- 1 - HC-KAR NC: 2025:KHC-D:15708 WP No. 102404 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 17TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 102404 OF 2025 (GM-RES) BETWEEN: 1. MD SHEK SAB S/O SHEKHMAHABOOBA SAB AGED ABOUT: 58 YEARS, OCC: CONTRACTOR, R/O: WARD NO.3, VADDARA HATTI CAMP VENKATGIRI KOPPAL, TQ: & DIST:KOPPAL. 2. VIJAYA KUMAR BEVINAL AGED ABOUT: 55 YEARS, OCC: CONTRACTOR, R/O: WARD NO.2 HEROOR, KOPPAL, TQ: & DIST:KOPPAL. 3. MALIK KASIMSAB BAGWAN AGED ABOUT: 62 YEARS, OCC: CONTRACTOR, C/O: KASIMSAB BAGWAN, PLOT NO.36, CTS NO. 1299, 1ST CROSS 2ND LINE, AZAM NAGAR, VTC : BELGAUM, PO: BELGAUM NEHRU NAGAR, SUB DISTRCIT: HUKKERI, DISTRICT: BELAGAVI, STATE: KARNATAKA, PIN CODE: 590010. 4. MOHAMMAD ASIF IQBAL S/O MOHAMMAD AFZAL AGED ABOUT: 43 YEARS, OCC: CONTRACTOR, R/O: VADDARAHATTI, VTC: BASAPATTANA, PO: BASAPATNA TQ AND DIST: KOPPAL. 5. G MOULA SAB S/O HONNUR SAB GUTTI AGED ABOUT: 88 YEARS, OCC: CONTRACTOR Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:15708 WP No. 102404 of 2025 R/O: 3-5-161/1 WARD 17 RAYAR ONI GANGAVATHI. TQ: GANGAVATHI, DIST: KOPPAL. 6. M. N . CHIKKAPPA S/O M. NEELAPPA AGED ABOUT: 61 YEARS, OCC: CONTRACTOR, R/O: 30TH WARD NEAR GANESH TEMPLE GADIGEPPA COLONY VIRUPAPUR GANGAVATHI, TQ: GANGAVATHI, DIST: KOPPAL. 7. M THIPPANNA S/O SAKARAPPA AGED ABOUT: 66 YEARS, OCC: CONTRACTOR, R/O: #2/2 WARD 2, HOSA BANDI HARLAPUR, BANDIHARLAPUR, TQ AND DIST: KOPPAL. 8. K. TATA RAO S/O K NOOKARAJU AGED ABOUT: 58 YEARS, OCC: CONTRACTOR, R/O: E V CAMP NEAR CSI CHURCH TUNGABHADRA DAM HOSPET TQ: HOSPET, DIST: BALLARI. 9. MANOHAR AMARESHA GOUDA AGED ABOUT: 55 YEARS, OCC: CONTRACTOR, R/O: WARD NO.9, VINAYAK NAGAR, GANGAVATHI, TQ: GANGAVATHI, DIST: KOPPAL. 10. LINGAPPA S/O RAMANNA HOSALLI AGED ABOUT: 65 YEARS, - 3 - HC-KAR NC: 2025:KHC-D:15708 WP No. 102404 of 2025 OCC: CONTRACTOR, R/O: WARD NO.1 KURUBARA ONI, HOSALLI, TQ: GANGAVATHI, DIST: KOPPAL. 11. HONNUR SAB GUTTI AGED ABOUT: 62 YEARS, OCC: CONTRACTOR, R/O: WARD NO. 17, RAYARA ONI GANGAVATHI, TQ: GANGAVATHI, DIST: KOPPAL. 12. NAGESH S/O HANUMANTHAPPA, AGED ABOUT: 53 YEARS, OCC: CONTRACTOR, R/O: WARD NO. 31, SAROJ NAGAR, HULIGEMMA TEMPLE AREA, TQ: GANGAVATHI, DIST: KOPPAL. 13. G. MALLIKARJUN S/O SARABHANNA AGED ABOUT: 81 YEARS, OCC: CONTRACTOR, R/O: SARAWATI NILAYA, KHB COLONY WARD NO. 15, NEAR SUSHILA HOSPITAL, SINDHANUR, DIST: RAICHUR-58418 14. G. NAGAMALLESH S/O G. SURYANARAYANA AGED ABOUT: 49 YEARS, OCC: CONTRACTOR, R/O: NEAR VINAYAK TEMPLE, KOTAYYA CAMP, HOSAKERA, DIST: KOPPAL-583268 15. ASHOKKUMAR S/O JAYANNA GOUDA AGED ABOUT: 55 YEARS, OCC: CONTRACTOR, R/O: DEVIRAMMA EX-PRESIDENT HOUSE, WARD NO-10 NATARAJ COLONY, SINDHANUR, DIST: RAICHUR-58418 16. LINGARAJ S/O S NAGAPPA AGED ABOUT: 56 YEARS, OCC: CONTRACTOR, R/O: HANCHINA CAMP, SUB DISTRICT: SINDHNUR, - 4 - HC-KAR NC: 2025:KHC-D:15708 WP No. 102404 of 2025 DIST: RAICHUR-584126. 