M/S DURGI ENTERPRISES v. THE ADDITIONAL DISTRICT ELECTION OFFICER
WP/21937/2025 · 2025-12-11
R Nataraj
body2025
DailyLaw.ai
[ 2025 DAILYLAW 72678 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 72678 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:52751 WP No. 21937 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ WRIT PETITION NO. 21937 OF 2025 (LB-ELE) BETWEEN:
M/S DURGI ENTERPRISES HAVING OFFICE AT NO.12, GROUND FLOOR, 22ND MAIN, PADMANABHANAGAR, BENGALURU - 560070 THROUGH ITS PROPRIETOR CONCERN SRI. VENKATESH S/O LATE MUNI VENKATAPPA AGED ABOUT 42 YEARS, R/AT NO 20, 3RD CROSS, 4TH MAIN, NEW BYATARAYANAPURA, MYSORE ROAD, BENGALURU-560026. …PETITIONER (BY SRI. VINAYA KUMAR N.D., ADVOCATE) AND:
1. THE ADDITIONAL DISTRICT ELECTION OFFICER (SOUTH) CUM ZONAL COMMISSIONER BBMP SOUTH ZONE, OFFICE AT 9TH MAIN, 9TH CROSS, JAYANAGAR, BENGALURU-560 011
2. THE EXECUTIVE ENGINEER (PROJECT SOUTH) BRUHAT BENGALURU MAHANAGARA PALIKE (BBMP) SOUTH ZONE OFFICE COMPLEX, 9TH MAIN, 9TH CROSS, JAYANAGAR, BENGALURU-560 011. 3. THE CHIEF ELECTION COMMISSIONER OFFICE AT ELECTION COMMISSION OF INDIA, NIRVACHAN SADAN, ASHOKA ROAD, NEW DELHI-110001
Digitally signed by MARKONAHALLI RAMU PRIYA Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:52751 WP No. 21937 of 2025
4. THE CHIEF ELECTORAL OFFICER KARNATAKA NIRVACHANA NILAYA, SHESHADRI ROAD, AMBEDKAR VEEDHI, BENGALURU-560 001. EMAIL: ceokarnataka@eci.gov.in
5. THE CHIEF ENGINEER BBMP (SOUTH) BRUHAT BENGALURU MAHANAGARA PALIKE (BBMP) SOUTH ZONE OFFICE COMPLEX, 9TH MAIN, 9TH CROSS, JAYANAGAR, BENGALURU-560 011. 6. THE CHIEF COMMISSIONER BRUHAT BENGALURU MAHANAGARA PALIKE (BBMP) HUDSON CIRCLE (CORPORATION CIRCLE), N.R. SQUARE, BENGALURU 560-002
7. THE ASSISTANT RETURNING OFFICER (ARO) BRUHAT BENGALURU MAHANAGARA PALIKE (BBMP) 170-BASAVANAGUDI CONSTITUENCY-560004. 8. THE ASSISTANT RETURNING OFFICER (ARO) BRUHAT BENGALURU MAHANAGARA PALIKE (BBMP) 172-BTM LAYOUT CONSTITUENCY-560076. 9. THE ASSISTANT RETURNING OFFICER (ARO) BRUHAT BENGALURU MAHANAGARA PALIKE (BBMP) 175-BOMMANAHALLI CONSTITUENCY-560068. 10. THE ASSISTANT RETURNING OFFICER (ARO) BRUHAT BENGALURU MAHANAGARA PALIKE (BBMP) 166-GOVINDARAJANAGARA CONSTITUENCY-560040. 11. THE ASSISTANT RETURNING OFFICER (ARO) BRUHAT BENGALURU MAHANAGARA PALIKE (BBMP) 173-JAYANAGARA CONSTITUENCY-560011. 12. THE ASSISTANT RETURNING OFFICER (ARO) BRUHAT BENGALURU MAHANAGARA PALIKE (BBMP) 171-PADMANABHANAGARA CONSTITUENCY-560070. 13. THE ASSISTANT RETURNING OFFICER (ARO) BRUHAT BENGALURU MAHANAGARA PALIKE (BBMP)
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HC-KAR NC: 2025:KHC:52751 WP No. 21937 of 2025
167-VIJAYANAGARA CONSTITUENCY-560040. 14. THE ELECTORAL REGISTRATION OFFICER (ERO) BRUHAT BENGALURU MAHANAGARA PALIKE (BBMP) 170-BASAVANAGUDI CONSTITUENCY-560004. 15. THE ELECTORAL REGISTRATION OFFICER (ERO) BRUHAT BENGALURU MAHANAGARA PALIKE (BBMP) 172-BTM LAYOUT CONSTITUENCY-560076. 16. THE ELECTORAL REGISTRATION OFFICER (ERO) BRUHAT BENGALURU MAHANAGARA PALIKE (BBMP) 175-BOMMANAHALLI CONSTITUENCY-560068. 17. THE ELECTORAL REGISTRATION OFFICER (ERO) BRUHAT BENGALURU MAHANAGARA PALIKE (BBMP) 166-GOVINDARAJANAGARA CONSTITUENCY-560040. 18. THE ELECTORAL REGISTRATION OFFICER (ERO) BRUHAT BENGALURU MAHANAGARA PALIKE (BBMP) 173-JAYANAGARA CONSTITUENCY-560011. 19.
