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2025 DAILYLAW 8246 (KAR)

BLUE MOON ENTERPRISES v. THE STATE OF KARNATAKA

WP/100164/2025 · 2025-01-30

Suraj Govindaraj

body2025

Judgment text

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- 1 - NC: 2025:KHC-D:1858 WP No. 100164 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 30TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 100164 OF 2025 (LB-RES) BETWEEN: BLUE MOON ENTERPRISES, J.H. PATEL CIRCLE, NEAR SHIVA COMPUTERS, HAVERI, R/BY ITS PARTNERS. 1. GURURAJ S/O. MARUTI NAYAK, AGE: 37, OCC: CONTRACTOR, R/O. MURUGARAJENDRA NAGAR, KAGINELLI ROAD, HAVERI-581110. 2. PRAVEENKUMAR S/O. SHEKHARGOWDA PATIL, AGE: 45, CONTRACTOR, R/O. MURUGARAJENDRA NAGAR, KAGINELLI ROAD, HAVERI-581 110. …PETITIONERS (BY SRI. HAREESHA S. NAYAK, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY SECRETARY, PANCHAYAT RAJ DEPARTMENT, BENGALURU-560001. 2. THE DEPUTY COMMISSIONER, UTTARKANNADA, KARWAR-581301. 3. THE CHIEF OFFICER, PATTANA PANCHAYAT, YELLAPUR, UTTARKANNAD DISTRICT-581359. …RESPONDENTS (BY SRI. V.S. KALASURMATH, AGA FOR R1 & R2; SRI. DINESH M. KULKARNI, ADVOCATE FOR R3) GIRIJA A BYAHATTI Digitally signed by GIRIJA A BYAHATTI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.02.01 15:27:55 +0530 - 2 - NC: 2025:KHC-D:1858 WP No. 100164 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT IN THE NATURE OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT DIRECTING THE 3RD RESPONDENT TO CONSIDER THE REPRESENTATION DATED 20-09-2024 FILED BY THE PETITIONER VIDE ANNEXURE-A AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioners are before this Court seeking for the following reliefs: i. Issue Writ in the nature of mandamus or any other appropriate writ directing the 3rd respondent to consider the representation dated 20-09-2024 filed by the petitioner Vide Annexure-A. ii. Any other and further relief as this honorable court deems fit and just in the ends of justice. 2. The contention of the petitioners is that, despite bills having submitted as regards the work completed by the petitioners to respondent No.3, the said representation dated 20.09.2024 at Annexure-A has not been considered by respondents and the payments made. - 3 - NC: 2025:KHC-D:1858 WP No. 100164 of 2025 3. Whenever any bills submitted by a contractor, the same are required to be processed, certified and payments made or denied by the employer. In the present case, there is neither payment of the bills nor rejection of the bills by the respondent No.3. In that view of the matter, I pass the following: ORDER i. Writ petition is allowed. ii. Mandamus is issued, directing respondent No.3 to consider the bills submitted by the petitioner, get the same verified in terms of the contract entered into and pass necessary orders on the representation dated 20.09.2024, within a period of 30 days from the date of receipt of a copy of this order. Sd/- (SURAJ GOVINDARAJ) JUDGE gab CT-MCK List No.: 1 Sl No.: 46