- 1 - HC-KAR NC: 2025:KHC:52338 WP No. 7316 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.7316 OF 2023 (GM-RES) BETWEEN: 1. SRI. S. M. ANAND S/O SRI. SOMASHEKHAR MARAKALA, AGED ABOUT 56 YEARS, SANTHRUPTHI, NO. 4-175-B, NEAR JILLA PANCHAYATH HIGHER PRIMARY SCHOOL, KODI KANYANA VILLAGE, VIA SASTHANA, UDUPI TALUK AND DISTRICT, KARNATAKA - 576226. …PETITIONER (BY SRI. M.A. RAJENDRA, ADVOCATE) AND: 1. THE CHIEF SECRETARY GOVT. OF KARNATAKA, III FLOOR, VIDHANA SOUDHA, BENGALURU - 560001. 2. THE ADDITIONAL CHIEF SECRETARY GOVT. OF KARNATAKA WATER RESOURCES DEPARTMENT, 3RD FLOOR, VIKASA SOUDHA, BENGALURU - 560002. 3. THE SECRETARY, GOVT. OF KARNATAKA, WATER RESOURCE DEPT., Digitally signed by ARUNKUMAR M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:52338 WP No. 7316 of 2023 III FLOOR, VIKASA SOUDHA, BENGALURU - 560001. 4. THE MANAGING DIRECTOR, KBJNL, PWD ANNEX, III FLOOR, K.R.CIRCLE, BENGALURU - 560001. 5. THE GENERAL MANAGER, FINANCE AND CHIEF FINANCE OFFICER, KBJNL, PWD ANNEX, III FLOOR, K.R.CIRCLE, BENGALURU - 560001. 6. THE CHIEF ENGINEER KBJNL, CANAL-ZONE-I, BHIMARAYANAGUDI, SHAHAPUR TALUK, YADAGIRI DISTRICT, KARNATAKA - 585 287. 7. THE SUPERNTENDENT ENGINEER, KBJNL, J.B.C. CIRCLE, BHIMARAYANAGUDI, SHAHAPUR TALUK, YADAGIRI DISTRICT - 585 287. 8. THE ASST. EXECUTIVE ENGINEER KBJNL, JBC SUB-DIVISION NO.7, BHALKI TALUK, BIDAR DISTRICT, KARNATAKA - 585401. 9. THE EXECUTIVE ENGINEER, KBJNL, J.B.C. DIV-2, BHIMARAYANAGUDI, SHAHAPUR TALUK, YADAGIRI DISTRICT - 585 287. 10. THE CHAIRMAN AND MANAGING DIRECTOR KARNATAKA BANK LTD., - 3 - HC-KAR NC: 2025:KHC:52338 WP No. 7316 of 2023 HEAD OFFICE, MAHAVEER CIRCLE, MANGALURU - 575002. 11. THE SENIOR BRANCH MANAGER, KARNATAKA BANK LTD., KUNDAPURA BRANCH, LATHA MAHAL, NEAR OLD BUS STAND, KUNDAPURA, UDUPI DISTRICT - 576 201. 12. THE DIRECTOR, CENTRAL BUREAU OF INVESTIGATION, NO.36, BELLARY ROAD, GANGA NAGAR, BENGALURU - 560032. …RESPONDENTS (BY SRI. MAHANTESH SHETTAR, AGA FOR R1 TO R3; SRI. PRASHANTH B.R., ADVOCATE FOR R4; SRI. P. PRASANNA KUMAR, ADVOCATE FOR R12; R5 TO R9 & R11 ARE SERVED AND UNREPRESENTED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE AGREEMENT DATED 02.06.2006 AS INVALID AND ILLEGAL AND IT IS HIT BY THE DOCTRINE OF FRUSTRATION AND ALSO THE AGREEMENT BECAME VOID AB-INITIO UNDER SEC.56 OF INDIAN CONTRACT ACT, WHERE HALAHALLI BRIDGE CUM BARRAGE, IS IMPOSSIBLE TO CONSTRUCT WITHIN THE PERIOD OF 18 MONTHS UNDER THE GIVEN GROUND LEVEL SITUATION EXPLAINED IN DETAIL IN FIRST GROUND;TO DECLARE AGREEMENT DATED 02.06.2006 AND - 4 - HC-KAR NC: 2025:KHC:52338 WP No. 7316 of 2023 SUPPLEMENTARY AGREEMENT DATED 16.11.2007 AS INVALID AND ILLEGAL AND IT IS HIT BY THE DOCTRINE OF FRUSTRATION AND ALSO THE AGREEMENT BECAME VOID-AB- INITIO UNDER SEC 56 OF INDIAN CONTRACT ACT, WHERE HALAHALLI BRIDGE CUM BARRAGE IS IMPOSSIBLE TO CONSTRUCT WITHIN THE PERIOD OF 15 DAYS UNDER THE CONTRACT PERIOD OF 18 MONTHS AS DEALT IN DETAIL LIN SECOND GROUND; AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER 1. Heard learned counsel appearing for the parties. 2. Taking into consideration that prayer made in this writ petition, whereby, the petitioner herein has sought for a declaration of the impugned agreement as illegal which requires an enquiry, in that view of the matter, as disputed questions of fact are involved in this writ petition, no interference is called for in this writ petition. - 5 - HC-KAR NC: 2025:KHC:52338 WP No. 7316 of 2023 3. Accordingly, reserving liberty to the petitioner to approach the competent forum / Court for redressal of grievances, the writ petition is dismissed. SD/- (E.S.INDIRESH) JUDGE sac List No.: 1 Sl No.: 18