M/S CHEFTALK FOOD AND HOSPITALITY SERVICES PVT. LTD., v. STATE OF KARNATAKA
WP/104834/2024 · 2025-09-16
Suraj Govindaraj
body2025
DailyLaw.ai
[ 2025 DAILYLAW 50128 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 50128 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC-D:12151 WP No. 104834 of 2024
IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 16TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 104834 OF 2024 (GM-RES) BETWEEN: M/S. CHEFTALK FOOD AND HOSPITALITY SERVICES PVT. LTD., HAVING REGISTERED OFFICE AT NO.1 AND 2, 18TH CROSS, 5TH WARD, MUNIREDDY LAYOUT, MANGAMMANAPALYA BANGALORE-560001, R/BY. ITS MANAGING DIRECTOR, GOVINDA BABU POOJARI, S/O. BABU POOJARI, AGED ABOUT 46 YEARS, &PETITIONER (BY SRI. V. SRINIVAS AND SRI. SHARAD MALGOUND PATIL, ADVOCATES)
AND:
1. STATE OF KARNATAKA R/BY. ITS SECRETARY TO URBAN DEVELOPMENT DEPARTMENT, M.S.BUILDING, BANGALORE-560001. 2. THE DIRECTOR MUNCIPAL ADMINISTRATIVE DEPARTMENT, V.V. TOWER, DR. AMBEDKAR VEEDHI, BANGALORE-560001. 3. THE DEPUTY COMMISSIONER BELLARI DISTRICT, BELLARI-571313. Digitally signed by SAROJA HANGARAKI Location: High Court of Karnataka, Dharwad Bench, Dharwad
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HC-KAR NC: 2025:KHC-D:12151 WP No. 104834 of 2024
4. THE COMMISSIONER BELLARY MUNCIPAL CORPORATION, BELLARI-571313. 5. THE PROJECT DIRECTOR DISTRICT URBAN DEVELOPMENT CELL, OFFICE OF DEPUTY COMMISSIONER, BELLARI DISTRICT, BELLARY-571313. &RESPONDENTS (BY SRI. SHARAD V. MAGADUM, AGA FOR R1 TO R3;
SRI. SHARANABASAVARAJ C., ADVOCATE FOR R4)
THIS WP IS FILED UNDER ORDER 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO A) ISSUE A WRIT OF MANDAMUS OR ANY OTHER WRIT OF LIKE NATURE AND DIRECT THE RESPONDENT NO.3 TO 5 TO CONSIDER THE REPRESENTATION GIVEN ON 20/12/2023 TO RESPONDENT NO.3 TO 5 I.E., ANNEXURE-C TO C2 RESPECTIVELY AND ALSO THE INVOICES SUBMITTED FOR THE MONTH OF DECEMBER 2023 TO MARCH 2024 VIDE ANNEXURE-D INVOICE NO.0151 DT. 31 DEC
2023. D INVOICE NO.0152 DT 31 JAN 2024, D2 INVOICE NO.0171 DT 29 FEB-2024 AND D3 INVOICE NO.0181 DT. 31 MAR 2024 RESPECTIVELY AND TO RELEASE THE ARREARS OF AMOUNT OF RS.7.93.76.282 (RS. SEVEN CRORES NINETHREE LAKHS SEVENTY SIX THOUSAND TWO HUNDRED AND EIGHTY TWO ONLY) TOGETHER WITH INTEREST AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ)
1.
The petitioner is before this Court seeking for the following reliefs: a. Issue a writ of mandamus or any other writ of like nature and direct the respondent No.3 to
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HC-KAR NC: 2025:KHC-D:12151 WP No. 104834 of 2024
5 to consider the representation given on 20/12/2023 to respondent no.3 to 5 i.e., Annexure-C to C2 respectively and also the Invoices submitted for the month of December 2023 to March 2024 vide Annexure-D Invoice No.0151 Dt. 31 Dec
2023. D Invoice No.0152 Dt 31 Jan 2024, D2 Invoice No.0171 Dt 29 feb-2024 and D3 Invoice No.0181 Dt. 31 Mar 2024 respectively and to release the arrears of amount of Rs.7,93,76,282 (Rs. Seven Crores Ninety three Lakhs Seventy Six Thousand Two Hundred and Eighty Two Only) together with interest. b. Grant any other remedy that this Hon9ble Court deems fit in the
facts and circumstances of the case.
2. The grievance of the petitioner is that though the petitioner has complied with and completed the works pursuant to a tender/work order which had been allotted to him, the bills raised in respect thereto have not been paid by the respondents.
3. Whenever any bills are raised in pursuance of a tender, the employer is required to either accept and make payments of the same or reject the bills raised, by examining the same in terms of the tender/work
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HC-KAR NC: 2025:KHC-D:12151 WP No. 104834 of 2024
order. The respondent employer cannot keep the bills pending, without issuing any order to the petitioner.
4. In that view, the matter I pass the following:
ORDER i) Writ petition is allowed. ii) Respondent Nos.3 to 5 are directed to consider the representation of the petitioner at Annexures-C series and D series along with the tender/work
order and all other contractual documents, and pass necessary orders either accepting or rejecting the bills within a period of 4 weeks from the date of receipt of a copy of this order.
Sd/- (SURAJ GOVINDARAJ) JUDGE
SH Ct:pa List No.: 1 Sl No.: 45