- 1 - HC-KAR NC: 2025:KHC:52105 WP No. 525 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 525 OF 2023 (GM-TEN) BETWEEN: SRI. MANJU K.V. S/O SRI. VEERESH K.M. AGED ABOUT 39 YEARS R/AT NO.2035/123 12TH CROSS, NEAR OLD AYURVEDIC COLLEGE ANJANEYA BADAVANE DAVANAGERE-577004. …PETITIONER (BY SRI. PRITHVEESH M.K., ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF MINOR IRRIGATION DEPARTMENT VIDHANA SOUDHA AMBEDKAR VEEDHI BENGALURU-560001 REPRESENTED BY ITS PRINCIPAL SECRETARY. 2. THE EXECUTIVE ENGINEER MINOR IRRIGATION DIVISION Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:52105 WP No. 525 of 2023 CHITRADURGA DISTRICT AND TALUK-577501. 3. THE EXECUTIVE ENGINEER MINOR IRRIGATION DIVISION BELLARY-583101. 4. THE ASSISTANT EXECUTIVE ENGINEER MINOR IRRIGATION ND GROUNDWATER DEVELOPMENT DAVANAGERE-577004. 5. THE CHIEF ENGINEER MINOR IRRIGATION ND GROUNDWATER DEVELOPMENT K R CIRCLE BENGALURU-560001. …RESPONDENTS (BY SRI. MAHANTESH SHETTAR, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS NO.2 AND 3 TO RELEASE THE BALANCE AMOUNT DUE TO THE PETITIONER AMOUNTING FOR THE SUM OF RS.22,74,067/- (RUPEES TWENTY TWO LAKHS SEVENTY FOUR THOUSAND AND SIXTY SEVEN ONLY) UNDER THE TENDER AGREEMENT BEARING WORK ORDER NO.145/2016-17 AS PER PACKAGE NO.1 VIDE ANNEXURE- B1 BEARING NO. EE/MID/CTA/PB-2/47020 DATED 06.03.2017 AND THE SUM OF RS.21,35,291/- (RUPEES TWENTY ONE LAKHS THIRTY FIVE THOUSAND TWO HUNDRED AND TWENTY - 3 - HC-KAR NC: 2025:KHC:52105 WP No. 525 of 2023 ONE ONLY) UNDER THE TENDER AGREEMENT BEARING WORK ORDER NO.146/2016-17 AS PER PACKAGE NO.2 VIDE ANNEXURE- C1 BEARING NO. EE/MID/CTA/PB-2/4702 DATED 06.03.2017. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER 1. Heard learned counsel appearing for the petitioner and the learned Additional Government Advocate for the respondents. 2. It is submitted by the learned counsel appearing for the petitioner that, though the petitioner has completed the Work as per the tender of the respondent, however, the bills of the petitioner have not been satisfied by the respondent. In this regard, the petitioner has addressed representation dated 01.02.2019 (Annexure-H), to the respondent No.5 - The Chief Engineer, Minor Irrigation and Groundwater Development, Bengaluru. The respondent No.5, in turn addressed letter dated - 4 - HC-KAR NC: 2025:KHC:52105 WP No. 525 of 2023 06.03.2019 (Annexure-J) to the respondent No.2 to conduct spot inspection as per the terms and conditions of the tender and the norms of the respondent - Department and to take decision in the matter. However, learned counsel appearing for the petitioner submitted that, the direction issued by the respondent No.5 has not yet been considered by the respondent No.2 and accordingly, sought for interference of this Court. 3. Learned Additional Government Advocate submitted that, pursuant to the direction issued by this Court, respondent Nos. 2 to 4 are present before the Court and on their instructions, submitted with regard to sustaining the action of the respondents. Learned Additional Government Advocate, on instruction of the Respondent No.2 present before the Court, submitted that, pursuant to the direction issued by the respondent No.5 to conduct the spot inspection, respondent No.4 has conducted spot inspection as per letter dated 05.09.2023 and sent the report to the Competent Authorities. 