THE ELECTORAL REGISTRATION OFFICER (ERO) BRUHAT BENGALURU MAHANAGARA PALIKE (BBMP) 171-PADMANABHANAGARA CONSTITUENCY-560070. 20. THE ELECTORAL REGISTRATION OFFICER (ERO) BRUHAT BENGALURU MAHANAGARA PALIKE (BBMP) 167-VIJAYANAGARA CONSTITUENCY-560040. …RESPONDENTS (BY SRI. B.L. SANJEEV, ADVOCATE FOR RESPONDENT NOS.1, 2 AND 5 TO 20) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE ENTIRE RECORDS PERTAINING TO THE PETITIONER'S CONTRACTUAL ENGAGEMENT AND REPRESENTATIONS SUBMITTED TO THE RESPONDENTS, IN CONNECTION WITH THE WORK AWARDED UNDER WORK ORDER NO. EE(P-S)/WO/04/2023-24 DATED 17.04.2023 VIDE ANNEXURE-E AND DIRECT THE RESPONDENTS TO FORTHWITH
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HC-KAR NC: 2025:KHC:52751 WP No. 21937 of 2025
CONSIDER AND ACT UPON THE PETITIONER'S REPRESENTATIONS DATED 16.01.2025 AND 06.03.2025 (PRODUCED AS ANNEXURES- A AND B), AND TAKE NECESSARY STEPS FOR REDRESSAL OF THE GRIEVANCE RAISED THEREIN AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE R. NATARAJ
ORAL ORDER The petitioner has sought for a writ in the nature of mandamus to direct the respondents to forthwith consider and act upon its representations dated 16.01.2025 and 06.03.2025. It has also sought for a direction to respondents to release the outstanding amount of Rs.1,17,46,830/- (Rupees One Crore Seventeen Lakhs Forty Six Thousand Eight Hundred and Thirty only) towards services rendered under the Work Order bearing No.EE(P-S)/WO/04/2022-23 dated 17.04.2023 along with interest at 21% per annum as admitted and acknowledged in the Work Satisfaction Completion Report dated 12.08.2023. 2. (i) The petitioner claims that a Work Order dated 17.04.2023 was issued to it by the respondent No.2 for video graphing services during Karnataka Legislative Assembly Election, 2023. The petitioner submitted a bill for a sum of
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HC-KAR NC: 2025:KHC:52751 WP No. 21937 of 2025
Rs.2,22,55,390/- of which, the respondents released Rs.1,05,27,186/- and balance sum of Rs.1,17,46,830/- is unpaid. The petitioner submitted representations dated 16.01.2025 and 06.03.2025 but the respondents failed to consider the representations and failed to release the payment.
(ii) The petitioner is therefore, before this Court seeking for a direction to consider the representations to release the amount. 3. The learned counsel for the petitioner contended that the respondents have issued a Work Satisfaction Report, which shows that the petitioner had satisfactorily provided services which were valued at a sum of Rs.2,22,55,390/-. He contends that the respondents have released Rs.1,05,27,186/- and therefore, are bound to release a sum of Rs.1,17,46,830/-. He contends that this amount is admitted and therefore, the respondents are bound to be directed to release the same. 4. Per contra, the learned counsel for the respondent Nos.1, 2 and 5 to 20 contends that the petitioner has executed the work and certain amounts are paid. He contends that if the petitioner had submitted representations, the same would be
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HC-KAR NC: 2025:KHC:52751 WP No. 21937 of 2025
considered in accordance with law. He however, was not able to take a stand as to whether the work completion certificate is issued to the petitioner or not. 5. In view of the above, since the execution of the work by the petitioner is not in dispute and since the petitioner has submitted a bill for a sum of Rs.2,22,55,390/- and since it is stated that Work Satisfaction Completion Certificate dated 12.08.2023 is already issued by the Executive Engineer (Project) (South), the respondents are directed to consider the representations of the petitioner, as stated above and if the petitioner is entitled to, the respondents shall take forthwith steps to release the balance amount payable to the petitioner. This shall be done within a period of eight weeks from the date of receipt of certified copy of this Order. 6. The writ petition stands disposed off on the above terms. Sd/- (R. NATARAJ) JUDGE PMR List No.: 1 Sl No.: 13