- 1 - HC-KAR NC: 2026:KHC-D:1576 WP No. 108887 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 4TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO.108887 OF 2025 (GM-RES) BETWEEN: M/S. PRADEEP CONSTRUCTION COMPANY ENGINEER AND CONTRACTORS OFFICE AT #VRINDAVAN APARTMENT OPP BVB COLLEGE, VIDYANAGAR HUBBALLI R/BY ONE OF THE PARTNER: JAGANATH S/O. GANAPATI SHETTY, AGE. 59 YEARS, OCC. PARTNER M/S PRADEEP CONSTRUCTION AND CO ENGINEER AND CONTRACTOR R/O. #32-33, PRAGATI COLONY, VIDYANAGAR, HUBLI, TQ. HUBBALLI, DIST. DHARWAD. …PETITIONER (BY SRI. S.B. DODDAGOUDAR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, FINANCE DEPARTMENT, II FLOOR, VIDHANA SOUDHA BENGALURU-560 001, REPRESENTED BY ITS ADDL. CHIEF SECRETARY. 2. THE MANAGING DIRECTOR, KNNL, 4TH FLOOR, COFFEE BOARD, DR. AMBEDKAR VEDHI, BENGALURU-560001. Digitally signed by YASHAVANT NARAYANKAR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC-D:1576 WP No. 108887 of 2025 3. EXECUTIVE ENGINEER, KNNL KALAS PROJECT DIVISION, KHANAPUR, DIST. BELAGAVI-591302. …RESPONDENTS (BY SRI. T. HANUMAREDDY, ADDL. GOVT. ADVOCATE FOR R1; SRI. CHETAN MUNNOLI, ADVOCATE FOR R2 AND R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA, PRAYING TO A. TO ISSUE A WRIT OF MANDAMUS TO THE RESPONDENT NO.3 TO CONSIDER THE PETITIONER’S REPRESENTATION AT ANNEXURE-A DATED 29.09.2025, WHEREIN THE PETITIONER SOUGHT FOR RELEASE OF PAYMENT OF EARNEST MONEY DEPOSIT (EMD) AND FURTHER SECURITY DEPOSIT (FSD) TOWARDS TENDER WORK NAMELY “CONSTRUCTION OF CC ROADS AND DRAINS KERWAD, HAVAGI, PALA, HUNSWAD, BETVATGI, B.K. HALLI AND MURKWAD OF HALIYAL TALUK AND PRADHANI, GAVEGALLI, RAMNAGAR, JAGALBET VILLAGES IN JOID TALUK OF UTTAR KANNAD DISTRICT UNDER SCP PAKAGES 24.07.2017. B. THE HON’BLE COURT MAY ALSO BE PLEASED TO PASS ANY OTHER WRIT, ORDER, DIRECTION ETC IN THE ABOVE CASE TO SERVE THE ENDS OF JUSTICE. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 3 - HC-KAR NC: 2026:KHC-D:1576 WP No. 108887 of 2025 ORAL ORDER The present writ petition is filed seeking the following prayer: “a. To issue a writ of mandamus to the respondent No.3 to consider the petitioner’s representation at Annexure A dtd 29.09.2025, wherein the petitioner sought for release of payment of Earnest Money Deposit (EMD) and Further Security Deposit (FSD) towards tender work namely “Construction of CC Roads and Drains Kerwad, Havagi, Pala, Hunswad, Betvatgi, B.K. Halli and Murkwad of Haliyal Taluk and Pradhani, Gavegalli, Ramnagar, Jagalbet Villages in Joid Taluk of Uttar Kannad District under SCP Pakages 24.07.2017. b. The Hon’ble Court may also be pleased to pass any other writ, order, direction etc in the above case to serve the ends of justice.” 2. It is the case of the petitioner that on 24.07.2017 the respondents have issued tender notification and the work order has been issued to the petitioner. The petitioner has completed the work and the respondents have issued a satisfactory certificate to the petitioner. It is the case of the petitioner that even after completing the work, the respondents have not released the earnest money deposit (EMD) of an amount of Rs.2,98,500/- and further security deposit (FSD) deducted in running bills to the tune of Rs.14,96,503/- with interest @ 18% per annum. He has made several representations to the - 4 - HC-KAR NC: 2026:KHC-D:1576 WP No. 108887 of 2025 respondents but the respondents have failed to consider the same, which made the petitioner to come before this Court. It is submitted that there shall be a direction to the respondent to consider his representation. 3. Learned counsel appearing for respondent No.2 and 3 submits that he would get instructions in this regard. 4. When the petitioner has given representations to the respondents that they have to return the EMD amount and the other amounts, the respondents are duty bound to consider the same in accordance with law and tell the petitioner whether he is entitled for the same or not so that the petitioner would avail the appropriate remedy available to him and it is not appropriate on the part of the respondents to keep quiet without taking any action on the representation. In these circumstances, this Court is of the view that no instructions are required to be obtained by the counsel appearing for the respondent No.2 and 3. In that view of the matter, this Court is passing the following: - 5 - HC-KAR NC: 2026:KHC-D:1576 WP No. 108887 of 2025 ORDER (i) The respondent No.3 shall consider the representation dated 29.09.2025 given by the petitioner in accordance with law, as expeditiously as possible, but not later than eight weeks. (ii) Accordingly, the writ petition is disposed off. (iii) All I.As., in this writ petition stand closed. Sd/- JUSTICE LALITHA KANNEGANTI YAN CT: UMD List No.: 1 Sl No.: 7