- 1 - HC-KAR NC: 2025:KHC:37237 WP No. 24438 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI WRIT PETITION NO. 24438 OF 2024 (GM-KEB) BETWEEN: VISHWESHWARAIAH, SO LATE PATEL NANJUNDAPPA, AGED ABOUT 72 YEARS, R/A N. HOSAHAILLI AT POST, NITTUR HOBLI, GUBBI TALUK TUMAKURU DISTRICT - 572 211. …PETITIONER [BY SRI RAVI SHANKAR, ADVOCATE (PH)] AND: 1. EXECUTIVE ENGINEER (ELE.) (V) COMMERCIAL, (ORDER AND MAINTENANCE), BESCOM TUMAKURA DIVISION OFFICE, OPP. KEB CHOWTRY, HORAPETE, TUMAKURU - 572 101. 2. ASSISTANT EXECUTIVE ENGINEER (V) COMMERCIAL, (ORDER AND MAINTENANCE), BESCOM, NITTURU SUB-DIVISION, GUBBI TALLUK - 572 223. 3. SECTION OFFICER (V) COMMERCIAL, (ORDER AND MAINTENANCE) Digitally signed by GEETHAKUMARI PARLATTAYA S Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:37237 WP No. 24438 of 2024 BESCOM, NITTURU SUB-DIVISION GUBBI TALLUK - 572 223. 4. SRI LAKSHMINARASIMHA ELECTRICALS, REP BY ITS ELECTRICAL CONTRACTOR, NARASIMHA MURTHY, 4TH MAIN ROAD, 2ND CROSS, SADASHIVANAGAR, TUMKURU - 572 102. …RESPONDENTS [BY SMT. GIRIJAMMA K.S., ADVOCATE FOR R1 TO R3 (PH); SRI S.G. CHAKRAPANI, ADVOCATE FOR R4] THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR RECORDS IN THE AWARD/WORK ORDER BEARING NO.U-13178 DTD 30.11.2018 ON THE FILE OF THE R-1, TUMAKURU DISTRICT DIRECT THE R-1 TO 4 TO EXECUTE THE AWARD/WORK ORDER BEARING NO. U-13178 DATED 30.11.2018 AND FURTHER MODIFIED ON 06.08.2019 ISSUED BY THE R-1, EXECUTIVE ENGINEER, WITH POLICE PROTECTION BY ISSUING A WRIT IN THE NATURE OF MANDAMUS. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN B-GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI - 3 - HC-KAR NC: 2025:KHC:37237 WP No. 24438 of 2024 ORAL ORDER Petitioner is seeking writ of mandamus for direction to respondents no.1 to 4 to execute award/work order bearing no.U-13178 dated 30.11.2018, modified on 06.08.2019 as per Annexure-E, issued by respondent no.1 for police protection, this writ petition is filed. 2. Sri Ravi Shankar, learned counsel for petitioner submitted, petitioner was owner of land bearing Sy.no.24/2, situated at N Hosahalli village, Nittur Hobli, Gubbi Taluk, Tumakur District, wherein he had planted arecanut and coconut trees, which require irrigation facility. Therefore, he had applied for installation of irrigation infrastructure under Akrama Sakrama scheme by paying Rs.16,610/- as per Annexure-A. Thereafter, respondent no.2 had issued NSIP 8103. It was submitted, petitioner gave several representations i.e. on 29.05.2015, 05.06.2016, 03.05.2017 and also on 11.05.2017 for consideration. In pursuance of same, respondent no.2 directed respondent no.3 to inspect land and prepare sketch and estimate for providing irrigation infrastructure. Thereafter respondent no.3 inspected - 4 - HC-KAR NC: 2025:KHC:37237 WP No. 24438 of 2024 petitioner's property and on 02.05.2018 prepared estimation as per UNIP RR no.NSIP 8103. It was submitted, in pursuance of same, respondent no.2 forwarded it to respondent no.1 as per Annexure-D for passing award. On basis of estimation and report, respondent no.3 had passed award and work order on 30.11.2018 and it was later modified on 06.08.2019 as per Annexure-E, which was not executed. Therefore, petitioner submitted representation as per Annexure-G dated 28.09.2020. It was submitted till date work was not carried out. It was submitted petitioner's neighbours opposed drawing of line to his land. Due to same, respondents were not carrying out work order, thereby constraining petitioner to approach this Court. 3. It was submitted, failure to carry out work as per award and work order, despite lapse of several years amounted to failure to perform their duty, entitling petitioner for directions as prayed. 4. Smt.Girijamma KS, learned counsel for respondents no.1 to 3 and Sri S.G. Chakarapani, learned counsel for respondent no.4 opposed writ petition. - 5 - HC-KAR NC: 2025:KHC:37237 WP No. 24438 of 2024 5. Heard learned counsel and perused material on record. 6. From above, petitioner's grievance in this writ petition is failure of respondents to execute award/work order despite lapse of more than reasonable amount of time. Filing of applications for provision of irrigation infrastructure under Akrama-Sakrama scheme by petitioner by paying necessary charges, assigning UNIP RR no.NSIP 8103 and passing of award and issuance of work order as per Annexure-D dated 15.11.2018 is not in dispute. Though work order appears to have been modified, despite same, there would be no justification for failure to execute work by respondents, especially as petitioner had already paid amount. Inaction on part of respondents appear without justification entitling petitioner for direction. 7. Consequently, Writ petition is dispose of directing respondents no.1 to 4 to execute award and work order bearing no.U-13178 dated 30.11.2018, with modifications on 06.08.2019 as per Annexure-E, if necessary by taking police protection in case of any obstruction within an outer limit of - 6 - HC-KAR NC: 2025:KHC:37237 WP No. 24438 of 2024 three months from date of receipt of certified copy of this order. Sd/- (RAVI V HOSMANI) JUDGE Psg* List No.: 1 Sl No.: 41