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2025 DAILYLAW 86771 (KAR)

M/S SUMA PRINTS v. THE ADDITIONAL DISTRICT ELECTION OFFICER (CENTRAL)

WP/30026/2025 · 2025-10-29

Suraj Govindaraj

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:43100 WP No. 30026 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 30026 OF 2025 (GM-TEN) BETWEEN: M/S SUMA PRINTS A REGISTERED PROPRIETORSHIP HAVING REGISTERED OFFICE AT GROUND NO.34, 3RD FLOOR, J M ARCADE, ANNIPURA MAIN ROAD, SUDHAMANAGAR, BENGALURU- 560 027 REPRESENTED BY ITS PROPRIETOR M.THEERTHA RAJU …PETITIONER (BY SRI. RANGANATH R., ADVOCATE) AND: 1. THE ADDITIONAL DISTRICT ELECTION OFFICER (CENTRAL) BRUHATH BENGALURU MAHANAGARA PALIKE N R SQUARE BENGALURU- 560 002 2. THE CHIEF COMMISSIONER BRUHATH BENGALURU MAHANAGARA PALIKE N R SQUARE BENGALURU- 560002 Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:43100 WP No. 30026 of 2025 3. THE ASSISTANT COMMISSIONER (ELECTION) BRUHATH BENGALURU MAHANAGARA PALIKE, N R SQUARE, BENGALURU- 560002 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. EMAIL: ceo_karnataka@eci.gov.in …RESPONDENTS (BY SRI. B L SANJEEV., ADVOCATE FOR R1 TO R3; S.R. DODWAD FOR R4 AND R5) THIS WP 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 APPEAL LETTERS DATED 28.04.2025 (3 NOS) (ANNEXURE- E TO E2) AND RELEASE THE PAYMENTS AS AGAINST THE BILLS SUBMITTED BY THE PETITIONER FOR THE SUM OF RS.4,01,807/- (RUPEES FOUR LAKH ONE THOUSAND EIGHT HUNDRED SEVEN ONLY) ALONG WITH AN INTEREST OF 18 - 3 - HC-KAR NC: 2025:KHC:43100 WP No. 30026 of 2025 PERCENT PER ANNUM FROM THE DATE IT IS DUE TILL THE DATE OF PAYMENTS. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. Shri B.L. Sanjeev, learned counsel is directed to accept notice for respondents No.1 to 3. 2. Shri S.R. Dodwad, learned counsel is directed to accept notice for respondents No.4 and 5. 3. Petitioner is before this Court seeking for the following reliefs: "i. Issue a writ of mandamus directing Respondent No.1 to consider the Appeal Letters dated 28.04.2025 (3 Nos) (ANNEXURE-E to E2) and release the payments as against the bills submitted by the Petitioner for the sum of Rs.4,01,807/- (Rupees Four Lakh One Thousand Eight Hundred Seven Only) 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." - 4 - HC-KAR NC: 2025:KHC:43100 WP No. 30026 of 2025 4. The grievance of the petitioner is that as regards the works completed by the petitioner in terms of which the petitioner has raised various bills, the amounts required to be paid has not been paid, as such various representations have been submitted at Annexure-E series which has also not been considered. 5. Whenever any bills are raised on a statutory Authority, it is required for such State Authority to consider the same and pass necessary order either accepting or rejecting the bills which are raised. Neither having been done, I pass the following; ORDER (i) The writ petition is partly-allowed. (ii) Respondents are directed to consider the bills raised along with supporting documents and the representations produced in the above matters at Annexure-E series within a period of 45 days from date of receipt of copy of this order. - 5 - HC-KAR NC: 2025:KHC:43100 WP No. 30026 of 2025 (iii) It is made clear that this Court has not expressed any opinion on the entitlement of the petitioner. SD/- (SURAJ GOVINDARAJ) JUDGE JY List No.: 1 Sl No.: 5