M/S K K ENTERPRISES v. THE ADDITIONAL DISTRICT ELECTION OFFICER
WP/30576/2025 · 2025-10-25
Suraj Govindaraj
body2025
DailyLaw.ai
[ 2025 DAILYLAW 82405 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 82405 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
- 1 -
HC-KAR NC: 2025:KHC:42440 WP No. 30576 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. 30576 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 PROPREITRIX, SRIDEVI. …PETITIONER (BY SRI. PRITHVEESH M.K, ADVOCATE FOR SRI. RANGANATH R., ADVOCATE)
AND:
1.
THE ADDITIONAL DISTRICT ELECTION OFFICER (SOUTH) 9TH MAIN ROAD, JAYANAGAR, 2ND BLOCK, BANGALORE BRUHATH BENGALURU MAHANAGARA PALIKE- 560 011.
2.
THE EXECUTIVE ENGINEER (PROJECT) SOUTH 9TH MAIN ROAD, JAYANAGAR, 2ND BLOCK, BANGALORE BRUHATH BENGALURUMLAHANAGARA PALIKE- 560 011.
3.
THE JOINT COMMISSIONER (SOUTH) 9TH MAIN ROAD, JAYANAGAR, 2ND BLOCK, BANGALORE
Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA
- 2 -
HC-KAR NC: 2025:KHC:42440 WP No. 30576 of 2025
BRUHATH BENGALURULMAHANAGARA PALILKE- 560 011.
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;
S.R.DODWAD, ADVOCATE FOR R-4 AND R-5)
***
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 REPRESENTATIONS 18.04.2025 (2 NOS.) AT ANNEXURE E AND E1 AND DIRECT THE RESPONDENTS TO MAKE PAYMENT OF THE PENDING BILLS AMOUNTING TO RS.22,64,666.84/-(RUPEES TWENTY-TWO LAKH SIXTY-FOUR THOUSAND SIX HUNDRED AND SIXTY-SIX AND EIGHTY-FOUR PAISE ONLY) IN THE WORK ORDERS DATED 06.09.2023 ANNEXURE-C AND C1 (2 NOS.) AND 07.09.2023 ANNEXURE C2 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 IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
- 3 -
HC-KAR NC: 2025:KHC:42440 WP No. 30576 of 2025
CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
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 representations 18.04.2025 (2 Nos) at Annexure E and E1 and direct the respondents to make payment of the pending bills amounting to Rs.22,64,666.84 (Rupees Twenty-Two Lakh Sixty-Four Thousand six Hundred and Sixty-six and Eighty-four paise only) in the work orders dated 06.09.2023 (2 Nos.) Annexure C & C1 and 07.09.2023 Annexure C2, 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
- 4 -
HC-KAR NC: 2025:KHC:42440 WP No. 30576 of 2025
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:
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 Representations dated 18.04.2025 (2 Nos.) at Annexure E and E1 and pass necessary orders, within a
- 5 -
HC-KAR NC: 2025:KHC:42440 WP No. 30576 of 2025
period of eight weeks from today, i.e. on or before 19.12.2025.
SD/- (SURAJ GOVINDARAJ) JUDGE
BMV* List No.: 1 Sl No.: 161