- 1 - HC-KAR NC: 2025:KHC:49213 WP No. 18451 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.18451 OF 2023 (GM-RES) BETWEEN: SRI. B.SHIVSHANKAR, AGED ABOUT 60 YEARS, S/O T.K. BASAVARAJU R/A NO.200, 4TH CROSS ROAD, 1ST STAGE, GANGOTHRI LAYOUT, MYSURU, KARNATAKA – 570 009. …PETITIONER (BY SRI. KASHINATH J D., ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, URBAN DEVELOPMENT DEPARTMENT, M.S. BUILDING, BANGALORE – 560 001 REPRESENTED BY THE GOVERNMENT ADVOCATE, ATTACHED TO THE OFFICE OF THE ADVOCATE GENERAL OF KARNATAKA BANGALORE – 560 001. Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:49213 WP No. 18451 of 2023 2. BANGALORE DEVELOPMENT AUTHORITY (BDA) CHOWDAIAH ROAD, SANKY ROAD, KUMARA PARK WEST, BANGALORE – 560 020 REPRESENTED BY ITS COMMISSIONER. …RESPONDENTS (BY SRI. MAHANTESH SHETTAR., AGA FOR R1; SRI. MAHOHAR MARAPPA, ADVOCATE FOR R2) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE COMMUNICATION BEARING NO.NAAE 81 BEMBHUSWA 2022 DATED 06.03.2023 PRODUCED AT ANNEXURE-A AND ALL OTHER REPORT AND OR OPINIONS SEEKING TO IMPLICATE THE PETITIONER FOR DELAY IN FILING OF THE COM A.S.NO. 112/2019 AND ALL OR ANY ACTIONS WHICH ARE INITIATED IN FURTHERANCE OF THE COMMUNICATION PERTAINING TO THE PETITIONER BE QUASHED, IN THE INTEREST OF JUSTICE. THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH - 3 - HC-KAR NC: 2025:KHC:49213 WP No. 18451 of 2023 ORAL ORDER Heard the learned counsel appearing for the parties. 2. In this writ petition, the petitioner is assailing the communication dated 06.03.2023 (Annexure-A) and consequent reports with regard to the action taken against the petitioner. 3. It is forthcoming from the writ papers that, the petitioner was working as a Chief Engineer in the Government of Karnataka and was deputed as Engineering Member of respondent No.2-BDA on 24.01.2019 and the petitioner thereafter retired on 30.06.2020. It is also to be noted that, the dispute has been raised in the arbitration proceedings as to the non-payment of dues and in this regard, the award came to be passed on 05.11.2018. Thereafter, the award passed by the learned Arbitrator was questioned before the competent Court under Section 34 of the Arbitration and Conciliation Act (hereinafter referred to as 'Act'). In view of the delay in filing the petition, the appeal came to be dismissed on the ground of delay and in this regard, the respondent-authorities had made - 4 - HC-KAR NC: 2025:KHC:49213 WP No. 18451 of 2023 allegation against the petitioner that he has caused delay in filing the appeal. 4. In this regard, a careful consideration of the factual aspects on record would indicate that the petitioner was Engineering Member of the BDA from 24.01.2019 till retirement on 30.06.2020. 5. It is also to be noted that, due date of completion of the project was on 29.11.2012 and however, the actual date of completion of the project was 30.05.2016 as per Annexure-H to the writ petition. In this regard, a careful consideration of the reasons assigned by the respondent No.2-BDA, would indicate that the petitioner has caused delay in filing the appeal under Section 34 of the Act before the competent Court. However, on perusal of the writ petition would indicate that, the allegation made against the petitioner cannot be accepted for sole reason as nothing has been placed by the respondent-authorities on how many days the file was lying with the petitioner and also the decision taken by the higher authorities of respondent No.2 to entrust the matter to the learned advocate for filing petition under Section 34 of the Act. In that view of the matter, I find - 5 - HC-KAR NC: 2025:KHC:49213 WP No. 18451 of 2023 force in the submission made by the learned counsel for the petitioner. In the result, I pass the following- ORDER (i) The writ petition is allowed. (ii) The Communication dated 06.03.2023 bearing No.NAAE 81 BEMBHUSWA 2022 (Annexure-A) and all further proceedings taken against the petitioner are hereby set aside. (iii) It is also made clear that the observation made above is only in respect of the petitioner alone. SD/- (E.S.INDIRESH) JUDGE MEG List No.: 1 Sl No.: 16