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HC-KAR NC: 2026:KHC:35937 WP No. 12813 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 12813 OF 2026 (GM-RES) BETWEEN:
K B KUMAR S/O SHRI BUDE GOWDA AGED ABOUT 52 YEARS CLASS-1 CONTRACTOR R/AT NO. 155, 4TH MAIN MOKSHA MARGA SIDDARTHANAGAR. …PETITIONER (BY SRI. GIRISH B BALADARE., ADVOCATE) AND:
1.
STATE OF KARNATAKA DEPARTMENT OF MINOR IRRIGATION AND GROUND WATER DEVELOPMENT VIKASA SOUDHA, DR AMBEDKAR VEEDHI ROAD BENGALURU-560001 REP. BY ITS PRINCIPAL SECRETARY.
2.
SUPERINTENDING ENGINEER MINOR IRRIGATION AND GROUND WATER DEVELOPMENT CIRCLE OFFICE AT JODI ROAD KUVEMPUNAGARA, MYSURU – 570023.
3.
EXECUTIVE ENGINEER MINOR IRRIGATION AND GROUND WATER DEVELOPMENT DIVISION OFFICE AT NAZARABAD, MYSURU-570010 …RESPONDENTS (BY SRI.MOHAMMED JAFAR SHA, AGA FOR RESPONDENTS)
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HC-KAR NC: 2026:KHC:35937 WP No. 12813 of 2026
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION, QUASHING THE ENDORSEMENT DATED 18.02.2025 BEARING NO.3£¤($£¤Y)Jº}.~$L£ }¿$LL$L-25:356(a), ISSUED BY THE 3RD RESPONDENT (ANNEXURE-Q), AS BEING ARBITRARY, ILLEGAL, NON- SPEAKING, AND VIOLATIVE OF ARTICLES 14 AND 300A OF THE CONSTITUTION OF INDIA AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
ORAL ORDER
1. The petitioner is before this Court seeking for the following reliefs:
“A. Issue a writ of Certiorari or any other appropriate writ, order or direction, quashing the endorsement dated 18.02.2025 bearing No: PÁ¸ÀªÉÄÊ:¸À.EA2:ªÉÄÊvÁ:FgÀ¥Àà£À: .~$L£ }¿$LL$L-25:356(a), issued by the 3rd No. Respondent (Annexure-Q), as being arbitrary, illegal, non- speaking, and violative of Articles 14 and 300A of the Constitution of India;
B. Issue a writ of Mandamus directing the Respondents to forthwith approve the additional works executed by the Petitioner pursuant to departmental instructions and technical sanction, and consequently release the amount lawfully payable towards such additional works, quantified at Rs. 10,69,78,357.21, as recorded in the E-measurement Book on 20/7/2021 (ANNEXURE-K), (or such revised amount as determined upon verification), within a time frame to be fixed by this Hon'ble Court; C. Direct the Respondents to pay interest on the aforesaid amount at such rate as this Hon'ble Court deems fit and proper, from the date of submission of the final bill as recorded in the E- measurement Book
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HC-KAR NC: 2026:KHC:35937 WP No. 12813 of 2026
on 20/7/2021 (ANNEXURE-K) for additional works till the date of actual payment, in view of the unjustified and arbitrary withholding of legitimate dues;
D. Award costs of these proceedings; and
E. Grant such other order or direction as this Hon'ble Court deems fit in the interest of justice and equity.”
2. The grievance of the petitioner is that the petitioner having carried out the work of Construction Lift Irrigation Scheme near Ananduru Village to fill up water to tanks in Erappanakoppalu, Nagavala, Bommenahalli, Huyilalu, Maratikyathanahalli, Dasanakoppalu and Lingambhudhi Village of Mysore Taluk, Mysore District. The petitioner has carried out the said words and raised his bills, which have not been paid. It is in that background that representation/Bill had been submitted by the petitioner on 20.07.2021 at Annexure-K, which has also not been acted upon by the respondents. 3. Whenever any bills are raised by a contractor under any agreement/contract/work order, it is required for the employer to consider the same and pass necessary orders within a reasonable period of time, either accepting or rejecting the request made. - 4 -
HC-KAR NC: 2026:KHC:35937 WP No. 12813 of 2026
4. In the present case, the representation was made on 20.07.2021, which apparently has not been considered till now.
Needless to say, the order of rejection is passed, it is to be accompanied by the reasons. 5. In that view of the matter, this Court passes the following:
ORDER i) Writ petition is partly allowed. ii) The respondents are directed to consider the representation submitted by the petitioner and pass necessary orders within 30 days 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. The same would have to be adjudicated on the basis of the contractual documents entered into between the parties. Sd/- (SURAJ GOVINDARAJ) JUDGE
KTY/List No.: 1 Sl No.: 59