17. M NAGESHWAR RAO S/O M. VENKATA RAMAYYA AGED ABOUT: 75 YEARS, OCC: CONTRACTOR, R/O: 15TH WARD, NEAR POLICE STATION, KARATGI, PO: KARATGI, DIST: KOPPAL- 583229 18. VEERANA GOUDA C/O RUDRAGOUDA PATIL AGED ABOUT: 61 YEARS, OCC: CONTRACTOR, R/O: HOLEMUDLAPUR, MUNIRABAD, DIST: KOPPAL-583233 19. GOUDALA HARIBABU S/O GUDALA GANNAYYA, AGED ABOUT: 62 YEARS, OCC: CONTRACTOR, R/O: BEHIND ASHWINI CLINIC, 6TH WARD BANJARA COLONY, SRIRAMANAGAR, DIST: KOPPAL-583282. 20. ABDULNABI S/O ABDUL RAZAK AGED ABOUT: 69 YEARS, OCC: CONTRACTOR, R/O: WARD NO.3 VADDARA HATTI CAMP, KOPPAL, DIST: KOPPAL-583235. 21. SHIVRAJ S/O AYYANAGOUDA, AGED ABOUT: 55 YEARS, OCC: CONTRACTOR, R/O: WARD NO. 7, MALLIKARJUN NAGAR, SIDDAPUR, DIST: KOPPAL-583282. 22. B. KRISHNARAO S/O B. RAMARAO AGED ABOUT: 62 YEARS, OCC: CONTRACTOR, R/O: HULIGEMMA TEMPLE ROAD, HUGLI, DIST: KOPPAL-583234. 23. T KISHOR KUMAR S/O T JANARDAN AGED ABOUT: 45 YEARS, OCC: CONTRACTOR, R/O: 3RD WARD J B NAGAR MUNIRABAD (RURAL) KOPPAL-583234. 24. VITHALA RADDI S/O PAMPARADDI - 5 - HC-KAR NC: 2025:KHC-D:15708 WP No. 102404 of 2025 AGED ABOUT: 64 YEARS, OCC: CONTRACTOR, R/O: VEMAN NILAYA, KSRTC DEPO ROAD, WARD NO.25, DEPO LAYOUT, GANGAVATHI, DIST: KOPPAL-583227. 25. SHAFIK AHMED C/O ABDUL RAHIM AGED ABOUT: 62 YEARS, OCC: CONTRACTOR, R/O: 1ST WARD, BEHIND SAMAD KIRANI STORE, HOSALINGAPUR, MUNIRABAD (RURAL) DIST: KOPPAL-583234. 26. LAXSHMI REDDY P S/O LATE P PATIL REDDY, AGED ABOUT: 61 YEARS, OCC: CONTRACTOR, R/O: P V S FACTORY BACK SIDE, NEAR CONNIC SCHOOL, M J NAGAR, HOSAPET, DIST: BELLARY-583203. 27. B. VIRUPAKSHI S/O B NINGAPPA, AGED ABOUT: 61 YEARS, OCC: CONTRACTOR, R/O: WARD NO.4, H H P ROAD, KINNAL, KINNAL, DIST: KOPPAL-583230. 28. SHAHBUDDIN SAB S/O HUSSENSAB KUDRI, AGED ABOUT: 56 YEARS, OCC; CONTRACTOR, R/O: WARD NO.3, NEAR S R S M HIGH SCHOOL, HITNAL, DIST: KOPPAL-583234. 29. SOMAPUR KHASIMSAB AGED ABOUT: 52 YEARS, OCC: CONTRACTOR, R/O: WARD NO.14, NEAR NOORANI MASJID, RAHMATH NAGAR, GANGAWATI, KOPPAL, KARNATAKA-583227. 30. MEKA VENKATESHWARAR RAV AGED ABOUT: 68 YEARS, OCC: CONTRACTOR, R/O: # 2/C BLOCK.11 KARATGI, TQ: GANGAVATHI, DIST KOPPAL-583229 …PETITIONERS (BY SRI. B. SHARANABASAWA, ADVOCATE) - 6 - HC-KAR NC: 2025:KHC-D:15708 WP No. 102404 of 2025 AND: 1. THE CHIEF ENGINEER IRRIGATION CENTRAL ZONE, KARNATAKA NIRAVARI NIGAMA LIMITED (KNNL), MUNIRABAD, KOPPAL TQ & DIST: KOPPAL-583211. 2. THE EXECUTIVE ENGINEER KARNATAKA NIRAVARI NIGAMA LIMITED (KNNL), NO.II, CANAL DIVISION, ODDARAHATTI, TQ: GANGAVATHI, DIST: KOPPAL-583235. 3. THE COMMISSIONER, OFFICE OF THE COMMISSIONERATE OF TREASURIES 6TH FLOOR KPCL GREEN BUILDING PALACE ROAD, BENGALURU -560001 4. THE DEPUTY DIRECTOR, OFFICE OF THE DISTRICT TREASURY, DC OFFICE KOPPAL- 583231. 