Extracted from the PDF above. The PDF is authoritative.
- 1 -
HC-KAR NC: 2026:KHC:28518 WP No. 25451 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL WRIT PETITION NO. 25451 OF 2022 (GM-TEN) BETWEEN:
M/S VINAYAKA ELECTRICALS NO. 915, RIPEN PET BARUVE VILLAGE SHIMOGA DISTRICT - 577 426 BY ITS PROPRIETOR, AS PER ANNEXURE-'S' SRI. MANJESHKUMAR R.S.
S/O R.C. SHIVANANDA AGED 42 YEARS …PETITIONER (BY SRI. JAGADEESHACHARI.,ADVOCATE) AND:
1.
THE MANAGING DIRECTOR KARNATAKA POWER CORPORATION LTD SHAKTHI BHAVAN RACE COURSE ROAD, BANGALORE - 560 001
2.
THE CHIEF ENGINEER (ELECL) K.P.T.C.L. VARAHI HOSANGADI, KUNDAPUR TALUK UDUPI DISTRICT - 576 282
3.
THE EXECUTIVE ENGINEER (O AND M) MARI, KPCL MASTHIKATTE - 577 425 HOSANAGARA TALUK SHIMOGA DISTRICT …RESPONDENTS
Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA
- 2 -
HC-KAR NC: 2026:KHC:28518 WP No. 25451 of 2022
(BY SRI. PRADYUMNA L. NARASIMHA, ADVOCATE)
THIS WP IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS AS PER ORDER DATED 10.12.2022 AS PER ANNEXURE-R IN NO.EE(O AND M) MANI/F-06/390 PASSED BY THE R3 AND TO QUASH THE SAME BY WAY OF WRIT OF CERTIORARI.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL
ORAL ORDER
1. Petitioner is before this Court being aggrieved by the
order at Annexure-R, by which, the respondent-Karnataka Power Corporation Ltd., has cancelled the contract agreement dated 07.12.2021, which was issued in favour of the petitioner herein for carrying out the renovation of HT and LT lines at Masthikatte Colony, valuing for Rs.11,30,876/-.
2. Perusal of the record indicates that the aforesaid contract awarded to the petitioner was not carried out within the stipulated time resulting in the respondent issuing notices/letter correspondences reminding the petitioner of non-
- 3 -
HC-KAR NC: 2026:KHC:28518 WP No. 25451 of 2022
compliance of the stipulation provided for completing the work by the petitioner.
3. Petitioner has by his replies dated 09.04.2022, 02.05.2022, 25.05.2022, 06.06.2022, 17.06.2022, 12.09.2022, produced at Annexures-G, H, J, L, N, P and Q has sought for extension of time for completion of the work on the premise of his father being admitted to KMC Hospital and he is also not being well, resulting in delay in carrying out the work. The petitioner has, however, raised certain issues with regard to delay also being caused due to heavy rain and he not being able to shift 9 meters RCC poles. However, the same has not, according to the petitioner, considered by the respondent while passing the impugned order/communication cancelling the agreement. Hence, the petition.
3.
Learned counsel for the respondent submits that petitioner has not bothered to carry out work, which was to be done within time bound manner. Despite giving sufficient opportunities, petitioner has not complied with the terms of the contract. That it is only after considering his request and providing opportunity, yet there being no compliance, the
- 4 -
HC-KAR NC: 2026:KHC:28518 WP No. 25451 of 2022
respondent issued the impugned communication cancelling the contract and forfeiting the security deposit. Hence, seeks for dismissal of the petition.
4. Heard. Perused the records.
5. The petition puts in issue the complex facts regarding performance and non-performance of terms of contract resulting in termination of the same and forfeiture of security deposit, which cannot be gone into under Article 226 of Constitution of India. Reserving liberty to the petitioner to avail such remedy as may be available under law, petition is
disposed of.
Cost imposed on 05.06.2026 shall be deposited before the High Court Legal Services Committee.
Sd/- (M.G.S. KAMAL) JUDGE
PSJ List No.: 1 Sl No.: 12