CYBERNETICS R/BY ITS PARTNER JAMUNA BILAGI v. EXECUTIVE OFFICER
WP/105172/2024 · 2025-02-21
Suraj Govindaraj
body2025
DailyLaw.ai
[ 2025 DAILYLAW 6932 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 6932 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
- 1 -
NC: 2025:KHC-D:3636 WP No. 105172 of 2024
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 21ST DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 105172 OF 2024 (LB-RES) BETWEEN:
CYBERNETICS R/BY ITS PARTNER JAMUNA BILAGI AGE 43 YEARS OCC BUSINESS R/O SHREE EKAVEERA NILAY LINGRAJ NAGAR NORTH HUBBALLI, DIST DHARWAD
…PETITIONER (BY SRI. SHUBHENDU.A.AKALWADI, ADVOCATE)
AND:
EXECUTIVE OFFICER TALUK PANCHAYATH OFFICE SANDUR ROAD, HOSAPETE 583201
…RESPONDENT (BY SRI. V. SHIVARAJ HIREMATH., ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE THE WRIT IN THE NATURE OF MANDAMUS BY DIRECTING THE RESPONDENT AUTHORITY TO RELEASE THE PAYMENT DUES TO THE PETITIONER IN TERMS OF TAX INVOICE VIDE ANNEXURE-C AND C1 DATED. 01- 03-2022 ALONG WITH INTEREST FOR HAVING DELAYED AND NOT PAID SINCE PAST MORE THAN 2 YEARS AND ETC. THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ASHPAK KASHIMSA MALAGALADINNI Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: High Court of Karnataka, Dharwad Bench Date: 2025.02.25 15:12:52 +0530
- 2 -
NC: 2025:KHC-D:3636 WP No. 105172 of 2024
ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ)
1. Sri.V.Shivaraj Hiremath, counsel accepts notice for respondent. 2. The petitioner is before this Court seeking for the following reliefs: i. Issue the writ in the nature of Mandamus by directing the respondent authority to release the payment dues to the petitioner in terms of tax invoice vide Annexure-C & C1 dated 01.03.2022 along with interest for having delayed and not paid since past more than 2 years. ii. Any other relief as deems fit to this Hon’ble Court, in the interest of justice and equity. 3. The grievance of the petitioner is that the invoices submitted by the petitioner at Annexures-C and C1 dated 1-3-2022 and oral request made by the petitioner have not been considered by the respondent for last nearly two years. It is in that background that the above reliefs are sought for. 4. The invoices having been submitted by the petitioner, it is for the respondent to either make payment of monies
- 3 -
NC: 2025:KHC-D:3636 WP No. 105172 of 2024
due thereon or to reject the claim of the petitioner. Neither having been done, the petitioner has been forced to come to this Court. 5.
In that view of the matter, I pass the following: ORDER i) The Writ Petition is allowed. ii) A mandamus is issued directing respondent - authorities to consider the request and the invoice submitted by the petitioner and pass necessary orders either making payment or rejecting the claim within a period of 30 days from the date of receipt of copy of this order, if an order of rejection is made needless to say such order will have to be accompanied by reasons. Sd/- (SURAJ GOVINDARAJ) JUDGE PRS/List No.: 1 Sl No.: 69