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2025 DAILYLAW 84612 (KAR)

WASIM S/O ABDUL GAFFAR SANADI v. THE COMMISSIONER

WP/106798/2025 · 2025-09-15

Suraj Govindaraj

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:12014 WP No. 106798 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 15TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 106798 OF 2025 (LB-RES) BETWEEN: WASIM S/O. ABDUL GAFFAR SANADI, AGE: 40 YEARS, OCC. CLASS I CONTRACTOR, R/O. #60, AZAD COLONY, KESHWAPUR, HUBBALLI, DIST. DHARWAD. …PETITIONER (BY SRI. A.C. CHAKALABBI AND ASSOCIATES, ADVOCATE) AND: 1. THE COMMISSIONER OFFICE OF COMMISSIONER HDMC, HUBBALLI DHARWAD MUNICIPAL CORPORATION, HUBBALLI, DIST. DHARWAD-580009. 2. THE JOINT COMMISSIONER OFFICE OF JOINT COMMISSIONER HDMC, HUBBALLI DHARWAD MUNICIPAL CORPORATION, HUBBALLI, DIST. DHARWAD-580009. …RESPONDENTS (BY SMT. JOSHNA P. DHANAVE, ADVOCATE FOR R1 AND R2) THIS WP IS FILED UNDER ORDER 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO A. TO ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENTS TO CONSIDER THE PETITIONERS REPRESENTATION AT ANNEXRUE-A DTD. 17/06/2025 WHEREIN PETITIONER SOUGHT FOR MAKE TOTAL PAYMENT COST OF RS. 12,40,228-00 TOWARD WORK ORDER/FILE NO. 225355, 227079 AND INDENT NO. 5940. B) Digitally signed by SAROJA HANGARAKI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:12014 WP No. 106798 of 2025 THE HON BLE COURT MAY ALSO BE PLEASED TO PASS ANY OTHER WRIT, ORDER, DIRECTION ETC IN THE ABOVE CASE TO SERVE THE ENDS OF JUSTICE. 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 petitioner is before this Court seeking for the following reliefs: a. To issue a writ of mandamus directing the respondents to consider the petitioners representation at Annexure-A dtd 17/06/2025 wherein petitioner sought for make total payment cost of Rs. 12,40,228=00 toward work order/file no. 225355, 227079 and indent no.5940. b. The Hon’ble Court may also be pleased to pass any other writ, order, direction etc in the above case to serve the ends of justice. 2. The grievance of the petitioner is that despite submission of the representation dated 17.06.2025 (Annexure–A) requesting payment for the work executed under the aforementioned work orders, no action has been taken by the respondents. - 3 - HC-KAR NC: 2025:KHC-D:12014 WP No. 106798 of 2025 3. Whenever any representation is submitted by a citizen to an authority, it is incumbent upon that authority to consider the same in accordance with law either by accepting or rejecting the request, and to pass appropriate orders within a reasonable period of time. In the instant case, the authorities have failed to discharge this obligation. Hence, I pass the following: ORDER i. Writ petition is allowed. ii. A writ of mandamus is issued directing the respondents to consider the petitioner’s representation dated 17.06.2025 (Annexure–A), in accordance with law and in terms of the contract entered into between the petitioner and the respondents. iii. The respondents shall verify the bills submitted by the petitioner and pass appropriate orders - 4 - HC-KAR NC: 2025:KHC-D:12014 WP No. 106798 of 2025 within a period of four weeks from the date of receipt of a certified copy of this order. iv. It is made clear that this Court has not expressed any opinion on the merits or entitlement of the petitioner’s claim. Sd/- (SURAJ GOVINDARAJ) JUDGE VB CT:PA List No.: 1 Sl No.: 36