- 1 - HC-KAR CNR: KAHC010586812026 NC: 2026:KHC:46588 WP No. 26783 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 26783 OF 2026 (GM-RES) BETWEEN: M/S. BENKA DEVELOPERS AND PROJECTS PVT. LTD., A COMPANY INCORPORATED UNDER THE PROVISIONS OF THE COMPANIES ACT, 2013, HAVING ITS REGISTERED OFFICE AT NO. 34, 2ND FLOOR, 2ND CROSS, SAMPIGE ROAD, MALLESWARAM, BENGALURU - 560 003, REP. BY ITS MANAGING DIRECTOR SRI. NARAHARI D, S/O. DASAPPA AGED ABOUT 65 YEARS. …PETITIONER (BY SRI. VIJETHA R. NAIK, ADVOCATE) AND: 1. THE STATE OF KARNATAKA THROUGH PRINCIPAL SECRETARY TO GOVERNMENT SOCIAL WELFARE DEPARTMENT, 2ND FLOOR, VIKASA SOUDHA, DR. B.R. AMBEDKAR VEEDHI, BENGALURU - 560 001. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010586812026 NC: 2026:KHC:46588 WP No. 26783 of 2026 2. THE KARNATAKA RESIDENTIAL EDUCATIONAL INSTITUTIONS SOCIETY, (KREIS), NO.18, CUNNINGHAM ROAD, BENGALURU - 560 052, REPRESENTED BY ITS EXECUTIVE DIRECTOR. 3. THE EXECUTIVE DIRECTOR, KARNATAKA RESIDENTIAL EDUCATIONAL INSTITUTIONS SOCIETY, NO.18, CUNNINGHAM ROAD, BENGALURU - 560 052. …RESPONDENTS (BY SRI. MOHAMMED JAFAR SHAH, AGA FOR R1) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CNSTITUTION OF INDIA PRAYING TO A) DIRECTING THE RESPONDENTS TO FORTHWITH RELEASE THE PETITIONER'S 9TH RUNNING ACCOUNT BILLS AND FINAL BILLS IN RESPECT OF THE WORKS ENTRUSTED TO THE PETITIONER BEING A TOTAL SUM OF RS.44,22,260/- TOGETHER WITH INTEREST AT 18 PERCENT PER ANNUM FROM THE DATE OF COMPLETION AND HANDING OVER POSSESSION OF THE PROJECTS TO THE RESPONDENT AUTHORITY TILL REALIZATION AS SOUGHT IN ANNEXURE-N DATED 13.03.2024 AND ETC., 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: KAHC010586812026 NC: 2026:KHC:46588 WP No. 26783 of 2026 ORAL ORDER 1. Learned Additional Government Advocate accepts notice respondent nos.1. 2. Sri. Vijetha R. Naik, learned counsel is directed to accepts notice for respondent Nos.2 and 3. 3. Petitioner is before this Court seeking for the following reliefs: a. Issue a writ, order or direction or any other writ in the nature of mandamus, directing the respondents to forthwith release the petitioner's 9th Running Account Bills and Final Bills in respect of the works entrusted to the petitioner being a total sum of Rs.44,22,260/- together with interest at 18% per annum from the date of completion and handing over possession of the projects to the Respondent Authority till realization as sought in Annexure-N dated 13.03.2024. b. Issue a writ, order or direction or any other writ in the nature of mandamus, directing the respondents to release the Security Deposit of Performance Bank Guarantee No.15410100011690 dated 29.06.2026 and 02.07.2026 for respectively Rs.1,88,48,800/- produced at Annexure-Q and R, respectively in favour of the petitioner. c. Grant such other relief/s as this Hon'ble Court deems fit considering the facts and circumstances of the case, in the interest of justice and equity. 4. he grievance of the petitioner is that the work having been allotted to the petitioner and a work order having been issued in pursuance of the tender invited by respondent nos.2 and 3, the petitioner has - 4 - HC-KAR CNR: KAHC010586812026 NC: 2026:KHC:46588 WP No. 26783 of 2026 allegedly completed the work and raised his invoices, which have not been paid. In pursuance of which, the petitioner had submitted a representation on 13.03.2024 at Annexure-N, which has not been acted upon, and the performance bank guarantees have also not been released. 5. The representation having been submitted by the petitioner for payment of dues or alleged dues on a bill raised, it was required for respondent nos.2 and 3 to consider the said representation and either pay the money or indicate that no money is due and liable to be paid. It is required for the said authority to consider the same and pass necessary orders within a reasonable period of time either accepting or rejecting the said representation. Neither having been done, this Court passes the following: ORDER i. Writ petition is allowed. ii. A mandamus is issued directing respondent nos.2 and 3 to consider the representation of the petitioner dated 13.03.2024, 29.06.2026 and 02.07.2026 at Annexure-N, Q and R respectively, and pass necessary order within a - 5 - HC-KAR CNR: KAHC010586812026 NC: 2026:KHC:46588 WP No. 26783 of 2026 period of thirty (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 petitioner. The same would have to be considered on the basis of the contractual documents and the bills submitted and certified by the concerned parties. Sd/- (SURAJ GOVINDARAJ) JUDGE GJM List No.: 1 Sl No.: 15