P.K.SHIVARAM SINCE DECEASED BY HIS L.RS. SMT.M.S.VIJAYA v. STATE OF KARNATAKA
WP/8479/2026 · 2026-06-11
Suraj Govindaraj
body2026
DailyLaw.ai
[ 2026 DAILYLAW 21716 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 21716 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
- 1 -
HC-KAR NC: 2026:KHC:28511 WP No. 8479 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 8479 OF 2026 (GM-RES) BETWEEN:
1. P.K.SHIVARAM SINCE DECEASED BY HIS L.Rs
SMT. M.S.VIJAYA W/O LATE P.K.SHIVARAM, AGED ABOUT 58 YEARS.
2. SRI.GAGANDEEP.P.S S/O.LATE P.K.SHIVARAM AGED ABOUT 36 YEARS
3.
SRI P.S.PAVANDEEP S/O LATE P.K.SHIVARAM AGED ABOUT 35 YEARS
ALL ARE RESIDENTS OF NO.9, E AND F BLOCK, UDAYARAVI ROAD, NEAR SHANTISAGAR HOTEL, RAMAKRISHNA NAGAR, MYSURU-570 022.
… PETITIONERS (BY SRI. L.M. CHIDANANDAYYA., ADVOCATE) AND:
1.
STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF MINOR IRRIGATION AND GROUND WATER DEVELOPMENT DEPARTMENT, VIKASA SOUDHA, BENGALURU-560 001
2.
THE CHIEF ENGINEER,
Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA
- 2 -
HC-KAR NC: 2026:KHC:28511 WP No. 8479 of 2026
MINOR IRRIGATION, BENGALURU SOUTH, BENGALURU-560 001
3.
THE SUPERINTENDING ENGINEER, MINOR IRRIGATION CIRCLE, BENGALURU-560 001.
4.
THE EXECUTIVE ENGINEER, MINOR IRRIGATION AND GROUND WATER DEPARTMENT DIVISION, CHITRADURGA-577 501.
5.
THE ASSISTANT EXECUTIVE ENGINEER, MINOR IRRIGATION DIVISION, HIRIYUR TALUK, CHITRADURGA DISTRICT-577 501 … RESPONDENTS (BY SRI. MOHAMMAD JAFFAR SHAH, AGA)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO (A) CALL FOR THE RECORDS WHICH RESULTED IN NOT IMPLEMENTING GOVERNMENT ORDER DATED 26.11.2021 IN NO.MID/291/MISU/2021 VIDE ANNEXURE-K AND SUPPLEMENTARY AGREEMENT DATED 08.08.2023 VIDE ANNEXURE-L IN NO. 101/23/24 (B) ISSUE AN ORDER, DIRECTION OR WRIT IN NATURE OF MANDAMUS DIRECTING THE RESPONDENTS TO PAY A SUM OF RS.48,68,303/- TOGETHER WITH INTEREST AT RATE OF 18% PLUS APPLICABLE GST IN TERMS OF GOVERNMENT
ORDER 26.11.2021 IN NO.MID/291/MISU/2021 VIDE ANNEXURE-K AND SUPPLEMENTARY AGREEMENT 08.08.2023 VIDE ANNEXURE-L IN NO. 101/23-24 AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
- 3 -
HC-KAR NC: 2026:KHC:28511 WP No. 8479 of 2026
ORAL ORDER
1. The petitioners are before this Court seeking for the following reliefs: (a) CALL for the records which resulted in not implementing Government
Order dated 26.11.2021 in No.MID/291/MISU/2021 vide Annexure-K and Supplementary Agreement dated 08.08.2023 vide Annexure-L in No. 101/23/24; (b) ISSUE an order, direction or writ in nature of MANDAMUS directing the Respondents to pay a sum of Rs.48,68,303/- together with interest at rate of 18% plus applicable GST in terms of Government order 26.11.2021 in No.MID/291/MISU/2021 vide Annexure-K and Supplementary Agreement 08.08.2023 vide Annexure-L in No. 101/2023-24; (c) ISSUE any other appropriate writ, order or directions as this Hon'ble Court deems fit under the facts and circumstances of case, in the interest of justice.
2. The Petitioner claims to be a successful tenderer in pursuance of the tender notification dated
06.03.2006. Letter of acceptance having been issued, an agreement was entered into on 17.06.2006, the Petitioner claims to have completed the work in terms of the said agreement and raised his bills. Despite which the payments not having been made, the Petitioner had submitted a
- 4 -
HC-KAR NC: 2026:KHC:28511 WP No. 8479 of 2026
representation by way of legal notice on 28.08.2014 at Annexure-H, in pursuance of which it is claimed that there is a government order which has been passed on 26.11.2021.
3. His submission is that despite the representation submitted and government orders, payments have not been made only a supplementary agreement has been entered into on 08.08.2023. It is in that background that learned counsel for the Petitioners submits that the Petitioners are before this Court.
4. Whenever any work is claimed to have been completed by contractor and bills are raised, it is but required for the said bills to be considered and processed by the appropriate Authority in terms of the applicable document, namely the tender document, agreement, work order etc.
5. In the present case, the payment not having been made, the Petitioner had issued representation by legal notice, which is also not been considered.
- 5 -
HC-KAR NC: 2026:KHC:28511 WP No. 8479 of 2026
6. In that background, this Court passes the following:
ORDER i) Writ petition is allowed. ii) The respondents are directed to consider the legal representation of the Petitioner vide legal notice dated
28.08.2014. The subsequent Government order dated 26.11.2021 and the supplement agreement dated 08.08.2023 and pass necessary orders in terms of the applicable documents and applicable law within period of eight (8) weeks from the date of receipt of a copy of this order. iii) It is made clear that this Court has not expressed any opinion on the entitlement of the petitioner.
Sd/- (SURAJ GOVINDARAJ) JUDGE
KTY/List No.: 1 Sl No.: 43