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2026 DAILYLAW 14603 (KAR)

K J PANDURANGA v. THE STATE OF KARNATAKA

WA/471/2026 · 2026-02-25

C M Poonacha

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:11774-DB WA No. 471 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF FEBRUARY, 2026 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT APPEAL NO. 471 OF 2026 (GM-RES) BETWEEN: K J PANDURANGA S/O LATE JAVAREGOWDA, AGED ABOUT 56 YEARS, R/AT DODDANAKATTE, VITTALAPURA POST, BOOKINAKERE HOBLI, KR PETE TALUK, MANDYA DISTRICT- 571426 …APPELLANT (BY SRI. SHARATH S GOWDA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA PRINCIPAL SECRETARY, WATER RESOURCE DEPARTMENT, VIKASA SOUDHA, BENGALURU-560001 2. THE DEPUTY COMMISSIONER MANDYA DISTRICT PARK ROAD 2, PES COLLEGE CAMPUS, NEAR DISTRICT COURT, MANDYA-571401. 3. KAVERI NEERAVARI NIGAM LIMITED, SURFACE WATER DATA CENTER BUILDING, Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:11774-DB WA No. 471 of 2026 3RD AND 4TH FLOOR, ANAND RAO CIRCLE, BANGALORE-560009. REP BY ITS MANAGING DIRECTOR 4. THE CHIEF ENGINEER, KAVERI NEERAVARI NIGAM LIMITED, HEMAVATHI PROJECT SECTOR, GORUR, ARKALGUD, HASSAN DISTRICT HASSAN-573120. 5. THE SUPERINTENDENT ENGINEER KAVERI NEERAVARI NIGAM LIMITED, HEMAVATHI CANAL CIRCLE, CHANNARAYAPATNA, HASSAN DISTRICT PIN CODE-573116. 6. THE EXECUTIVE ENGINEER KAVERI NEERAVARI NIGAM LIMITED, CNNL DIVISION 3, KRISHNARAJPET, MANDYA DISTRICT PIN CODE-571426 …RESPONDENTS (BY SRI. K.S. HARISH, GA FOR R1 & R2) THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO CALL FOR THE RECORDS, MODIFY THE IMPUGNED ORDER DATED 13/11/2025 PASSED BY THE LEARNED SINGLE JUDGE IN WP NO. 4713/2022, IN SO FAR AS IT RELATES TO NOT CONSIDERING PRAYER B IN DIRECTING THE RESPONDENT AUTHORITIES TO PAY INTEREST ON THE ADMITTED DUE OF RS.41,58,810/- FROM THE DATE ON WHICH THE BILLS RAISED TILL ITS REALISATION. THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:11774-DB WA No. 471 of 2026 CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MR. JUSTICE C.M. POONACHA ORAL JUDGMENT (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. For the reasons stated in the application I.A.No.1/2026, the same is allowed and the delay of 47 days in filing the appeal is condoned. 2. The appellant has filed the present appeal impugning an order dated 13.11.2025 passed by the learned Single Judge in Writ petition No.4713/2022(GM-RES). The appellant had filed the said petition praying that the respondent authorities be directed to release the amount of `41,58,810/-. It is the appellant's case that the said amount was admittedly paid for the work carried out in terms of the work order dated 09.06.2011. It is material to note that the petition was filed in the year 2022. The learned Single Judge allowed the writ petition and directed the respondents to pay an amount `41,58,810/- to the appellant. The Court further directed that in the event of failure to pay the amount within a period of three months, the said amount shall - 4 - HC-KAR NC: 2026:KHC:11774-DB WA No. 471 of 2026 also carry an interest at the rate of 18% per annum. The appellant contends that although the appellant had asked for interest at the rate of 18% per annum from the date on which the bills were raised till realisation, the said prayer had not been considered. 3. It is apparent from the plain reading of the impugned order that the learned Single Judge had not considered other aspects including as to whether the claim made was within the period of limitation. Notwithstanding the same, the learned Single Judge had disposed of the said petition. Since the respondent has not filed an appeal against the impugned order and apparently accepted it, we refrain from examining the correctness of the impugned order insofar as it directs payment of the amount to the appellants for work done. 4. Insofar as the appellant's claim for interest is concerned, it is noted that the appellant is claiming pre-suit interest. It is well settled that pre-suit interest is a matter of substantive law. The appellant has not established its right to pre-litigation intent and also that such a claim is within limitation. - 5 - HC-KAR NC: 2026:KHC:11774-DB WA No. 471 of 2026 5. In view of the above, we are not persuaded to accept that any interference is called for on this account. However, this order will not preclude the appellant from claiming interest or any other amount in accordance with law. Needless to state that in the event, any such proceedings are instituted, all rights and contentions of the parties including as to the maintainability of the same are reserved. 6. The present writ appeal is accordingly, disposed of. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C.M. POONACHA) JUDGE BS List No.: 2 Sl No.: 32