- 1 - HC-KAR NC: 2026:KHC:19654 WP No. 8796 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 8796 OF 2026 (GM-RES) BETWEEN: SHRI. RUDRAKSH CONTECH HAVING OFFICE AT HOUSE NO. 66, 2ND FLOOR, OPPOSITE TO THE SUB REGISTRAR OFFICE, CHIKKAJALA VILLAGE, BENGALURU KARNATAKA, 562157 REPRESENTED BY ITS PROPRIETOR NAVEEN KUMAR B B AGED ABOUT 39 YEARS, S/O BASAVARAJ BP R/AT NO.66, 2ND FLOOR, OPPOSITE TO THE SUB REGISTRAR OFFICE, CHIKKAJALA VILLAGE, BENGALURU KARNATAKA, 562157 …PETITIONER (BY SRI. GAUTAM SHREEDHAR BHARADWAJ., ADVOCATE) AND: 1. STATE OF KARNATAKA MINOR IRRIGATION AND GROUND WATER DEVELOPMENT DEPARTMENT REPRESENTED BY ITS SECRETARY 305, 306, 3RD FLOOR, VIKASA SOUDHA BANGALORE- 560001 Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:19654 WP No. 8796 of 2026 2. CHIEF ENGINEER MINOR IRRIGATION AND GROUND WATER DEVELOPMENT DEPARTMENT (SOUTH DIVISION) BENGALURU ADDRESS OFFICE OF THE CHIEF ENGINEER, MINOR IRRIGATION (SOUTH) KPWD, KR CIRCLE, NRUPATHUNGA ROAD BENGALURU 56000 3. SUPERINTENDENT ENGINEER MINOR IRRIGATION AND GROUND WATER DEVELOPMENT DEPARTMENT (SOUTH DIVISION) - BENGALURU ADDRESS MINOR IRRIGATION DEPARTMENT OFFICE, 5TH FLOOR, SHOPPING COMPLEX, JAYANAGAR 4TH BLOCK, BENGALURU-560011 4. EXECUTIVE ENGINEER MINOR IRRIGATION AND GROUND WATER DEVELOPMENT DEPARTMENT DIVISION-CHITRADURGA ADDRESS NEAR AISHWARYA FORT, CHITRADURGA, KARNATAKA 577501 5. ASSISTANT EXECUTIVE ENGINEER MINOR IRRIGATION AND GROUND WATER DEVELOPMENT DEPARTMENT SUBDIVISION HOLALKERE ADDRESS HOLALKERE, CHITRADURGA DISTRICT, KARNATAKA -577526. …RESPONDENTS (BY SRI. ADITYA DIWAKAR, AGA FOR R1 TO R5) - 3 - HC-KAR NC: 2026:KHC:19654 WP No. 8796 of 2026 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE RESPONDENT TO ACCORD APPROVAL FOR THE ADDITIONAL ITEM OF WORK AS APPROVED IN THE INSPECTION REPORT OF THE CHIEF ENGINEER DATED 27.04.2023 IN RELATION TO WORK ORDER NO. 183/2022-23. ANNEXURE -A. B) DIRECT THE RESPONDENT AUTHORITIES NOT TO TAKE ANY COERCIVE OR ADVERSE ACTION AGAINST THE PETITIONER PURSUANT TO THE IMPUGNED NOTICES DATED 04.02.2025, 10.06.2025, 29.8.2025 ANNEXURE E, F, H. C) IN THE ALTERNATIVE AND WITHOUT PREJUDICE TO PRAYER (A) DIRECTING THE RESPONDENT AUTHORITIES TO CONSIDER THE REPRESENTATION DATED 02.02.2026 IN A TIME-BOUND MANNER ANNEXURE - K. D) GRANT SUCH OTHER RELIEF TO MEET THE ENDS OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER The captioned petition is filed seeking the following reliefs: "A. To issue a writ of mandamus directing the Respondent to accord approval for the Additional item of work as approved in the Inspection Report of the Chief Engineer dated 27.04.2023 in relation to Work Order No.183/2022-23 Annexure-A. - 4 - HC-KAR NC: 2026:KHC:19654 WP No. 8796 of 2026 B. Direct the Respondent Authorities not to take any coercive or adverse action against the Petitioner pursuant to the Impugned notices dated 04.02.2025, 20.05.2025, 10.06.2025; Annexures-E, F, H. C. In the alternative and without prejudice to prayer (A) directing the Respondent Authorities to consider the representation dated 02.02.2026 in a time-bound manner; Annexure-K. D. Grant such other relief to meet the ends of justice and equity." 2. The petitioner, a sole proprietor engaged in execution of Government contract works across various parts of the State, asserts that the Minor Irrigation Unit, Chitradurga, invited tenders through the e-procurement portal for execution of certain civil works. The petitioner, along with one N.C. Shaju, participated in the tender process by submitting their respective bid proposals. Upon evaluation of the bids, the petitioner was declared as the successful bidder and, pursuant thereto, a formal work order came to be issued in his favour. - 5 - HC-KAR NC: 2026:KHC:19654 WP No. 8796 of 2026 3. It is the specific case of the petitioner that, in furtherance of the said work order, he has commenced the execution of the work, namely, construction of a kalyani. It is further contended that, during the course of execution, an inspection was conducted by the Chief Engineer, wherein it was observed that the adjoining soil conditions were unstable and required additional structural support. In that regard, the Assistant Executive Engineer opined that, owing to the loose nature of the soil, failure to provide a retention wall would result in the collapse of the structure. Taking note of the same, the Chief Engineer, by inspection report dated 27.04.2023 (Annexure-A), recommended that necessary sanction be accorded for incorporation of an additional item of work, namely, construction of a retention wall, and that a modified work order be issued upon approval. 4. The principal grievance of the petitioner is that, despite the categorical recommendation made by the Chief Engineer in the inspection report and the technical - 6 - HC-KAR NC: 2026:KHC:19654 WP No. 8796 of 2026 necessity for execution of the additional item of work, the respondents have failed to take any steps to accord approval or to issue a modified work order. The petitioner would contend that such inaction on the part of the respondents has resulted in undue delay in execution of the project and has caused serious prejudice, thereby compelling the petitioner to invoke the writ jurisdiction of this Court. 5. Per contra, the learned Additional Government Advocate, on instructions, submits that the inspection report of the Chief Engineer does indicate the necessity for construction of a retention wall as an additional item of work. It is further submitted that the competent authorities would examine the said report and take appropriate steps to accord necessary approval for execution of the additional work in accordance with law. 6. In light of the aforesaid submissions and upon consideration of the material on record, this Court is of the - 7 - HC-KAR NC: 2026:KHC:19654 WP No. 8796 of 2026 view that the grievance ventilated by the petitioner merits consideration and appropriate directions. 7. Accordingly, this Court proceeds to pass the following: ORDER (i) The writ petition is disposed of; (ii) The respondents are directed to consider the inspection report dated 27.04.2023 (Annexure-A) submitted by the Chief Engineer and to take a decision with regard to according approval for the additional item of work, namely, construction of a retention wall, in accordance with law; (iii) Upon such consideration, if the additional work is found to be technically necessary, the respondents shall forthwith accord sanction and issue a modified work order enabling the petitioner to execute the said work; (iv) The aforesaid exercise shall be completed within a period of four (4) weeks from - 8 - HC-KAR NC: 2026:KHC:19654 WP No. 8796 of 2026 the date of receipt of a certified copy of this order. SD/- (SACHIN SHANKAR MAGADUM) JUDGE CA List No.: 1 Sl No.: 75