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2025 DAILYLAW 75560 (KAR)

M/S K K ENTERPRISES v. THE ADDITIONAL DISTRICT ELECTION OFFICER (NORTH)

WP/30023/2025 · 2025-10-25

Suraj Govindaraj

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:42445 WP No. 30023 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 30023 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. PRITHVEESH M.K, ADVOCATE FOR SRI. RANGANATH R, ADVOCATE) AND: 1. THE ADDITIONAL DISTRICT ELECTION OFFICER (NORTH), BRUHATH BENGALURU MAHANAGARA PALIKE NR SQUARE, BENGALURU - 560 002. 2. THE CHIEF COMMISSIONER BRUHATH BENGALURU MAHANAGARA PALIKE BBMP HEAD OFFICE, CORPORATION CIRCLE NR SQUARE, BANGALORE - 560 002. 3. THE EXECUTIVE ENGINEER (PROJECT) MAHADEVAPURA ZONE Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:42445 WP No. 30023 of 2025 BBMP - 36, MAHADEVAPURA BANGALORE - 560 036. 4. ELECTORAL REGISTRATION OFFICER, 156-MAHALAKSHMI LAYOUT LAC, BBMP, BENGALURU - 560 002. 5. ELECTORAL REGISTRATION OFFICER 157-MALLEASHWARAM LAC BBMP, BENGALURU - 560 002. 6 ELECTORAL REGISTRATION OFFICER 158-HEBBAL LAC, BBMP, BENGALURU - 560 002. 7. ELECTORAL REGISTRATION OFFICER 159-PULIKESHINAGAR LAC, BBMP, BENGALURU - 560 002. 8. ELECTORAL REGISTRATION OFFICER 160-SARVAGNANAGAR LAC BBMP, BENGALURU - 560 002. 9. ELECTORAL REGISTRATION OFFICER 161-CV RAMAN NAGAR LAC, BBMP, BENGALURU - 560 002. 10. THE CHIEF ELECTION COMMISSIONER ELECTION COMMISSION OF INDIA NIRVACHAN SADAN, ASHOKA ROAD, NEW DELHI - 110 001. 11. THE CHIEF ELECTORAL OFFICER KARNATAKA NIRVACHAN NILAYA, - 3 - HC-KAR NC: 2025:KHC:42445 WP No. 30023 of 2025 SHESADRI ROAD, AMBEDKAR VEEDHI BENGALURU - 560 001. …RESPONDENTS (BY SRI. B.L. SANJEEV, ADVOCATE FOR R1 To R9; SRI. S.R. DODWAD, ADVOCATE FOR R10 AND R11) *** 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-J) AND RELEASE THE PAYMENTS AS AGAINST THE BILLS SUBMITTED BY THE PETITIONER FOR THE SUM OF RS.2,16,28,390/- (RUPEES TWO CRORE SIXTEEN LAKH TWENTY-EIGHT THOUSAND THREE HUNDRED NINTY 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 9. Sri. S.R. Dodwad, learned counsel accepts notice for respondent Nos.10 and 11. 2. Petitioner is before this Court seeking for the following reliefs: - 4 - HC-KAR NC: 2025:KHC:42445 WP No. 30023 of 2025 "a) Issue a writ of mandamus directing respondent No.1 to consider the appeal letter dated 01.09.2025 (Annexure-J) and release the payments as against the bills submitted by the petitioner for the sum of Rs.2,16,28,390/- (Rupees Two Crore Sixteen Lakh Twenty-eight Thousand Three Hundred Ninty only) along with an interest of 18% per annum from the date it is due till the date of payments, 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 for the works which have been done by the petitioner, the respondents have not made payment of the due amounts despite the bills having been raised by them. 4. Whenever any bills are raised on a public Authority, it is required of the public Authority to consider the said bills and make payment of the same, if found due and if not found due, to pass an order of rejection accompanied by reasons. Neither having been done, I pass the following: - 5 - HC-KAR NC: 2025:KHC:42445 WP No. 30023 of 2025 ORDER (i) Writ Petition is partly allowed; (ii) A mandamus is issued directing the respondent No.1 to consider the supporting documents submitted by the petitioner along with the appeal letter dated 01.09.2025 (Annexure-J) and pass necessary orders, within a period of eight weeks from today, i.e. on or before 19.12.2025. SD/- (SURAJ GOVINDARAJ) JUDGE BMV* List No.: 1 Sl No.: 152