP No. 30123 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. 30123 OF 2025 (GM-TEN) BETWEEN: 1. M/S. K.K. ENTERPRISES A REGISTERED PROPRIETORSHIP HAVING REGISTERED OFFICE AT: NO.34, CELLAR, JM ARCADE, ANNIPURA CROSS ROAD, 3RD STAGE, SUDHAMANAGAR, BENGALURU - 560 027 REPRESENTED BY ITS PROPRIETRIX SHRIDEVI SHAHSHIKUMAR …PETITIONER (BY SRI. RANGANATH R., ADVOCATE) AND: 1. THE ADDITIONAL DISTRICT ELECTION OFFICER (SOUTH) BRUHATH BENGALURU MAHANAGARA PALIKE 9TH MAIN, 9TH CROSS, JAYANAGARA 2ND BLOCK, BENGALURU - 560 011. 2. THE CHIEF COMMISSIONER BRUHATH BENGALURU MAHANAGARA PALIKE BBMP HEAD OFFICE, CORPORATION CIRCLE N.R. SQUARE, BENGALURU - 560 002 3. THE EXECUTIVE ENGINEER (PROJECT) SOUTH ZONE 9TH MAIN, 9TH CROSS, JAYANAGARA 2ND BLOCK, BANGALORE - 560 011 Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:42992 WP No. 30123 of 2025 4. ELECTORAL REGISTRATION OFFICER, 166-GOVINDRAJNAGAR LAC, BBMP, BENGALURU - 560 002 5. ELECTORAL REGISTRATION OFFICER, 167-VIJAYNAGAR LAC, BBMP, BENGALURU - 560 002 6. ELECTORAL REGISTRATION OFFICER, 173-JAYANAGAR LAC, BBMP, BENGALURU - 560 002 7. ELECTORAL REGISTRATION OFFICER, 173-BOMMANAHALLI LAC, BBMP, BENGALURU - 560 002 8. THE CHIEF ELECTION COMMISSIONER, ELECTION COMMISSION OF INDIA, NIRVACHAN SADAN, ASHOKA ROAD, NEW DELHI - 110 001 9. THE CHIEF ELECTORAL OFFICER KARNATAKA NIRVACHANA NILAYA, SHESADRI ROAD, AMBEDKAR VEEDHI, BENGALURU - 560 001. …RESPONDENTS (BY SRI. B.L. SANJEEV, ADVOCATE FOR R1 TO R7 SRI. S.R. DODWAD, ADVOCATE FOR R8 AND R9) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-DIRECT R1 TO CONSIDER THE APPEAL LETTER DATED 01.09.2025 (ANNEXURE-H) AND RELEASE THE PAYMENTS AS AGAINST THE BILLS SUBMITTED BY THE PETITIONER FOR THE SUM OF RS.1,39,30,785/- (RUPEES ONE CRORE THIRTY-NINE LAKH THIRTY THOUSAND SEVEN HUNDRED EIGHTY -FIVE 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: - 3 - HC-KAR NC: 2025:KHC:42992 WP No. 30123 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 7 . 2. Sri S R Dodwad, learned counsel accepts notice for respondent Nos.8 and 9. 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-H) and release the payments as against the bills submitted by the Petitioner for the sum of Rs.1,39.30.785/- (Rupees One Crore Thirty-Nine Lakh Thirty Thousand Seven Hundred Eighty-Five 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 'H') submitted has also not been acted upon. - 4 - HC-KAR NC: 2025:KHC:42992 WP No. 30123 of 2025 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 - 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 H) 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/List No.: 1 Sl No.: 6