4. Having taken note of the submissions made by the counsel appearing for the parties, it is not in dispute as to the - 5 - HC-KAR NC: 2025:KHC:52105 WP No. 525 of 2023 fact that the work was allotted in favour of the petitioner in terms of the tender notification, as per at Annexure A and A1 respectively for the purpose of construction of boundary trenches to 10 tanks in Harapanahalli Taluk, Davanagere District. Pursuant to award of tender, the agreement was entered into between the petitioner and the respondent - authorities, as per Annexure-B and the work order dated 06.03.2017 was issued to the petitioner as per Annexure-B1. It is the grievance of the petitioner that, since the bill/s of the petitioner has not been settled, the petitioner has addressed letter dated 01.02.2019 (Annexure-H) to the respondent No.5 and in turn, the respondent No.5 vide Letter dated 06.03.2019 (Annexure-J) issued direction to the respondent No.2, to conduct spot inspection in terms of the tender conditions and take decision with regard to release of funds in terms of the bills raised by the petitioner. In view of the submission made by the learned Additional Government Advocate, that though the letter dated 06.03.2019 (Annexure-J) has been issued by the respondent No.5 to the respondent No.2 to conduct spot inspection, however, the said order has been complied with by respondent Nos.2 and 4 as per the letter dated 05.09.2023, - 6 - HC-KAR NC: 2025:KHC:52105 WP No. 525 of 2023 after lapse of four years. In that view of the matter, though the higher Officer of the Department has addressed letter to the respondent Nos.2 and 4 to do a particular thing as required under law, it is not forthcoming as to why the respondent No.2 and 4 have neglected and disobeyed the letter addressed by the respondent No.5 to conduct the spot inspection immediately, and complied with the direction after a period of four years from the date of issuance of Annexure-J to the Writ Petition. It is also to be noted that the Writ Petition is filed on 05.01.2023, and thereafter the spot inspection has been conducted by the respondent Nos.2 and 4 pursuant to the receipt of the notice from this Court. In that view of the matter, it is evident that the letter addressed by the respondent No.5 has not been adhered to and not obeyed by the respondent Nos.2 and 4 who were the subordinate Officers of the respondent No.5 are obliged to obey such directions, and accordingly, it is a clear case of disobedience of the direction issued by the higher officer, by the respondent Nos.2 and 4. 5. Therefore, taking into consideration the averments made in the Writ Petition and as the petitioner has completed the Work, the respondent Nos. 2 to 4 are hereby directed to - 7 - HC-KAR NC: 2025:KHC:52105 WP No. 525 of 2023 release the balance amount due to the petitioner in the sum of Rs.22,74,067/-, as per the Work Order (Annexure-B1)and in the sum of ₹21,35,291/- as per Work Order (Annexure-C1), to the petitioner in accordance with law, within four weeks from the date of receipt of certified copy of this order. 6. With the above observation, the Writ Petition stands disposed of. 7. Needless to say that the respondent No.1 shall initiate appropriate action against respondent Nos.2 and 4 for their disobedience to the order passed by the respondent No.5 and for having caused delay in satisfying the claim made by the petitioner herein. Such actions of the respondent Nos.2 and 4 is deprecated. 8. It is also made clear that the respondent No.1, as directed above, shall take appropriate action against the Officers who are/were in charge of the Office of respondent Nos. 2 and 4 at the relevant point of time i.e., during the period of the issuance of the letter dated 06.03.2019 by the respondent No. 5 and compliance of the same be made known to this Court by way of affidavit at the earliest, within an outer - 8 - HC-KAR NC: 2025:KHC:52105 WP No. 525 of 2023 limit of four months from the date of receipt of certified copy of this order. 9. In view of disposal of the main matter, the pending I.As. do not survive for consideration. SD/- (E.S.INDIRESH) JUDGE sac List No.: 1 Sl No.: 58