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2026 DAILYLAW 200 (KAR)

SAHYADHRI COMMUNITY DEVELOPMENT v. THE STATE OF KARNATAKA

WP/101262/2026 · 2026-02-18

Lalitha Kanneganti

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC-D:2508 WP No. 101262 of 2026 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 18TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 101262 OF 2026 (GM-RES) BETWEEN: SAHYADHRI COMMUNITY DEVELOPMENT, AND WOMEN EMPOWERMENT SOCIETY (SCODWES), SAVINILAYA BUILDING, MAIN ROAD, MARATHIKOPPA, SIRSI 581402, UTTARA KANNADA DISTRICT, REP. BY ITS EXECUTIVE DIRECTOR, SHRI. VENKATESH LAMBODAR NAIK. …PETITIONER (BY SRI. A. P. HEGDE JANMANE, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REP. BY SECRETARY, HEALTH AND FAMILY WELFARE DEPARTMENT, BENGALURU. 2. THE COMMISSIONER, HEALTH AND FAMILY WELFARE DEPARTMENT, AROGYA SOUDHA, BENGALURU. 3. DEPUTY DIRECTOR (E.M.R.I.), HEALTH AND FAMILY WELFARE DEPARTMENT, BENGALURU. Digitally signed by YASHAVANT NARAYANKAR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC-D:2508 WP No. 101262 of 2026 4. DEPUTY COMMISSIONER, BALLARI DISTRICT, BALLARI. 5. THE DISTRICT HEALTH OFFICER, BALLARI DISTRICT, BALLARI. 6. THE DISTRICT RCH OFFICER, HEALTH AND FAMILY WELFARE DEPARTMENT, BENGALURU. …RESPONDENTS (BY SRI. T. HANUMAREDDY, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA, PRAYING TO, ISSUE APPROPRIATE WRIT, ORDER OR DIRECTION IN THE NATURE OF MANDAMUS, 1. DIRECTING RESPONDENTS TO MAKE PAYMENT OF RS.72,80,910/- WITH 18% P.A. INTEREST FROM MAY 2022 TO TILL ACTUAL PAYMENT TOWARDS SERVICE COST FROM APRIL 2021 TO APRIL 2022 FOR HAVING RUN TWO MOBILE MEDICAL UNITS IN SANDOOR AND KOODLAGI TALUKS OF BALLARI DISTRICT, IN THE INTEREST OF JUSTICE AND EQUITY. 2. PASS SUCH OTHER ORDERS AS THIS HON’BLE COURT DEEMS FIT UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE INCLUDING THE AWARD OF COSTS IN THE INTEREST OF JUSTICE AND EQUITY. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 3 - HC-KAR NC: 2026:KHC-D:2508 WP No. 101262 of 2026 ORAL ORDER The present writ petition is filed seeking the following prayer: “1. Directing Respondents to make payment of Rs.72,80,910/- with 18% p.a. interest from May 2022 to till actual payment towards service cost from April 2021 to April 2022 for having run two Mobile Medical Units in Sandoor and Koodlagi Taluks of Ballari District, in the interest of justice and equity. 2. Pass such other orders as this Hon’ble court deems fit under the facts and circumstances of the case including the award of costs in the interest of justice and equity”. 2. It is the case of the petitioner that, the petitioner is a Society registered under the Karnataka Societies Registration Act, 1960 and a non-government organization established in the year 2005 and has been relentlessly working for the community development and women empowerment. Respondent No.6 on 08.12.2022, issued completion certificate to the petitioner/Society for successfully completing the service of running two Mobile Medical Units in Ballari District from 26.05.2016 to 30.04.2022 and they have managed the same from 2016 to 2022. It is the grievance of the petitioner that an amount of Rs.72,80,910/- is due to the petitioner which is not paid by the respondents. In this regard, they have been approaching the respondents and in fact they issued a legal - 4 - HC-KAR NC: 2026:KHC-D:2508 WP No. 101262 of 2026 notice on 28.08.2024 to all the respondents demanding payment of Rs.72,80,910/- with interest rate at 18% per annum. It is submitted that, respondent No.6 admitted the liability of making payment of Rs.72,80,910/- to the petitioner/Society by requesting respondent No.2 on 01.03.2025 to make the payment of Rs.72,80,910/-. It is submitted that, when the work itself is done long back, the respondents are not paying the amount, as such, the petitioner/Society is before this Court seeking a writ of mandamus. 3. Learned Additional Government Advocate takes notice on behalf of respondent Nos.1 to 6 and submits that he will get instructions. 4. Having heard the learned counsel appearing for the petitioner, perused the material on record. The contents of Annexures D and E, being the letters issued by respondent Nos.6 and 5 respectively i.e. the proceedings placed before this Court, clearly strengthen the case of the petitioner. The said documents substantiates the fact that a sum of Rs.72,80,910/- is due and payable by the respondents to the petitioner. When the petitioner made a formal representation to the respondents, the - 5 - HC-KAR NC: 2026:KHC-D:2508 WP No. 101262 of 2026 respondents are duty bound to consider the same. When the petitioner has completed the work, if there is any reason for the respondents not granting the amount or finalising the amount of the petitioner, the same would have been communicated by giving a response to the said representation, which would facilitate the petitioner to avail the appropriate remedy. But the respondents cannot keep silent without addressing the same and without paying the amount which is due to the petitioner. Hence, this Court deems it appropriate to pass the following: ORDER (i) Accordingly, the writ petition is disposed of directing respondent No.2 to take appropriate action in accordance with law on the notice dated 28.08.2024 and the representation dated 17.05.2024 within a period of 4 weeks from the date of receipt of the certified copy of this order. (ii) All I.As. in this writ petition shall stand closed. Sd/- JUSTICE LALITHA KANNEGANTI RH CT:CNB List No.: 1 Sl No.: 26