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2025 DAILYLAW 68391 (KAR)

SMT. S PUSHPA v. STATE OF KARNATAKA

WP/8719/2022 · 2025-10-16

E S Indiresh

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:41094 WP No. 8719 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 8719 OF 2022 (GM-RES) BETWEEN: 1. SMT. S. PUSHPA W/O LATE N CHINNAPPA RAJU AGED ABOUT 70 YEARS RESIDING AT NO.523 5TH CROSS, MAHALAKSHMI LAYOUT BENGALURU-560086. 2. SRI N C PRABHAKAR AGED ABOUT 44 YEARS SON OF LATE N CHINNAPPA RAJU NO.S.4 VAIBHAV SNEHA BREEZE YESHWANTHAPURA INDUSTRIAL SUBURB BENGALURU-560022. 3. SMT. P. ANITHA AGED ABOUT 58 YEARS WIFE OF LATE N VASUDEV NO.S.4 VAIBHAV SNEHA BREEZE YESHWANTHAPURA INDUSTRIAL SUBURB BENGALURU-560022. 4. SRI N V HARSHA AGED ABOUT 32 YEARS SON OF LATE N VASUDEV NO.S.4 VAIBHAV SNEHA BREEZE YESHWANTHAPURA INDUSTRIAL SUBURB Digitally signed by ARUNKUMAR M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:41094 WP No. 8719 of 2022 BENGALURU-560022. 5. SRI N V DHANUSH AGED ABOUT 24 YEARS SON OF LATE N VASUDEV NO.S.4 VAIBHAV SNEHA BREEZE YESHWANTHAPURA INDUSTRIAL SUBURB BENGALURU-560022. …PETITIONERS (BY SRI. RAMESH R., ADVOCATE FOR SRI. V B SHIVA KUMAR, ADVOCATE) AND: 1. STATE OF KARNATAKA VIDHANA SOUDHA DR AMBEDKAR ROAD BENGALURU-560001. REPRESENTED BY PRINCIPAL SECRETARY PWD DEPARTMENT 2. THE EXECUTIVE ENGINEER NO.2 BUILDING DIVISION PWD, K R CIRCLE BENGALURU-560048. …RESPONDENTS (BY SRI. MAHANTESH SHETTAR, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT AUTHORITIES TO PAY ADMITTED PAYMENT ADMITTED IN THE WORK DONE ENDORSEMENT WHICH IS AT ANNEXURE-D IN TERMS OF THE CERTIFICATE - 3 - HC-KAR NC: 2025:KHC:41094 WP No. 8719 of 2022 DATED 08.1.2011 DIRECTING THE RESPONDENTS TO DISCHARGE THE BILL AMOUNT AT RS.1,12,35,448/- (RUPEES ONE CRORE TWELVE LAKHS THIRTY FIVE THOUSAND FOUR HUNDRED AND FORTY EIGHT). THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER Learned Additional Government Advocate accepts notice for respondents. 2. In this writ petition, the petitioners have sought for writ of mandamus to the respondent- authorities to pay admitted payment in the work done Endorsement as per Annexure- D in terms of the Certificate dated 08.01.2011. 3. Heard the learned counsel appearing for the parties. 4. Having taken note of the submission made by the learned counsel appearing for the parties and - 4 - HC-KAR NC: 2025:KHC:41094 WP No. 8719 of 2022 taking into consideration the claim made by the petitioners which is based on the work done Certificate dated 08.01.2011 (Annexure-D), it is noted that more than 11 years have elapsed since the filing of the writ petition and as such, following the law declared by the Hon'ble Supreme Court in the case of State of Orissa and another vs. Mamata Mohanty reported in AIR 2011 SCW 1132, the writ petition does not survive for consideration. Accordingly, the writ petition is dismissed. SD/- (E.S.INDIRESH) JUDGE SB List No.: 1 Sl No.: 14