- 1 - HC-KAR NC: 2026:KHC:35095 WP No. 5385 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL WRIT PETITION NO. 5385 OF 2023 (GM-RES) BETWEEN: 1. SRI KABBALAMMA BOREWELL SERVICE REP BY ITS SOLE PROPRIETOR SRI CHANDRAKANTHA HAVING ITS OFFICE AT NO.16, JYOTI NARENDRA COMPLEX, B M ROAD, CHANNAPATNA - 571 501 2. MALUVARAYASWAMY BOREWELLS REP BY ITS SOLE PROPRIETOR SMT BHAGYA HAVING ITS OFFICE AT NO 16, JYOTI NARENDRA COMPLEX, B M ROAD, CHANNAPATNA - 571 501 …PETITIONERS (BY SRI. SHIVAPRASAD SHANTANAGOUDAR, ADVOCATE) AND: 1. THE COMMISSIONER RURAL DRINKING WATER AND SANITATION DEPT 2ND FLOOR, E BLOCK , KHB BUILDING CAUVERY BHAVAN BENGALURU - 560 009 2. DEPUTY COMMISSIONER OFFICE OF THE DEP1UTY COMMISSIONER VIJAYA NAGAR, RAMANAGARA - 562 159 3. CHEIF EXECUTIVE ENGINEER RAMANAGARA JILLA PANCHAYAT Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:35095 WP No. 5385 of 2023 JILLA PANCHAYAT BHAVAN VIJAYA NAGAR, RAMANAGARA - 562 159 4. EXECUTIVE ENGINEER RURAL DRINKING WATER AND SANITATION DEPT RAMANAGARA - 562 159 …RESPONDENTS (BY SRI. MAHANTESH SHETTAR, AGA FOR R1, R2 AND R4 SRI. M.S. DEVARAJU, ADVOCATE FOR R3) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE ENDORSEMENT DATED 27.01.2023 ISSUED BY R-4 AT ANNX-H AND H1. DIRECTING THE RESPONDENTS TO CLEAR THE OUTSTANDING BILLS OF THE PETITIONERS TOWARDS DIGGING OF 125 BORE WELLS IN THE VILLAGES COMING UNDER THE JURISDICTION OF RAMANAGARA DIST. 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 Petitioners, who claim to be carrying on the business of installing borewells for over several decades, are before this Court seeking following reliefs: - 3 - HC-KAR NC: 2026:KHC:35095 WP No. 5385 of 2023 "a) To issue a writ in the nature of certiorari or any other appropriate order, quashing the endorsement dated 27.01.2023 issued by Respondent No.4 at Annexure-H & H1. b) Issue a writ in the nature of mandamus directing the Respondents to clear the outstanding bills of the Petitioners towards digging of 125 borewells in the villages coming under the jurisdiction of Ramanagara District; c) Issue such other appropriate order or direction as this Hon'ble Court deems fit, in the interest of justice and equity." 2. It is the case of the petitioners that during the years 2016-17, 2017-18 and 2018-19, due to the drought and scarcity of drinking water supplies in the region of Ramnagara Taluk/District, upon the request of respondent-authorities and elected representatives of the said area, petitioners had dug about 125 borewells within Ramanagara District. However they were not paid their service charges and the other costs 3. The Chief Engineer, RDWSD had addressed a letter dated 02.02.2019 to the Executive Engineer, - 4 - HC-KAR NC: 2026:KHC:35095 WP No. 5385 of 2023 Ramanagara, seeking information regarding payment for the borewell work undertaken. The Assistant Executive Engineer by letter dated 22.02.2019 addressed to Executive Engineer had stated funds were not released to the petitioners due to scarcity and as such, same was not included in the action plan for the year 2018-19. A request was also made to release Rs.141.80 lakhs to clear the bills of the petitioners. Despite several correspondence by the petitioners and the internal correspondence between the parties, the respondent-Authorities have failed to clear the bills of the petitioners till date. 4. Petitioners had earlier approached this Court by filing W.P.No.21134/2022 (GM-RES). This Court by order dated 08.11.2022 had directed the respondents therein to consider representation of the petitioners and to take appropriate action within 2 months from the date of receipt of the said order. - 5 - HC-KAR NC: 2026:KHC:35095 WP No. 5385 of 2023 5. Respondent No.3 by letter dated 19.01.2023 had directed respondent No.4 to review the case of the petitioners in the light of the direction issued by this Court. Respondent No.4 by impugned endorsement dated 27.01.2023 has arbitrarily rejected the representation of the petitioners stating that they had neither issued any work order to the petitioners nor the petitioners had carried out any work, as such, the question of clearing the bills would not arise. Being aggrieved by the same, petitioners are before this Court. 6. This Court on 03.06.2026 had passed the following order: "Petitioners claims to have installed 125 borewells at various places within Ramanagara District during the year 2017-18 and 2018-19. Non-payment of charges has resulted in filing of the present petition. 2. An endorsement dated 27.01.2023 as per Annexure-H1 is issued by the Executive Engineer- Respondent No.4, not only denying the claim of the petitioner, but also denying the very existence of the said borewells within Ramanagara, Magadi and Kanakapura Sub-Division. He has also denied - 6 - HC-KAR NC: 2026:KHC:35095 WP No. 5385 of 2023 issuing of any work contract or entering into any agreement and petitioner raising bills thereof. 3. Learned AGA is directed to secure the report with regard to existence or otherwise of the borewells at the points/ places mentioned at Annexure-C4 to the writ petition. 4. Concerned Executive Engineer shall file the report along with his affidavit in this regard by the next date of hearing. 5. List this matter on 15.06.2026." In furtherance to the same, learned AGA has filed a memo dated 30.06.2026 along with the report. 7. A perusal of the report would indicate that on inspection, the respondents have not found any borewells having been installed by the petitioners. Since the respondent-authorities have seriously disputed the very existence of the borewells claimed to have been installed by the petitioners, which according to the petitioners runs into 125 in numbers, this Court under Article 226 cannot go into these disputed questions of fact. - 7 - HC-KAR NC: 2026:KHC:35095 WP No. 5385 of 2023 8. Nonetheless, since the petitioners have made a claim of they having installed 125 borewells, this Court deems it appropriate to direct the concerned Deputy Commissioner, Ramanagara District to conduct joint inspection along with the petitioners within 30 days from the date of receipt of certified copy of this order. 9. It is further made clear that such joint inspection shall be conducted by Deputy Commissioner himself with technical assistance, if need be and shall ensure that inspection shall be guided by GPS Coordinates produced at Annexure-C4 to the writ petition and in the presence of the petitioners. 10. It is open for the petitioners to point out the borewells which they claimed to have installed within Ramnagara District and if the claim of the petitioners found to be genuine and acceptable or unacceptable, in either case, the respondent-Deputy Commissioner shall - 8 - HC-KAR NC: 2026:KHC:35095 WP No. 5385 of 2023 ensure that appropriate orders in that regard be passed within 60 days thereafter. Should the petitioners have any grievance thereafter, they are at liberty to seek appropriate remedy as directed. Ordered accordingly and petition stands disposed of. Sd/- (M.G.S. KAMAL) JUDGE BSV List No.: 1 Sl No.: 7