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2026 DAILYLAW 34492 (KAR)

M/S DINAKARA KUVARA ENTERPRISES v. THE STATE OF KARNATAKA

WP/25014/2026 · 2026-08-12

Suraj Govindaraj

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010551522026 NC: 2026:KHC:42643 WP No. 25014 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 25014 OF 2026 (GM-RES) BETWEEN: M/S DINAKARA KUVARA ENTERPRISES REGISTERED UNDER MSME ACT, 2006 HAVING ITS REGISTERED OFFICE AT: NO.29, 1ST FLOOR, 4TH MAIN, 9TH A CROSS, AGRAHARA DASARAHALLI, BENGALURU URBAN-560079, KARNATAKA, REPRESENTED BY ITS PROPRIETOR JAGADISH B K. …PETITIONER (BY SRI. VIKAS CHOUDHARY, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REVENUE/ELECTION DEPARTMENT, REPRESENTED BY ITS ADDITIONAL CHIEF SECRETARY, VIDHAN SOUDHA, AMBEDKAR VEEDHI, BENGALURU-560001. 2. THE ADDITIONAL DISTRICT ELECTION OFFICER AND SPECIAL COMMISSIONER BENGALURU CENTRAL ASSEMBLY CONSTITUENCY, UTILITY BUILDING 8TH AND 10TH FLOOR, BENGALURU DISTRICT BENGALURU-560001. 3. THE ASSISTANT COMMISSIONER (ELECTION) BENGALURU CENTRAL ASSEMBLY CONSTITUENCY, UTILITY BUILDING, 8TH AND 10TH FLOOR, Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010551522026 NC: 2026:KHC:42643 WP No. 25014 of 2026 BENGALURU DISTRICT BENGALURU-560001. 4. THE CHIEF ELECTORAL OFFICER KARNATAKA NIRVACHANA NILAYA, SHESADRI ROAD, AMBEDKAR VEEDHI, BENGALURU-560001. 5. THE CHIEF ELECTION COMMISSIONER, ELECTION COMMISSION OF INDIA, NIRVACHAN SADAN, ASHOKA ROAD, NEW DELHI-110 001. …RESPONDENTS (BY SRI. MOHAMMED JAFAR SHAH, AGA FOR R1 TO R3; SMT. VYSHALI HEGDE, ADVOCATE FOR R4; SRI. S.R. DODWAD, ADVOCATE FOR R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENT AUTHORITIES TO CONSIDER THE REQUISITION DATED 28.07.2026 AT ANNEXURE-Q TO Q1 AND FURTHER, DIRECT THE RESPONDENTS TO RELEASE THE BALANCE CONTRACTUAL AMOUNT OF RS.1,05,62,407/- (RUPEES. ONE CRORE FIVE LAKHS SIXTY-TWO THOUSAND FOUR HUNDRED AND SEVEN ONLY) PAYABLE TO THEPETITIONER UNDER WORK THE ORDER BEARING NO.ELN/CENTRAL/PR/56/2023-24 DATED 01.05.2023, TOGETHER WITH INTEREST AT THE RATE OF 18% PER ANNUM FROM THE DATE ON WHICH THE SAID AMOUNT BECAME DUE TILL THE DATE OF ITS ACTUAL PAYMENT. 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 CNR: KAHC010551522026 NC: 2026:KHC:42643 WP No. 25014 of 2026 ORAL ORDER 1. Petitioner is before this Court seeking for the following reliefs: "a) ISSUE A WRIT OF MANDAMUS directing the Respondent authorities to consider the requisition dated 28.07.2026 at Annexure-Q to Q1 and further, direct the Respondents to release the balance contractual amount of Rs.1,05,62,407/- (Rupees. One Crore Five Lakhs Sixty-Two Thousand Four Hundred and Seven Only) payable to the Petitioner under the Work Order bearing No. ELN/Central/PR/56/2023-24 dated 01.05.2023, together with interest at the rate of 18% per annum from the date on which the said amount became due till the date of its actual payment; b) Grant such other and further reliefs as this Hon'ble Court may deem fit, just, and proper in the interest of justice and equity." 2. The petitioner claims that a work order has been issued to the petitioner pursuant to the tender issued on 16.04.2023. The petitioner states that he has completed the work and raised his invoices despite which, payments have not been made. Petitioner has submitted his representation on 28.07.2026 at Annexure-Q series, despite which, no action has been taken. It is in that background, the petitioner is before this Court seeking for the above reliefs. - 4 - HC-KAR CNR: KAHC010551522026 NC: 2026:KHC:42643 WP No. 25014 of 2026 3. Whenever any work is completed in pursuance of an agreement and/or work order, it is incumbent upon the State, as the employer, to make payment of the due amounts thereon in terms of contractual agreements. The petitioner claiming that he has completed the work and has been waiting for last two years for the said payment. It was incumbent upon the respondents to either accept the representation made by the petitioner or reject it by assigning reasons. Since neither of them having been done, this Court passes the following: O R D E R (i) Writ petition is allowed. (ii) A mandamus is issued directing the respondents to consider the representation of the petitioner dated 28.07.2026 at Annexure-Q series within a period of four 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. - 5 - HC-KAR CNR: KAHC010551522026 NC: 2026:KHC:42643 WP No. 25014 of 2026 The same shall be considered on the basis of the contractual agreements entered into between the parties and in accordance with law. Sd/- (SURAJ GOVINDARAJ) JUDGE VBS List No.: 1 Sl No.: 13