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2025 DAILYLAW 77496 (KAR)

AMAR MEDICALS v. STATE OF KARNATAKA

WP/15619/2025 · 2025-10-09

Suraj Govindaraj

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:39972 WP No. 15619 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 15619 OF 2025 (GM-RES) BETWEEN: AMAR MEDICALS REPRESENTED BY ITS PROPRIETOR, MR. AMARNATH, S/O BG GANGADAR RAO AGED ABOUT 50 YEARS NO.8, MILL ROAD, COTTONPET, BANGALORE-560053 E-MAIL AMSACHA07@GMAIL.COM …PETITIONER (BY SMT. DEEPTHI SHETTY., ADVOCATE FOR SRI. DHANANJAY KUMAR., ADVOCATE) AND: 1. STATE OF KARNATAKA BY COMMISIONER OF HEALTH DEPARTMENT AROGYA SOUDHA, MAGADI ROAD, BENGALURU-560023 2. CHIEF SUPERINTENDENT CENTRAL PRISON, PARAPPANA AGRAHARA, ELECTRONIC CITY POST, BENGALURU-560100 …RESPONDENTS (BY SMT. SARITHA KULKARNI., AGA FOR R1 & R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:39972 WP No. 15619 of 2025 MANDAMUS TO- DIRECT R2 TO CONSIDER THE REPRESENTATION MADE BY PETITIONER DATED 15.11.2023 AND 23.11.2024 AND THEREBY DIRECT THE R2 TO PAY THE PENDING BILLS TO THE PETITIONER VIDE ANNEXURE -A AND A1 AND ETC. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The petitioner is before this Court seeking for the following reliefs; i. Issue a writ of mandamus direct the Respondent No.2 to consider the representation made by petitioner dated 15.11.2023 and 23.11.2024 and thereby direct the Respondent No.2 to pay the pending bills to the petitioner vide Annexure A and A1. ii. Grant such other reliefs that this Hon’ble Court deems fit to grant in the circumstances of the case, to the petitioners, in the interest of justice. 2. The grievance of the Petitioner is that the Petitioner having been called upon to supply PPE kits, masks, gloves and sanitizers for use in the business run by Respondent No.2. Though supply has been made and bills have been raised, the payments have not been made in relation thereto and as such the petitioner had submitted - 3 - HC-KAR NC: 2025:KHC:39972 WP No. 15619 of 2025 representations on 15.11.2023 and 23.11.2024 to Respondent No.2, which also has not been considered. Whenever any bills are submitted by a supplier and/or a representation made in relation to non-payment of the said bills, it is but required for the respondents to consider the same and pass necessary orders, either by making payment of the amount or rejecting the said bills by valid reasons. Neither of them has been done, I pass the following: ORDER. i. The Writ Petition is allowed. ii. A mandamus is issued directing Respondent No.2 to consider the bills submitted by the Petitioner as also the representations dated 15.11.2023 and 23.11.2024 at Annexures A and A1 and pass necessary orders within a period of four weeks from the date of receipt of certified copy of this order. - 4 - HC-KAR NC: 2025:KHC:39972 WP No. 15619 of 2025 iii. It is made clear that this Court has not expressed any opinion on the merits of the entitlement of the Petitioner. SD/- (SURAJ GOVINDARAJ) JUDGE KTY List No.: 1 Sl No.: 45