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2026 DAILYLAW 33270 (KAR)

M/S MASANI INFRACON PRIVATE LIMITED v. THE COMMISSIONER

WP/10092/2026 · 2026-07-27

Suraj Govindaraj

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010225802026 NC: 2026:KHC:39125 WP No. 10092 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 10092 OF 2026 (GM-RES) BETWEEN: 1. M/S MASANI INFRACON PRIVATE LIMITED NO. 6, 12TH BLOCK, MANASINAGAR, SHAKTHINAGAR POST, MYSURU - 570 011. REPRESENTED BY HARIRAMAN K, S/O KRISHNAN K, AGED ABOUT 40 YEARS … PETITIONER (BY SRI. SHREEHARI., ADVOCATE) AND: 1. THE COMMISSIONER MYSURU URBAN DEVELOPMENT AUTHORITY JLB ROAD, CHAMARAJAPURAM MOHALLA, LAKSHMIPURAM, MYSURU - 570 005 2. SUPERINTENDING ENGINEER, MYSURU URBAN DEVELOPMENT AUTHORITY JLB ROAD, CHAMARAJAPURAM MOHALLA, LAKSHMIPURAM, MYSURU - 570 005 3. ZONAL OFFICER 5B, MYSURU URBAN DEVELOPMENT AUTHORITY JLB ROAD, CHAMARAJAPURAM MOHALLA, LAKSHMIPURAM, MYSURU - 570 005 4. CHIEF ACCOUNTING OFFICER, MYSURU URBAN DEVELOPMENT AUTHORITY Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010225802026 NC: 2026:KHC:39125 WP No. 10092 of 2026 JLB ROAD, CHAMARAJAPURAM MOHALLA, LAKSHMIPURAM, MYSURU - 570 005 5. STATE OF KARNATAKA, REPRESENTED BY CHIEF SECRETARY, VIDHANA SOUDHA, DR AMBEDKAR RD, SAMPANGI RAMA NAGARA, BENGALURU - 560 001 … RESPONDENTS (BY SRI. T.P VIVEKANANDA., ADVOCATE FOR R1 TO R4; SMT. SARITHA KULKARNI, AGA FOR R5) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECTION DIRECTING THE RESPONDENT NO.4 TO FORTHWITH RELEASE THE PENDING PAYMENT OF RS.32,58,177.65/- (RUPEES THIRTY-TWO LAKHS FIFTY- EIGHT THOUSAND ONE HUNDRED AND SEVENTY-SEVEN AND SIXTY- FIVE PAISE ONLY) DUE TO THE PETITIONER TOWARDS THE SECOND AND FINAL BILL IN RESPECT OF THE DEVANURU LAKE WORK ENCLOSED AS ANNEXURE J1 AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, 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: i. Issue a Writ of Mandamus or any other appropriate writ, order or direction directing the Respondent No.4 to forthwith release the pending payment of Rs.32,58,177.65/- (Rupees Thirty-Two Lakhs Fifty- Eight Thousand One Hundred and Seventy-Seven and Sixty-Five Paise only) due to the Petitioner towards the Second and Final Bill in respect of the Devanuru Lake work enclosed as Annexure J1; ii. Direct the Respondents to pay interest on the due amount from the date of submission of the Final Bill - 3 - HC-KAR CNR: KAHC010225802026 NC: 2026:KHC:39125 WP No. 10092 of 2026 i.e., 31.08.2024 till the date of realization, at such rate that this Hon'ble Court deems fit in the circumstances of the case; iii. Direct the Respondents to pay the costs of this litigation; and iv. Grant such other order(s) or relief as this Hon'ble Court deems fit in the interest of justice and equity. 2. The petitioner was awarded contract work in respect of Devanuru Lake Work by respondent authority on 07.07.2022. The petitioner claims to have completed the said work, handed over the same to the respondent and raised invoices. Despite which, it is contented that the respondents have not made payment of the due amounts and it is in that background that the petitioner is before this Court seeking for the aforesaid reliefs. 3. Whenever any bills are raised by a contractor in pursuance of a contract or a work order, it is required for the respondent to consider the invoices running bills which have been raised and make payments of the amounts due thereon, if so due in terms of the contract. 4. If the invoices or running bills are not in terms of the contract, the same is required to be rejected by the respondent by giving suitable reasons. Neither having been done, the bills have been pending for an - 4 - HC-KAR CNR: KAHC010225802026 NC: 2026:KHC:39125 WP No. 10092 of 2026 unreasonably long period of time from the year 2024. 5. In that view over the matter, this Court passes the following; ORDER i. The writ petition is allowed. ii. A mandamus is issued, directing the respondents to consider the invoices/running bills raised by the petitioner at Annexure-J1 series and passed necessary orders thereon within a period of 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 in the entitlement to petitioner. iv. The same would have to be considered by respondents and orders passed in terms of the contractual documents. v. Needless to say, if an order of rejection is passed, the same would have to be accompanied by reasons. Sd/- (SURAJ GOVINDARAJ) JUDGE SR/List No.: 1 Sl No.: 58