- 1 - HC-KAR NC: 2026:KHC-D:2639 WP No. 105474 of 2016 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 19TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 105474 OF 2016 (GM-TEN) BETWEEN: RAMESH ROADLINES TRANSPORT CONTRACTORS, SIRUGUPPA ROAD, REPUBLIC CIRCLE, BELLARY-583102, REPRESENTED BY ITS PROPRIETOR, SHRI K.THIMMAPPA S/O K.RAMAPPA, AGE: 61 YEARS, OCC: BUSINESS, C/O: REPUBLIC CIRCLE, SIRUGUPPA ROAD, BALLARI-583102. …PETITIONER (BY SMT. SURABHI KULKARNI FOR SRI. CHETAN MUNOLI, ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER, (FOOD DEPARTMENT), BALLARI DIST, BELLARI-583102 2. KARNATAKA FOOD AND CIVIL SUPPLIES LIMITED, 16/1, MILLERS TANK BED AREA, VASANT NAGAR, BANGALURU-560052, REPRESENTED BY ITS, MANAGING DIRECTOR, AND APPOINTING AUTHORITY. 3. KARNATAKA FOOD AND CIVIL SUPPLIES CORPORATION LIMITED, Digitally signed by YASHAVANT NARAYANKAR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC-D:2639 WP No. 105474 of 2016 BELLARI, REPRESENTED BY ITS DISTRICT MANAGER. …RESPONDENTS (BY SRI. T. HANUMAREDDY, AGA FOR R1; R2 AND R3 ARE SERVED UNREPRESENTED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, A) ISSUE A WRIT OF MANDAMUS OR ANY OTHER WRIT, ORDER OR DIRECTION DIRECTING THE RESPONDENT NO.1 AND 3 TO ISSUE RECEIPTS FOR HAVING RECEIVED THE MATERIAL FOR THE MONTH AUGUST 2011 AS PER THE REQUEST LETTER PRODUCED AS PER ANNEXURE-A DATED 07.11.2015; B) TO ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENTS TO RELEASE THE BILL FOR THE MONTH OF AUGUST 2011 FOR HAVING SUPPLIED THE FOOD-GRAINS AS PER THE TERMS OF THE TENDER; C) ISSUE ANY OTHER WRIT OR DIRECTION WHICH THIS HON’BLE DEEM FIT TO MEET THE ENDS OF JUSTICE. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER The present writ petition is filed seeking the following prayers: “a) Issue a writ of mandamus or any other writ, order or direction directing the respondent No.1 and 3 to issue receipts for having received the material for the month August 2011 as per the request letter produced as per Annexure-A dated 07.11.2015; - 3 - HC-KAR NC: 2026:KHC-D:2639 WP No. 105474 of 2016 b) To issue a writ of mandamus directing the respondents to release the bill for the month of August 2011 for having supplied the food-grains as per the terms of the tender; c) Issue any other writ or direction which this Hon’ble deem fit to meet the ends of justice.” 2. The petitioner is seeking a writ of mandamus directing the respondents to release the bill due for the month of August 2011. It is the case of the petitioner that the respondents have invited tenders for transportation of food items. It is stated that during the period of supply of food items one B.Narayanamurty, Senior Assistant, was an in-charge of the godown at Siruguppa. Due to unauthorized absence of said officer from duty on 19.08.2011, direction was issued to verify the accounts. Accordingly on 26.08.2011, the Senior Assistant, District Manager and Senior Deputy General Manager inspected the godown and submitted the report. Before conducting the inspection, a complaint was lodged to the police on 24.08.2011. Based on preliminary inspection dated 19.08.2011 for shortage of food items to the tune of Rs.20,09,875/-. It is the allegation that the said B.Narayanamurty has misappropriated the amount. Hence, a case was registered and he has accepted the guilt and agreed to pay the misappropriated amount. The petitioner - 4 - HC-KAR NC: 2026:KHC-D:2639 WP No. 105474 of 2016 submitted request letters dated 24.08.2011 and 30.08.2011 to issue receipts for having received the food grains for the month of August-2011 to the tune of 997000 quintal of rice and 142200 quintal of wheat, which will enable to submit the bill. It is the case of the petitioner that he has approached the respondent several times and submitted fresh request letter on 07.11.2015. The respondent No.1 and 3 have personally received the communication dated 07.11.2015 and the said representation has been served on respondent No.2 by courier on 30.11.2015. In spite of the same, there is no action on the part of the respondents. 3. When this matter came up before Co-ordinate Bench of this Court on 05.08.2024, it was observed that the learned AGA seeks time to produce the inward book. Now, the learned AGA submits that the inward book will be with the respondent No.3 and not with the Deputy Commissioner. The notice to the respondent No.3 is served on 02.08.2024. In spite of service of notice, the respondent No.3 has chosen not to appear before this Court. The objections are filed on behalf of the respondent No.1/Deputy Commissioner. Basing on the said objections, the - 5 - HC-KAR NC: 2026:KHC-D:2639 WP No. 105474 of 2016 learned AGA submits that till today the petitioner has not submitted the bills with necessary documents and therefore, the claim of the petitioner was still pending before the respondents. 4. To submit the bill, according to the petitioner, receipts have to be issued by the respondent No.3 and for the reason best known to the respondent No.3, he has not appeared before this Court inspite of issuing notice. In that view of the matter, this court deems it appropriate to allow the writ petition. Accordingly, this Court is passing the following: ORDER (i) The respondent No.3 shall issue the receipts for having received the material for the month of August-2011 as per the letter dated 07.11.2015 given by the petitioner. (ii) The whole exercise shall be completed within four weeks from the date of receipt of the copy of the order. - 6 - HC-KAR NC: 2026:KHC-D:2639 WP No. 105474 of 2016 (iii) Accordingly, the writ petition is allowed. (iv) All I.As., in this writ petition stand closed. Sd/- JUSTICE LALITHA KANNEGANTI YAN CT: CNB List No.: 1 Sl No.: 66