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2025 DAILYLAW 62158 (KAR)

P H ELECTRIC COMPANY v. THE STATE OF KARNATAKA

WP/106856/2025 · 2025-09-17

Suraj Govindaraj

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:12314 WP No. 106856 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 17TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 106856 OF 2025 (LB-RES) BETWEEN: P.H. ELECTRIC COMPANY DHAJIBAN PETH, HUBBALLI, DIST. DHARWAD 580028, BY ITS PROPRIETOR,PAVAN SONARAM RATHOD. …PETITIONER (BY SRI. SADIQALI N. GOODWALA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA R/BY. ITS PRINCIPAL SECRETARY, DEPARTMENT OF URBAN DEVELOPMENT, M.S.BUILDING, DR. AMBEDKAR VEEDHI, BENGALURU-560001. 2. THE DEPUTY COMMISSIONER HAERI DIST. HAVERI-581110. 3. THE GRAM PANCHAYAT TADAS TQ. SHIGGAON, DIST. HAVERI-581212, BY ITS PRESIDENT. 4. THE PANCHAYAT DEVELOPMENT OFFICER GRAM PANCHAYAT OFFICE, TADAS, TQ. SHIGGAON, DIST. HAVERI-581212. …RESPONDENTS (BY SRI. RAMESH B. CHIGARI, AGA FOR R1 AND R2; SRI. M.M. KHANNUR, ADVOCATE FOR R3 AND R4) Digitally signed by SAROJA HANGARAKI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:12314 WP No. 106856 of 2025 THIS WP IS FILED UNDER ORDER 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO (I) A WRIT IN A NATURE OF MANDAMUS DIRECTING THE RESPONDENT NO.3 AND 4 TO RELEASE THE AMOUNT DUE TO THE PETITIONER BY CONSIDERING THE REPRESENTATION DATED 18.08.2025 VIDE ANNEXURE-B. (II) ISSUE SUCH OTHER RELIEFS AS THIS HON BLE COURT DEEMS FIT IN THE CIRCUMSTANCES OF THE CASE. 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. Learned AGA accepts notice for respondent Nos.1 and 2. 2. Sri.M.M.Khannur, learned counsel is directed to accept notice for respondent Nos.3 and 4. 3. The Petitioner is before this Court seeking for the following reliefs: i. A writ in a nature of Mandamus directing the Respondent No.3 and 4 to release the amount due to the Petitioner by considering the representation dated 18.08.2025 vide Annexure-B. ii. Issue such other reliefs as this Hon’ble Court deems fit in the circumstances of the case. - 3 - HC-KAR NC: 2025:KHC-D:12314 WP No. 106856 of 2025 4. The grievance of the Petitioner is that in pursuance of the work order which had been issued by respondent Nos.3 and 4 to the Petitioner, the Petitioner has supplied certain electrical materials and water pipes and subsequent thereto, raised his invoices. Despite the same, no payment has been made. A representation was submitted on 18.08.2025, which also has not evoked any response. 5. In that background the Petitioner is before this Court seeking for the aforesaid reliefs. 6. Whenever any representation is submitted more particularly as regards the works which have been carried out, in pursuance of work order, it was required for the respondents to consider the same and pass orders either accepting or rejecting the claims of the Petitioner. 7. Neither having been done, I pass the following: - 4 - HC-KAR NC: 2025:KHC-D:12314 WP No. 106856 of 2025 ORDER i. Writ petition is allowed. ii. A mandamus is issued directing respondent Nos.3 and 4 to consider the representation of the Petitioner dated 18.08.2025 in accordance with the contractual arrangement entered into between the petitioner and respondent Nos.3 and 4 within a period of 4 weeks from the date of receipt of a copy of this order. iii. It is made clear that this Court has not expressed any opinion on the entitlement of the Petitioner for the said amounts. Sd/- (SURAJ GOVINDARAJ) JUDGE Sh Ct:pa List No.: 1 Sl No.: 23