5. THE ASSISTANT DIRECTOR OFFICE OF CERTIFIED SUB TREASURER, GANGAVATHI, TQ: GANGAVATHI, DIST: KOPPAL-583227. …RESPONDENTS (BY SRI. T. HANUMAREDDY, AGA FOR R3 TO R5; SRI. S.M.TONNE, ADVOCATE FOR R1 & R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS, DIRECTING THE RESPONDENTS TO RELEASE THE EMD AND FSD AMOUNT AS STATED BY THE PETITIONERS VIDE ANNEXURE-A, A1 TO A29 AND RESPONDENT NO.2, AS STATED IN ANNEXURE-B, ALONG WITH INTEREST AT 24% PER ANNUM FROM THE PERIOD IT FELL DUE INRESPECT OF WORKS DONE BY THE PETITIONERS BETWEEN THE YEAR 2005-06 AND 2008-09, TILL THE DATE OF PAYMENT AND ISSUE SUCH ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION AS THIS HON BLE COURT DEEMS FIT UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 7 - HC-KAR NC: 2025:KHC-D:15708 WP No. 102404 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) The petitioners are before this Court seeking the following prayer: A. Issue a writ in the nature of Mandamus, directing the respondents to release the EMD and FSD amount as stated by the petitioners vide Annexure- A, A1 to A29 and respondent no.2, as stated in Annexure-B, along with interest at 24% per annum from the period it fell due inrespect of works done by the petitioners between the year 2005-06 and 2008-09, till the date of payment and B. Issue such any other appropriate writ, order or direction as this Hon’ble court deems fit under the facts and circumstances of the case, in the interest of justice and equity. 2. The learned counsel appearing for the petitioners submits that in identical circumstances, the Co-ordinate Bench as by detailed order dispose the petitions. The Co-ordinate Bench has held as follows “The petitioner has invoked writ jurisdiction under Article 226 of the Constitution of India, seeking for a direction to the respondents to release the Final Security Deposit (FSD) of Rs.4,75,000/- deposited by the petitioner, at the time of participating in the tender process. 2. The petitioner is a contractor and has executed works of PWD department, etc., who was successful bidder pursuant to the tender notification invited by the respondents for executing the aforesaid works. The petitioner has completed the work entrusted to him satisfactorily and the respondents after considering the - 8 - HC-KAR NC: 2025:KHC-D:15708 WP No. 102404 of 2025 final bills submitted by the petitioner, released the entire amount due to the petitioner towards execution of work entrusted to him, except final security deposit amount. The petitioner represented with the respondents so as to release the final security deposit amount. However, the respondents without any valid reason has not released the FSD amount to the petitioner. Hence, this writ petition. 