M/S K K ENTERPRISES v. THE ADDITIONAL DISTRICT ELECTION OFFICER
WP/30209/2025 · 2025-10-25
Suraj Govindaraj
body2025
DailyLaw.ai
[ 2025 DAILYLAW 80475 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 80475 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:42536 WP No. 30209 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. 30209 OF 2025 (GM-TEN) BETWEEN:
1.
M/S. K.K ENTERPRISES A REGISTERED PROPRIETORSHIP FIRM HAVING REGISTERED OFFICE AT NO.34, CELLAR, 3RD STAGE, JM ARCADE, ANNIPURA CROSS ROAD, SUDHAMANAGAR, BANGALORE - 560 027.
REPRESENTED BY ITS PROPRIETRIX SHRIDEVI SHASHIKUMAR …PETITIONER (BY SRI. PRITHVEESH M.K., ADVOCATE FOR SRI. RANGANATH R., ADVOCATE) AND:
1.
THE ADDITIONAL DISTRICT ELECTION OFFICER (NORTH) AND ZONAL COMMISSIONER (EAST) 10TH FLOOR, MAYO HALL, BENGALURU - 560 002.
2.
THE CHIEF COMMISSIONER BRUHATH BENGALURU MAHANAGARA PALIKE BBMP HEAD OFFICE, CORPORATION CIRCLE
3.
THE SPECIAL COMMISSIONER (ELECTIONS) BRUHATH BENGALURU MAHANAGARA PALIKE
Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:42536 WP No. 30209 of 2025
N.R. SQUARE BENGALURU - 560 002
4.
THE CHIEF ELECTION COMMISSIONER, ELECTION COMMISSION OF INDIA, NIRVACHAN SADAN, ASHOKA ROAD, NEW DELHI- 110 001.
5.
THE CHIEF ELECTORAL OFFICER KARNATAKA NIRVACHANA NILAYA, SHESADRI ROAD, AMBEDKAR VEEDHI, BENGALURU - 560 001. …RESPONDENTS (BY SRI. B.L. SANJEEV, ADVOCATE FOR R-1 TO R-3;
SRI.S.R. DODWAD, ADVOCATE FOR R-4 & R-5) ***
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT RESPONDENT NO.1 TO CONSIDER THE APPEAL LETTER DATED 18.04.2025 (ANNEXURE-F16) AND RELEASE THE PAYMENTS AS AGAINST THE BILLS SUBMITTED BY THE PETITIONER FOR THE SUM OF RS.14,99,540/- (RUPEES FOURTEEN LAKHS NINTY NINE THOUSAND FIVE HUNDRED AND FOURTY ONLY) ALONG WITH AN INTEREST OF 18% PER ANNUM FROM THE DATE IT IS DUE TILL THE DATE OF PAYMENTS, ETC.
THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
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HC-KAR NC: 2025:KHC:42536 WP No. 30209 of 2025
ORAL ORDER
1. Sri.B.L. Sanjeev, learned counsel accepts notice for respondent Nos.1 to 3. Sri. S.R. Dodwad, learned counsel accepts notice for respondent Nos.4 and 5.
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 18.04.2025 (Annexure F16) and release the payments as against the bills submitted by the petitioner for the sum of Rs.14,99,540/- (Rupees Fourteen Lakhs Ninty Nine thousand five Hundred and Fourty 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.
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HC-KAR NC: 2025:KHC:42536 WP No. 30209 of 2025
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:
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 18.04.2025 at Annexure F-16 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*/CT-SG