- 1 - NC: 2025:KHC-D:3355 WP No. 103946 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 19TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO.103946 OF 2024 (GM-RES) BETWEEN: BHADRAVADI CHANDRASHEKAR, AGE: 46 YEARS, OCC: MANAGING DIRECTOR OF BCR INFRA DEVELOPERS INDIA PRIVATE LIMITED R/O: NO. KJ/1A WARD NO. 07 NEAR THAMBRAHALLI, CIRCLE HAGARIBOMMANAHALLI, DIST: VIJAYANAGARA – 583 212. …PETITIONER (BY SRI B. C. JNANAYYASWAMI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, DEPARTMENT OF PUBLIC WORKS DEPARTMENT, VIDHAN SOUDHA, BENGALURU 560 001, BY ITS UNDER SECRETARY. 2. THE DEPUTY COMMISSIONER, VIJAYANAGARA – 583 212. Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench - 2 - NC: 2025:KHC-D:3355 WP No. 103946 of 2024 3. THE SUPERINTENDENT ENGINEER, PWD OFFICE, BALLARI CIRCLE, BALLARI – 583 101. 4. THE EXECUTIVE ENGINEER PUBLIC WORKS DEPARTMENT DIVISION HOSAPETE, DIST: VIJAYANAGARA – 583 212. 5. THE ASSISTANT EXECUTIVE ENGINEER PUBLIC WORKS DEPARTMENT, HAGARIBOMMANAHALLI, DIST: VIJAYNAGAR – 583 219. …RESPONDENTS (BY SRI SHARAD V. MAGADUM, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO WRIT IN THE NATURE OF MANDAMUS OR ANY OTHER WRIT OR ORDER DIRECTION, DIRECTING THE RESPONDENT NO.2 AND 5 TO CONSIDER THE REPRESENTATIONS DATED 7.06.2024 (ANNEXURE-F) AND 11.06.2024 (ANNEXURE-F1) AND FURTHER DIRECTED TO PROVIDE MARK OUT FOR IMPROVEMENTS TO SH-131, HAMPI-KAMALAPURA ROAD FROM KM-198.15 TO 198.75 IN H.B. HALLI TOWN LIMITS, AS IN THE INTEREST OF JUSTICE AND EQUITY AND ETC., THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEAIRNG B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC-D:3355 WP No. 103946 of 2024 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) The petitioner is before this Court seeking the following prayer: “a)Writ in the nature of Mandamus or any other writ or order direction, directing the respondent No.2 and 5 to consider the representations dated 7.06.2024 (Annexure-F) and 11.06.2024 (Annexure-F1) and further directed to provide mark out for improvements to SH-131, Hampi - Kamalapura Road from KM-198.15 to 198.75 in H.B. Halli town limits, as in the interest of justice and equity. b) Such other writ or orders or direction may deem fit under the facts and circumstances of the case, be issued in the interest of justice;” 2. The petitioner participates in a tender notified on 21.12.2023. The petitioner emerges successful, work order is issued in favour of the petitioner. Agreement is also entered into, but the work is not permitted to be executed, on an apprehension that the respondents may change the agency. The petitioner was before this Court. This Court on 10.07.2024, protected the interest of the petitioner, by the following order: “Having heard the learned counsel appearing for petitioner and learned HCGP appearing for - 4 - NC: 2025:KHC-D:3355 WP No. 103946 of 2024 respondent/State, this Court is of the view that respondents are trying to change agency at the instruction of a local MLA. Pending consideration of captioned writ petition, the respondents are hereby directed not to change the agency in respect of SH-131, Hampi- Kamalapura road from KM-198.15 to 198.75 in H.B.Halli town limits, till next date of hearing. Learned HCGP is directed to accept notice for respondents. Re-list this matter on 18.07.2024 in preliminary hearing.” This interim order is subsisting even as on date. 3. The learned counsel for the petitioner submits that if a direction is issued to consider the representation and permit the petitioner to work in terms of the representation, it would suffice for the present. 4. Learned AGA would submit that if four weeks time is granted, the representation of the petitioner would be considered and the petitioner would be permitted to execute the work in accordance with law. 5. In that light, I deem it appropriate to dispose the petition directing the respondents to consider the - 5 - NC: 2025:KHC-D:3355 WP No. 103946 of 2024 representation of the petitioner and pass necessary orders for the purpose for which it is submitted, bearing in mind the observations made in the course of the order, within an outer limit of four weeks from the date of receipt of a copy of this order. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE NAA/CT-ASC List No.: 1 Sl No.: 23