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2025 DAILYLAW 84209 (KAR)

AJITH BANTANUR v. THE STATE OF KARNATAKA

WP/104065/2025 · 2025-07-21

Pradeep Singh Yerur

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:9020 WP No. 104065 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 21ST DAY OF JULY 2025 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO. 104065 OF 2025 (GM-RES) BETWEEN: AJITH BANTANUR, AGE: 30 YEARS, OCC: CLASS I CIVIL CONTRACTOR, R/O. NANDISHWAR NAGAR, VIDYAGIRI, BAGALKOT-587103. …PETITIONER (BY SRI. LINGARAJ MARADI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY ADDITIONAL CHIEF SECRETARY, RURAL DEVELOPMENT AND PANCHAYAT RAJ DEPARTMENT, M.S. BUILDING, BENGALURU-560001. 2. THE MANAGING DIRECTOR, KARNATAKA RURAL INFRASTRUCTURE DEVELOPMENT LIMITED, ANAND RAO CIRCLE, BENGALURU-560001. 3. THE EXECUTIVE ENGINEER, PANCHAYAT RAJ DIVISION, BAGALKOT-587103. …RESPONDENTS (BY SRI. SHARAD V. MAGADUM, AGA FOR R1; SRI. RAJASHEKAR BURJI, ADVOCATE FOR R2; SRI. BHUSHAN B. KULKARNI, ADVOCATE FOR R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT IN THE NATURE OF MANDAMUS DIRECT THE RESPONDENTS AUTHORITIES TO CONSIDER THE REPRESENTATION DATED 26.03.2025, 23.05.2025 VIDE ANNEXURE F, F1, F2 RESPECTIVELY AND ETC. THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: VIJAYALAKSHMI M KANKUPPI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:9020 WP No. 104065 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR) 1. Heard the learned counsel for the petitioner. 2. Learned AGA is directed to take notice for respondent No.1. 3. Learned counsel Sri.Rajashekhar Burji is directed to accept notice for respondent No.2. 4. Learned counsel Sri.Bhusan B. Kulkanri is directed to accept notice for respondent No.3. 5. The petitioner is a class-I contractor. A work order was issued to the petitioner on 12.12.2022 by respondent No.3 and accordingly, the work was commenced and completed. Upon completion of the work, the petitioner made repeated requests by way of letters and representations to the respondents to release the tender amount. In fact, respondent No.3 sent a letter to respondent No.1 on 20.02.2025, reporting the completion of work and to release the bill amount in favour of the - 3 - HC-KAR NC: 2025:KHC-D:9020 WP No. 104065 of 2025 petitioner. However, the bill amount for the tender work executed by the petitioner has not yet been released in his favour. Hence, the petitioner submitted representations dated 26.03.2025 and 23.05.2025 vide annexure-F, F1, and F2, for consideration by respondent No. 1. 6. According to the petitioner, once the tender work is completed and respondent No.3 gave a recommendation to respondent No.1 for release of the payment, it becomes the duty of respondent No.1 and other concerned respondents, if any, to consider the petitioner’s representation and pass orders. Accordingly if the petitioner is entitled to release of the amount as recommended by respondent No.3, the same shall be processed and suitable orders passed. 7. Accordingly, I pass the following ORDER (i) The petition allowed. - 4 - HC-KAR NC: 2025:KHC-D:9020 WP No. 104065 of 2025 (ii) Respondents No.1 and 2 are directed to consider the representation of the petitioner as per Annexures F, F1 and F2, in accordance with law and pass suitable orders within a period of six weeks from the date of receipt of a certified copy of this order. Sd/- (PRADEEP SINGH YERUR) JUDGE RHR/- CT-MCK List No.: 1 Sl No.: 15