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2025 DAILYLAW 70805 (KAR)

M/S TANISUJAN INFRA PVT LTD v. THE SECRETARY

WP/27117/2025 · 2025-10-27

Suraj Govindaraj

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:42713 WP No. 27117 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 27117 OF 2025 (GM-RES) BETWEEN: M/S. TANISUJAN INFRA PVT. LTD., A PRIVATE LIMITED COMPANY REGISTERED UNDER COMPANIES ACT 1956 HAVING OFFICE AT 1134, KARUNA MARGA, 1 STAGE, SIDDARTHANAGARA, MYSURU - 570 011, REPRESENTED BY ITS MANAGING DIRECTOR S.SHIVAKUMARASWAMY …PETITIONER (BY SRI. C.M. JAGADEESH, ADVOCATE) AND: 1. THE SECRETARY PUBLIC WORKS, PORTS INLAND WATER TRANSPORT DEPARTMENT GOVERNMENT OF KARNATAKA VIKAS SOUDHA, AMBEDKAR ROAD, BENGALURU - 560 001 2. EXECUTIVE ENGINEER PUBLIC WORKS, PORTS I NLAND WATER TRANSPORT DEAPRTMENT, SPECIAL DIVISION, NAZARBAD MYSURU - 570 010. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:42713 WP No. 27117 of 2025 3. THE CHIEF ENGINEER C AND B SOUTH, K.R.CIRCLE BENGALURU - 560 001 ALL ARE REPRESENTED BY GOVERNMENT PLEADER, HIGH COURT OF KARNATAKA BENGALURU - 560 001. 4. SUPERINTENDENT ENGINEER PWD, MYSURU CIRCLE, NAZARBAD, MYSURU - 570 010. 5. THE SECRETORY HEALTH AND FAMILY WELFARE DEPARTMENT BENGALURU - 560 009. 6. DEAN AND DIRECTOR MYSURU MEDICAL COLLEGE AND RESEARCH CENTER MYSURU - 570 001. …RESPONDENTS (BY SMT. SARITHA KULKARNI, AGA FOR R1 to 5 SRI CHANDRAKANTH R.GOULAY, ADV. FOR R6) THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTION AGAINST THE RESPONDENTS TO PAY THE BILL AMOUNT OF RS. 5,07,23,191/- TO THE PETITIONER AS PER ANNX-A WITHIN A STIPULATED TIME FRAME AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:42713 WP No. 27117 of 2025 CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. Learned AGA accepts notice for respondent Nos.1 to 5. 2. Sri Chandrakanth R.Goulay, learned counsel is directed to accept notice for respondent No.6. 3. Petitioner is before this Court seeking for the following reliefs: a. Issue writ of mandamus or any other appropriate writ, order or direction against the respondents to pay the bill amount of Rs.5,07,23,191/- to the petitioner as per Annexure A, within a stipulated time frame. b. Direct the respondents to pay the cost of this petition. c. Grant such other relief as may be found necessary under the circumstances of the case, in the interest of justice and equity. 4. The short grievance of petitioner is that in terms of the work order issued, the petitioner has carried out certain works and raised bills which have not been considered and payment made. - 4 - HC-KAR NC: 2025:KHC:42713 WP No. 27117 of 2025 5. Whenever any bills are raised by a contractor in terms of a work order issued, it is but required for the Tendering Authority to consider the same and pass necessary orders either making payment of the amount claimed or rejecting the same. Needless to say if the amounts claimed are rejected, the order of rejection should be accompanied by reasons. Neither having been done, I pass the following: ORDER (i) Writ Petition is allowed; (ii) The respondents are directed to consider the bills raised by the petitioner along with the supporting documents within a period of four weeks and pass necessary orders (iii) It is made clear that this Court has not expressed any opinion on the entitlement of the petitioner for the amounts claimed. Sd/- (SURAJ GOVINDARAJ) JUDGE VM List No.: 1 Sl No.: 17