M/S. KK ENTERPRISES v. THE ADDITIONAL DISTRICT ELECTION OFFICER (SOUTH)
WP/30028/2025 · 2025-10-27
Suraj Govindaraj
body2025
DailyLaw.ai
[ 2025 DAILYLAW 49241 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 49241 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:42746 WP No. 30028 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 27TH DAY OF OCTOBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
WRIT PETITION NO. 30028 OF 2025 (GM-TEN)
BETWEEN:
M/S. KK 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) AND THE ZONAL COMMISSIONER (SOUTH) 09TH MAIN ROAD, JAYANAGAR 02ND BLOCK, BANGALORE - 560 011 BRUHATH BENGALURU MAHANAGARA PALIKE.
2.
THE CHIEF COMMISSIONER BRUHATH BENGALURU MAHANAGARA PALIKE BBMP HEAD OFFICE, N.R. SQUARE BENGALURU - 560 002.
3.
THE EXECUTIVE ENGINEER (PROJECT-SOUTH) AND EVM NODAL OFFICER BBMP (SOUTH) 09TH MAIN ROAD, JAYANAGAR 02ND BLOCK,
Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:42746 WP No. 30028 of 2025
BANGALORE BRUHATH BENGALURU MAHANAGARA PALIKE - 560 001.
4.
THE JOINT COMMISSIONER (SOUTH) 09TH MAIN ROAD, JAYANAGAR 02ND BLOCK, BANGALORE BRUHATH BENGALURU MAHANAGARA PALIKE - 560 002.
5.
THE CHIEF ELECTION COMMISSIONER, ELECTION COMMISSION OF INDIA, NIRVACHAN SADAN, ASHOKA ROAD, NEW DELHI - 110 001.
6.
THE CHIEF ELECTORAL OFFICER KARNATAKA NIRVACHANA NILAYA, SHESADRI ROAD, AMBEDKAR VEEDHI, BENGALURU - 560 001. EMAIL: ceo_karnataka@eci.gov.in …RESPONDENTS
(BY SRI. S.R. DODWAD, ASG FOR R5 AND R6;
SRI. B.L. SANJEEV, ADVOCATE FOR R1 TO R4)
THIS WP 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 12.09.2023, 15.12.2023, 08.03.2024, 10.06.2024, 09.10.2024, 06.01.2025, 18.04.2025 AND 14.05.2025(2NOS.) AT ANNEXURE E TO E8 AND DIRECT THE RESPONDENTS TO MAKE PAYMENT OF RS.14,01,840/- (RUPEES FOURTEEN LAKH ONE THOUSAND EIGHT HUNDRED AND FORTY ONLY) AS AGAINST WORK ORDER DATED 28.04.2023 AT ANNEX-C ALONG WITH AN INTEREST OF 18% 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:
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HC-KAR NC: 2025:KHC:42746 WP No. 30028 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 4. Sri. S.R. Dodwad, learned ASG accepts notice for respondent Nos.5 and 6.
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 12.09.2023, 15.12.2023, 08.03.2024, 10.06.2024, 09.10.2024, 06.01.2025, 18.04.2025 and 14.05.2025(2nos.) at annexure e to e8 and direct the respondents to make payment of rs.14,01,840/- (rupees fourteen lakh one thousand eight hundred and forty only) as against work order dated 28.04.2023 at annex-c 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 the bills, which have been submitted by the petitioner and the representation submitted by the petitioner for payment of amounts towards the work done at Annexures-E to E8 have not been considered by the respondents.
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HC-KAR NC: 2025:KHC:42746 WP No. 30028 of 2025
4. Whenever any bills are submitted for payment, it would be required for the respondents to consider the same and pass necessary orders either by accepting and making payment of the due amounts or rejecting the claim made by the petitioner. Needless to say, if an order of rejection is passed, the same would have to be accompanied by the reasons. Neither having been done, I pass the following:
ORDER
i. Writ petition is allowed.
ii. A mandamus is issued directing respondent No.1 to consider the representation of the petitioner at Annexures-E to E8 within a period of four weeks from today and pass necessary orders.
iii. It is made clear that this Court has not expressed any opinion on the entitlement of the petitioner for the amounts claimed.
SD/- (SURAJ GOVINDARAJ) JUDGE VM List No.: 1 Sl No.: 32