3. The petitioner has carried out the following works: Sl. No. Name of Work FSD amount details in Annexures Amount deposited as FSD The date of completion of work 1 Improvement with RCC lining from Chain No.588 to 595 in Mile 12 of Tungabhadra Left Bank Canal. Total amount of Work Rs.29,45,977/- A1 & A2 Rs.2,33,000/- 2006-07 (may & June – 2006) 2 Improvement with RCC lining from Chain No.555 to 615 & 630 to 667 on both side in Mile 12 of Tungabhadra Left Bank Canal. Total amount of Work not known B1 & B2 Rs.1,05,000/- 2006-07 3 Proposed construction of Twin Quarters (2 numbers) in Agalakera Camp at Agalakera Total amount of Work not known C1 & C2 Rs.78,000/- 2006-07 4 Re-Gradation of Canal Bed from Chanal No.635 to 655 in M-13, in Waddarahatti Camp at Waddarahatti. Total amount of work not known D1 & D2 Rs.10,000/- 2006-07 5 Proposed construction of Office building in Agalakera Camp at Agalakera E1 & E2 Rs.49,000/- 2006-07 4. Learned counsel for the petitioner would submit that, the petitioner having completed the work entrusted to him satisfactory and also the amount due to him having been released in his favour, the respondents are - 9 - HC-KAR NC: 2025:KHC-D:15708 WP No. 102404 of 2025 under an obligation to release the amount deposited by him as final security deposit at the time of participating in the tender process. Hence, he submits that the respondents are under an obligation to release the FSD amount. 5. Learned counsel for the respondent would submit that, he does not dispute the fact that the petitioner deposited FSD amount at the time of participating in the tender process and also the amount due to the petitioner was paid to the petitioner after completion of work satisfactorily, but the FSD amount was not released. 6. The petitioner having executed the work satisfactorily, is legally entitled for refund of FSD amount. However, the respondents have not refunded the FSD amount to which the petitioner is legally entitled. 7. The respondents having admitted that the petitioner is entitled for refund of FSD amount, it is expedient to dispose of the writ petition directing the respondent Nos.1 and 2 to release FSD amount of Rs.4,75,000/- by the petitioner at the time of participating in the tender process. 8. The said amount of Rs.4,75,000/- to be refunded by the respondent Nos. 1 and 2 with interest at the rate of 8% per annum from the date it fell due till actual payment. 9. The said exercise shall be completed within three months from the date of receipt of copy of this order.” 3. The learned AGA would not dispute the position of law as is considered by the Co-ordinate Bench as quoted supra. 4. In that light, the petition deserves to succeed. The petition stands disposed in the same terms that are ordered by the Co-ordinate Bench. - 10 - HC-KAR NC: 2025:KHC-D:15708 WP No. 102404 of 2025 Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE RSH/CT-ASC List No.: 1 Sl No.: 274