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2025 DAILYLAW 69488 (KAR)

M/S. SRIDEVI K K ENTERPRISES v. THE ADDITIONAL DISTRICT ELECTION OFFICER

WP/30581/2025 · 2025-10-25

Suraj Govindaraj

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:42438 WP No. 30581 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 30581 OF 2025 (GM-TEN) BETWEEN: M/S. SRIDEVI K K ENTERPRISES A REGISTERED PROPRIETORSHIP FIRM, HAVING REGISTERED OFFICE AT NO.34, CELLAR, JM ARCADE, ANNIPURA CROSS ROAD, 3RD STAGE, SUDHAMANAGARA, BENGALURU- 560 027. REPRESENTED BY ITS PROPRIETOR, SRIDEVI. …PETITIONER (BY SRI. PRITHVEESH.M.K., ADVOCATE FOR SRI. RANGANATH R., ADVOCATE) AND: 1. THE ADDITIONAL DISTRICT ELECTION OFFICER (NORTH), 10TH FLOOR, MAYOHALL BUILDING, BRUHATH BENGALURU MAHANAGARA PALIKE, BENGALURU- 560 002. 2. THE CHIEF COMMISSIONER BRUHATH BENGALURU MAHANAGARA PALIKE, BBMP HEAD OFFICE, CORPORATION CIRCLE, N.R.SQUARE, BENGALURU- 560 002. 3. EXECUTIVE ENGINEER (PROJECT) MAHADEVAPURA ZONE, BBMP, MAHADEVAPURA, Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:42438 WP No. 30581 of 2025 BANGALORE- 560 036. 4. ELECTORAL REGISTRATION OFFICER 158-HEBBALA, AC, BBMP, BENGALURU- 560 003. 5. THE SPECIAL COMMISSIONER (ELECTION) BRUHATH BENGALURU MAHANAGARA PALIKE, N.R. SQUARE, BENGALURU- 560 002. 6. THE CHIEF ELECTION COMMISSIONER ELECTION COMMISSION OF INDIA, NIRVACHAN SADAN, ASHOKA ROAD, NEW DELHI- 110 001. 7. THE CHIEF ELECTORAL OFFICER KARNATAKA NIRVACHANA NILAYA, SHESHADRI ROAD, AMBEDKAR VEEDHI, BENGALURU- 560 001, …RESPONDENTS (BY SRI. B.L.SANJEEV, ADVOCATE FOR R1 TO R5; S.R.DODWAD.,ADVOCATE FOR R6 AND R7) *** THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS DIRECTING RESPONDENT NO. 1 TO CONSIDER THE APPEAL LETTER DATED 01.09.2025 (ANNEXURE-G) AND RELEASE THE PAYMENTS AS AGAINST THE BILLS SUBMITTED BY THE PETITIONER FOR THE SUM OF RS.28,09,710.00- (RUPEES TWENTY EIGHT LAKH NINE THOUSAND SEVEN HUNDRED AND TEN ONLY) ALONG WITH AN INTEREST OF 18 PERCENT PER ANNUM FROM THE DATE IT IS DUE TILL THE DATE OF PAYMENTS. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ - 3 - HC-KAR NC: 2025:KHC:42438 WP No. 30581 of 2025 ORAL ORDER 1. Sri.B.L. Sanjeev, learned counsel accepts notice for respondent Nos.1 to 5. Sri. S.R. Dodwad, learned counsel accepts notice for respondent Nos.6 and 7. 2. Petitioner is before this Court seeking for the following reliefs: "a) Issue a writ of mandamus directing respondent No.1 to consider the appeal letter dated 01.09.2025 (Annexure-G) and release the payments as against the bills submitted by the petitioner for the sum of Rs.28,09,710.00 (Rupees Twenty Eight Lakh Nine Thousand Seven Hundred and Ten only) along with an interest of 18% per annum from the date it is due till the date of payments, b) Grant such other reliefs as may be found expedient in the interest of justice and equity." 3. The grievance of the petitioner is that for the works which have been done by the petitioner, the - 4 - HC-KAR NC: 2025:KHC:42438 WP No. 30581 of 2025 respondents have not made payment of the due amounts despite the bills having been raised by them. 4. Whenever any bills are raised on a public Authority, it is required of the public Authority to consider the said bills and make payment of the same, if found due and if not found due, to pass an order of rejection accompanied by reasons. Neither having been done, I pass the following: ORDER (i) Writ Petition is partly allowed; (ii) A mandamus is issued directing the respondent No.1 to consider the supporting documents submitted by the petitioner along with the appeal letter dated 01.09.2025 (Annexure-G) and pass necessary orders, within a period of eight - 5 - HC-KAR NC: 2025:KHC:42438 WP No. 30581 of 2025 weeks from today, i.e. on or before 19.12.2025. SD/- (SURAJ GOVINDARAJ) JUDGE BMV* List No.: 1 Sl No.: 162