- 1 - HC-KAR NC: 2026:KHC:15924 WP No. 24038 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 24038 OF 2024 (GM-RES) BETWEEN: SRI. K.B.KUMAR, SON OF BUDE GOWDA, AGED ABOUT 52 YEARS, I GRADE CONTRACTOR, RESIDING AT NO.155, 4TH MAIN, MOKSHA MARGA, SIDDARTHANAGR, MYSURU - 570 001. …PETITIONER (BY SMT.ROOPA SHIVAPPA NAIK, ADVOCATE) AND: 1. STATE OF KARNATAKA, DEPARTMENT OF MINOR IRRIGATION AND GROUND WATER DEVELOPMENT, VIKASA SOUDHA, DR. AMBEDKAR VEEDHI ROAD, BENGALURU - 560 001. REPRESENTED BY ITS PRINCIPAL SECRETARY. 2. SUPERINTENDING ENGINEER, MINOR IRRIGATION AND GROUND WATER DEVELOPMENT CIRCLE, OFFICE AT JODI ROAD, Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:15924 WP No. 24038 of 2024 KUVEMPUNAGARA, MYSURU - 570 023. 3. EXECUTIVE ENGINEER, MINOR IRRIGATION AND GROUND WATER DEVELOPMENT DIVISION, OFFICE AT NAZARABAD, MYSURU - 570 010. …RESPONDENTS (BY SRI.ADITHYA DIWAKAR, AGA FOR R1 TO R3) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO CONSIDER THE REPRESENTATION DATED 12.07.2024 SUBMITTED BY THE PETITIONER TO THE RESPONDENTS (ANNEXURE-A, B AND C) AND PASS APPROPRIATE ORDER IN ACCORDANCE WITH LAW. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER Captioned petition is filed by a Class I Contractor who is aggrieved by inaction on the part of respondents in not considering petitioner's representation dated 12.07.2024 evidenced at Annexures A to C, where a request is made by the - 3 - HC-KAR NC: 2026:KHC:15924 WP No. 24038 of 2024 petitioner to release the amount of work carried out by the petitioner. 2. Heard the petitioner's counsel and learned Additional Government Advocate for the respondents. 3. The petitioner, a registered First Grade Contractor, asserts that he has successfully executed several works entrusted by the Government of Karnataka. In the present case, the respondents invited tenders for the work relating to the construction of a Lift Irrigation Scheme near Ananduru Village, intended to fill water into tanks situated at Maidanahalli, Meghalapura, Ilavala, GungralChatra, Yalachalahalli and Chikkanahalli villages in Mysuru Taluk. Pursuant to the tender process, a Work Order dated 23.08.2019 came to be issued in favour of the petitioner, wherein he was entrusted with the responsibility of constructing seven tanks. 4. It is the specific case of the petitioner that, during the course of execution of the said project, respondent No.3, invoking Clause 34 of the tender conditions, directed the - 4 - HC-KAR NC: 2026:KHC:15924 WP No. 24038 of 2024 petitioner to undertake additional works involving the construction of five more tanks. Acting upon such directions, the petitioner proceeded to execute the additional works to the satisfaction of the departmental authorities. Upon completion of the said additional works, the petitioner submitted a bill amounting to Rs.3,93,00,000/- towards the extra work executed. However, despite completion of the work within the stipulated time and submission of the bill, the respondents have failed to process and release the said amount, thereby exhibiting unwarranted inaction and administrative apathy. Left with no efficacious alternative remedy, the petitioner has approached this Court seeking appropriate relief. 5. The petitioner has, during the course of hearing, produced additional documents to substantiate his claim that the competent authorities have not only scrutinized but also approved the bills pertaining to the additional work executed. The said documents prima facie disclose that the respondents have acknowledged the execution of the additional works and have admitted that the petitioner is entitled to a sum of Rs.4,14,26,453.80/- towards the said works. These documents - 5 - HC-KAR NC: 2026:KHC:15924 WP No. 24038 of 2024 lend credence to the petitioner’s contention that the liability of the respondents to make payment is not in dispute. 6. Learned Additional Government Advocate, on instructions, fairly submits that in light of the admitted factual position emerging from the records, the respondents would consider the representation of the petitioner in an earnest manner and take appropriate steps for release of the admitted amount, in accordance with law. 7. This Court, having carefully examined the material placed on record, finds that the works entrusted to the petitioner, including the additional works, stood completed as early as on 21.07.2021. The records further reveal that the Executive Engineer, Minor Irrigation and Ground Water Development Division, Mysuru, has acknowledged that the final bill, inclusive of the extra items executed by the petitioner, has been prepared and forwarded to the Finance Department for approval. Annexure-F, now placed on record, further indicates that pursuant to an inspection conducted by the competent authority, the final admitted bill has been quantified at Rs.4,03,02,744.03/- and is recommended for payment. - 6 - HC-KAR NC: 2026:KHC:15924 WP No. 24038 of 2024 8. In the light of the aforesaid admitted facts, particularly when the execution of work and the quantification of the payable amount are not in serious dispute, this Court is of the considered opinion that the petitioner cannot be made to wait indefinitely for release of the legitimate dues. The prolonged delay, especially when the work was completed in the year 2021, is unjustified. 9. Before parting, this Court cannot but express its deep concern over the recurring tendency of Government officials to sit over claims which are otherwise admitted and legally payable. Such inaction, despite completion of works and due verification by the competent authorities, reflects a disturbing administrative indifference. Contractors who execute public works invest substantial financial resources, mobilize manpower, and often operate on borrowed funds with legitimate expectations of timely payment. When such dues are withheld for years together and are released only upon intervention of constitutional courts, it not only causes grave financial prejudice to the contractors but also erodes confidence in the fairness and efficiency of the State machinery. - 7 - HC-KAR NC: 2026:KHC:15924 WP No. 24038 of 2024 10. This Court is of the considered view that such delays have far-reaching consequences on public administration. If payments for executed works are not made within a reasonable time, competent and experienced contractors would be disinclined to participate in Government tenders, which, in turn, would adversely affect the quality, timely execution, and overall efficiency of public infrastructure projects. The State, being a model employer and a responsible contracting party, is expected to act fairly and promptly in honouring its financial commitments. 11. In the present case, the admitted dues pertain to works completed as far back as in the year 2021. The unjustified delay in disbursement has undoubtedly deprived the petitioner of the legitimate use of money rightfully due to him. Therefore, this Court finds that award of reasonable interest is not only justified but necessary, both as a measure of compensation for the petitioner and as a deterrent against such administrative lethargy in future. 12. Therefore, this Court deems it appropriate to issue necessary directions to the respondents while directing - 8 - HC-KAR NC: 2026:KHC:15924 WP No. 24038 of 2024 consideration of the petitioner’s representation dated 12.07.2024 in a time-bound manner. Accordingly, for the foregoing reasons, this Court proceeds to pass the following: ORDER (i) Writ petition is allowed. (ii) The respondents are thereby directed to consider petitioner's representation dated 12.07.2024 adverting to Annexure-F, the report prepared by the Assistant Executive Engineer dated 19.02.2026 passed in
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