- 1 - HC-KAR NC: 2025:KHC:46229 WP No. 4713 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 4713 OF 2022 (GM-RES) BETWEEN: 1. K J PANDURANGA S/O LATE JAVEREGOWDA AGED ABOUT 53 YEARS R/AT DODDANAKATTE VITTALAPURA POST BOOKINAKERE HOBLI K R PETE TALUK MANDYA DISTRICT - 571 426. …PETITIONER (BY SRI. SHARATH S GOWDA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA PRINCIPAL SECRETARY WATER RESOURCE DEPARTMENT VIKASA SOUDHA BENGALURU - 560 001. 2. THE DEPUTY COMMISSIONER MANDYA DISTRICT PARK ROAD 2, PES COLLEGE CAMPUS NEAR DISTRICT COURT MANDYA - 571 401. 3. KAVERI NEERVARI NIGAM LIMITED Digitally signed by ARUNKUMAR M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:46229 WP No. 4713 of 2022 SURFACE WATER DATA CENTER BUILDING 3RD AND 4TH FLOOR, ANAND RAO CIRCLE BENGALURU - 560 009 REPRESENTED BY ITS MANAGING DIRECTOR. 4. THE CHIEF ENGINEER KAVERI NEERVARI NIGAM LIMITED HEMAVATHI PROJECT SECTOR GORUR ARKALGUD HASSAN DISTRICT HASSAN - 573 120. 5. THE SUPERINTENDENT ENGINEER KAVERI NEERAVARI NIGAM LIMITED HEMAVATHI CANAL CIRCLE CHANNARAYAPATNA HASSAN DISTRICT - 573 116. 6. THE EXECUTIVE ENGINEER KAVERI NEERAVARI NIGAM LIMITED CNNL DIVISION - 3 KRISHNARAJPET MANDYA DISTRICT - 571 426. …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 RESPONDENT AUTHORITIES TO RELEASE THE PENDING BILL AMOUNT OF RS.41,58,810/- RAISED BY THE PETITIONER TOWARDS THE WORK CARRIES OUT IN TERMS OF THE WORK ORDER DATED 09.06.2011 VIDE WORK ORDER - 3 - HC-KAR NC: 2025:KHC:46229 WP No. 4713 of 2022 NO.11/2011-12 VIDE ANNEXURE-A IN TERMS OF LETTER DATED 20.01.2017 VIDE ANNEXURE-H; AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER Heard Sri. Sharath S. Gowda, learned counsel appearing for the petitioner; Sri. Mahantesh Shettar, learned counsel appearing for the respondent-State; Sri. Prashanth B. R., learned counsel appearing for the respondent Nos. 3 to 6. 2. In this writ petition, the petitioner has sought for direction to the respondent-authorities to release the pending bill amount of Rs.41,58,810/- in respect of the work carried out by the petitioner as per the work order dated 09.06.2011 vide Annexure- A. - 4 - HC-KAR NC: 2025:KHC:46229 WP No. 4713 of 2022 3. Having heard the learned counsel for the parties and upon careful consideration of Annexure–H, it is evident that the respondents have admitted liability to pay a sum of Rs.41,58,810/– to the petitioner for the work undertaken for the respondent–Government. In this context, it is relevant to extract paragraph 8 of the order dated 08.01.2025 in SLP (Civil) No. 14350 of 2022, which reads as follows: "8. Be that as it may, the High Court has not dealt with the merits of the writ petition. Moreover, it is not an inviolable rule that no money claim can be adjudicated upon in exercise of writ jurisdiction. Non- payment of admitted dues, inter alia, may be considered an arbitrary action on the part of respondents and for claiming the same, a writ petition may lie. Further, throwing a writ petition on ground of availability of alternative remedy after 10 years, particularly, when parties have exchanged their affidavits, is not the correct course unless there are disputed questions of fact which by their very - 5 - HC-KAR NC: 2025:KHC:46229 WP No. 4713 of 2022 nature cannot be adjudicated upon without recording formal evidence." 4. Following the declaration of law by the Hon’ble Supreme Court, it is the duty of the State to pay admitted dues to the petitioner. Therefore, the respondents are directed to release the pending bill amount of Rs.41,58,810/–, as reflected in Annexure– A, to the petitioner within an outer limit of three months from the date of receipt of a certified copy of this order. It is further made clear that, in the event of failure to pay the admitted dues within the stipulated period, the principal amount of Rs.41,58,810/– shall carry interest at the rate of 18% per annum, which shall be payable by the respondents at the time of realization. Accordingly, the writ petition is disposed of. SD/- (E.S.INDIRESH) JUDGE SB:List No.: 1 Sl No.: 14