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2026 DAILYLAW 17231 (KAR)

P. PUTTASWAMY v. CHIEF ENGINEER

WP/18694/2023 · 2026-02-23

M G S Kamal

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:11106 WP No. 18694 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL WRIT PETITION NO. 18694 OF 2023 (GM-RES) BETWEEN: P. PUTTASWAMY S/O PUTTAIAH, AGED ABOUT 65 YEARS, PRESENTLY RESIDING AT NO. 98 SHREE ADHISHAKTI NILAYA, 3RD CROSS ROAD BHUVANESHWARANAGAR, WARD NO.27, RAMANAGAR TOWN, RAMANAGARA -562 159. …PETITIONER (BY SRI. B.V. KRISHNA.,ADVOCATE (VC) AND: 1. CHIEF ENGINEER COMMUNICATIONS AND BUILDINGS(S) PUBLIC WORKS DEPARTMENT K R CIRCLE, BANGALORE -560 001. 2. EXECUTIVE ENGINEER PUBLIC WORKS, PORTS AND INLAND, WATER TRANSPORT DEPARTMENT RAMANAGAR DISTRICT- 562 159. 3. STATE OF KARNATAKA DEPARTMENT OF SCHOOL EDUCATION AND LITERACY, K.R CRICLE, BANGALORE - 560 001. Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:11106 WP No. 18694 of 2023 REPRESENTED BY ITS PRINCIPAL SECRETARY. 4. DIRECTOR DEPARTMENT OF SCHOOL EDUCATION AND LITEREACY (PU BOARD), 18TH CROSS, MALLESHWARAM, BANGALORE-560 012. …RESPONDENTS (BY SMT. B. SUKANYA BALIGA, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE RESPONDENTS TO PAY TO THE PETITIONER A SUM OF RS. 79,18,000-00 (RUPEES SEVENTY NINE LAKHS EIGHTEEN THOUSAND ONLY) ALONG WITH 24 PER CENT INTEREST PA FROM THE DATE OF 07.04.2014(DATE OF COMPLETION OF THE CONTRACT WORK) TILL PAYMENT AFTER CONSIDERATION OF THE REPRESENTATION DATED 07/02/2023 VIDE ANNEXURES-A AND B AND THE DEMAND NOTICE DATED 12/06/2023 ISSUED ON BEHALF OF THE PETITIONER VIDE ANNEXURE-C. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL - 3 - HC-KAR NC: 2026:KHC:11106 WP No. 18694 of 2023 ORAL ORDER By order dated 05.02.2026 this Court taking note of the submissions made and the memo filed by the learned AGA along with two orders passed by the respondent/State, has passed the following order; Learned AGA files a memo along with two orders of Respondent-State. Referring to the same she submits that though initially a sum of Rs.79.18 lakhs was released, the same was returned unpaid and later, on verification of records, it was found that petitioner was entitled only for Rs.55.53 lakhs. She further submits that in view of stoppage of work for the reasons attributed to the previous contractor, the contract was cancelled. However, she submits that the admitted amount of Rs.55.53 lakhs as against the claim of Rs.79.18 lakhs would be paid to the petitioner within 10 days. As regards the remaining amount, she submits that the petitioner may approach the concerned Department to resolve the matter in accordance with law. Call this matter on 23.02.2026 to report the payment of admitted amount. 2. In furtherance thereon, today a memo dated 23.02.2026 is filed by learned AGA reporting payment of admitted amount after deducting the applicable GST thereof. A memo is also enclosed with two documents namely, (i) Contract Certificate reflecting the details of payment, and - 4 - HC-KAR NC: 2026:KHC:11106 WP No. 18694 of 2023 (ii) Payment details paid on 19.2.2026 for a sum of Rs.5,084,683/-. Same is taken on record. 3. Learned counsel for the petitioner appearing through video conference submits that the petitioner apart from being entitled for the remaining amount, is also entitled for interest for the delay in payment even on the admitted amount. He also submits that liberty may be reserved to the petitioner to claim balance bill amount as well as the interest on the admitted amount. 4. Learned AGA submits that if the petitioner makes a fresh representation in respect of his claim for the balance amount and the interest if any, the same would be considered in accordance with law. 5. Submission is taken on record. 6. That as against the admitted amount of Rs.55,53,000/-, a sum of Rs.50,84,683/- having been paid on 19.02.2026 and in the light of submissions made by the counsel for the petitioner as well as learned AGA, petition is - 5 - HC-KAR NC: 2026:KHC:11106 WP No. 18694 of 2023 disposed of, reserving liberty to the petitioner to make a fresh representation to respondent No.2 in respect of the balance amount as well as his claim for the interest on the admitted amount if any, within a period of 30 days from the date of receipt of certified copy of this order. If such representation is made, the respondent No.2 after affording sufficient opportunity to the petitioner to represent his case, pass appropriate orders within 60 days thereafter. Sd/- (M.G.S. KAMAL) JUDGE RU List No.: 1 Sl No.: 9