M/S. K K ENTERPRISES v. THE ADDITIONAL DISTRICT ELECTION OFFICER (SOUTH)
WP/30013/2025 · 2025-12-10
Suraj Govindaraj
body2025
DailyLaw.ai
[ 2025 DAILYLAW 71912 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 71912 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
- 1 -
HC-KAR NC: 2025:KHC:52455 WP No. 30013 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 30013 OF 2025 (GM-TEN) BETWEEN:
M/S. K K ENTERPRISES A REGISTERED PROPRIETORSHIP HAVING REGISTERED OFFICE AT :
NO.34, CELLAR, JM ARCADE, ANNIPURA CROSS ROAD, 3RD STAGE, SUDHAMANAGAR, BENGALURU 560 027 REPRESENTED BY ITS PROPRIETRIX SHRIDEVI SHAHSHIKUMAR …PETITIONER (BY SRI. RANGANATH R. PATEL, ADVOCATE)
AND:
1.
THE ADDITIONAL DISTRICT ELECTION OFFICER [SOUTH] BRUHATH BENGALURU MAHANAGARA PALIKE, NR SQUARE BENGALURU- 560 002
2.
THE CHIEF COMMISSIONER BRUHATH BENGALURU MAHANAGARA PALIKE BBMP HEAD OFFICE, CORPORATION CIRCLE
3.
THE EXECUTIVE ENGINEER (PROJECT) SOUTH ZONE, 9TH MAIN, 9TH CROSS, JAYANAGARA 2ND BLOCK, BANGALORE 560 011
Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA
- 2 -
HC-KAR NC: 2025:KHC:52455 WP No. 30013 of 2025
4.
ELECTORAL REGISTRATION OFFICER, 166-GOVINDRAJNAGAR LAC, BBMP, BENGALURU- 560 002
5.
ELECTORAL REGISTRATION OFFICER, 167-VIJAYNAGAR LAC, BBMP, BENGALURU- 560 002
6.
ELECTORAL REGISTRATION OFFICER, 170-BASVANGUDI LAC, BBMP, BENGALURU-560 002
7.
ELECTORAL REGISTRATION OFFICER, 171-PADMANBHANAGAR LAC, BBMP, BENGALURU- 560 002
8.
ELECTORAL REGISTRATION OFFICER 172-B.T.M. LAYOUT LAC, BBMP, BENGALURU 560 002
9.
ELECTORAL REGISTRATION OFFICER, 173-JAYANAGAR LAC, BBMP, BENGALURU- 560 002
10. ELECTORAL REGISTRATION OFFICER, 173-BOMMANAHALLI LAC, BBMP, BENGALURU- 560 002
11. THE CHIEF ELECTION COMMISSIONER, ELECTION COMMISSION OF INDIA, NIRVACHAN SADAN, ASHOKA ROAD, NEW DELHI-110 001
12. THE CHIEF ELECTORAL OFFICER KARNATAKA NIRVACHANA NILAYA, SHESADRI ROAD, AMBEDKAR VEEDHI, BENGALURU-560 001. …RESPONDENTS (BY SRI. B L SANJEEV, ADVOCATE FOR R1 TO R10;
S.R.DODWAD, ADVOCATE FOR R11 AND R12)
- 3 -
HC-KAR NC: 2025:KHC:52455 WP No. 30013 of 2025
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-H) AND RELEASE THE PAYMENTS AS AGAINST THE BILLS SUBMITTED BY THE PETITIONER FOR THE SUM OF RS.52,16,577/- (RUPEES FIFTY-TWO LAKH SIXTEEN THOUSAND FIVE HUNDRED AND SEVENTY-SEVEN ONLY) ALONG WITH AN INTEREST OF 18% 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
ORAL ORDER
1. Sri.B.L. Sanjeev, learned counsel accepts notice for respondent Nos.1 to 10. Sri.S.R. Dodwad, learned counsel accepts notice for respondent Nos.11 and 12.
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-H) and release the payments as against the bills submitted by the Petitioner for the sum of Rs.52,16,557/- (Rupees Fifty-Two Lakh sixteen Thousand Five Hundred and Seventy- Seven Only) along with an interest of 18% per annum from the date it is due till the date of payments,
- 4 -
HC-KAR NC: 2025:KHC:52455 WP No. 30013 of 2025
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 the amounts due to the petitioner in the election related works carried out by the petitioner have not been paid and as such, the petitioner has submitted a representation on 01.09.2025 at Annexure H which has also not been considered.
4. Whenever any bill and a representation thereafter is submitted to the authority, it is required to be considered and necessary orders passed thereon, either accepting the request made or rejecting the same.
5. Needless to say, if the order of rejection is passed, same would have to be accompanied by reason. Neither having been done, I pass the following:
ORDER (i) Writ Petition is allowed.
- 5 -
HC-KAR NC: 2025:KHC:52455 WP No. 30013 of 2025
(ii) Respondents are directed to consider the representation of the petitioner dated 01.09.2025 at Annexure H and pass necessary orders within thirty days from the date of receipt of a copy of this order. (iii) It is made clear that this Court has not expressed any opinion on the entitlement of the petitioner.
SD/- (SURAJ GOVINDARAJ) JUDGE
BMV* List No.: 1 Sl No.: 107