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2025 DAILYLAW 88225 (KAR)

SRI G KOTESHWAR RAO v. STATE OF KARNATAKA

WP/31493/2025 · 2025-12-09

Suraj Govindaraj

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:52172 WP No. 31493 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 31493 OF 2025 (GM-RES) BETWEEN: SRI. G KOTESHWAR RAO AGED ABOUT 61 YEARS S/O. G.MASTHANAIAH, NO.67, SUBHODAYA NILAYA, MALATHA HALLI, NGEF LAYOUT, BANGALORE - 560 056. …PETITIONER (BY SRI. VASU DEVA NAIDU S, ADVOCATE) AND: 1. STATE OF KARNATAKA REP.BY THE SECRETARY, DEPARTMENT OF IRRIGATION, GOVERNMENT OF KARNATAKA, VIDHANA SOUDHA, BANGALORE - 560 001. 2. THE MANAGING DIRECTOR, KARNATAKA NEERAVARI NIGAM LIMITED, COFFEE BOARD BUILDING, NO.1, DR. B. R. AMBEDKAR VEEDHI, BANGALORE - 560 001. 3. THE EXECUTIVE ENGINEER, KARNATAKA NEERAVARI NIGAM LIMITED, SIDDAPURA, RAMAGUNDAM, UDUPI DISTRICT, Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:52172 WP No. 31493 of 2025 UDUPI - 576 101. …RESPONDENTS (BY SRI. B. RAVINDRANATH, AGA) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT MORE PARTICULARLY A DIRECTION IN THE NATURE OF WRIT OF MANDAMUS TO CONSIDER THE REPRESENTATION OF THE PETITIONER DATED 18.06.2025 MARKED AS ANNEXURE-A OR ANY OTHER APPROPRIATE WRIT OR ORDERS DEEMED FIT DIRECTING THE RESPONDENTS TO RELEASE THE ADMITTED PAYMENT DUE UNDER THE SUBJECT CONTRACT AS PER PETITIONERS REPRESENTATION DATED 18.06.2025 AND ETC., 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. Learned Additional Government Advocate accepts notice for respondent No.1. 2. Sri. B.R.Prashanth, learned counsel is directed to accept notice for respondent Nos.2 and 3. 3. The petitioner has before this court seeking for the following relief: - 3 - HC-KAR NC: 2025:KHC:52172 WP No. 31493 of 2025 "WHEREFORE the Petitioner prays that, the Hon'ble Court may be pleased to issue an appropriate Writ or Direction more particularly a direction in the nature of Writ of Mandamus to consider the representation of the petitioner dated 18.06.2025 marked as Annexure-A or any other appropriate writ or orders deemed fit directing the respondents to release the admitted payment due under the subject contract as per petitioners representation dated 18.06,2025 and pass such further or other orders as the Hon'ble Court may deem fit and proper in the interest of justice and equity." 4. The petitioner claims that he has completed the work in terms of the agreement dated 23.02.2023 and raised his running bills in respect thereto, which though has been certified for payment has not been paid and as such, the petitioner has submitted his representation on 18.06.2025 for payment, which has not been considered. 5. Whenever, any representation is required for the respondents to consider the same and pass necessary orders within a reasonable period of time either accepting or rejecting the request made in the present matter. 6. Needless to say, if an order of rejection is passed, the same would have to be accompanied by reasons. Neither having been done, I pass the following: ORDER i) The writ petition is allowed. - 4 - HC-KAR NC: 2025:KHC:52172 WP No. 31493 of 2025 ii) The respondents are directed to consider the representation of the petitioner dated 18.06.2025 at Annexure-A strictly in terms of agreement entered into between the parties and pass necessary orders within a period of 30 days from the date of receipt of a copy of this order. iii) It is made clear that this Court has not expressed any opinion on the entitlement of the petitioner for any of the amounts sought for in this representation. The same would have to be calculated and adjudicated by the respondents in terms of the agreement. SD/- (SURAJ GOVINDARAJ) JUDGE GJM List No.: 1 Sl No.: 9