- 1 - HC-KAR NC: 2026:KHC:13816 WP No. 3015 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE D K SINGH WRIT PETITION NO. 3015 OF 2022 (GM-RES) BETWEEN: 1. M/S ABHIMAANI PUBLICATIONS LTD NO.2/4, DR RAJKUMAR ROAD RAJAJINAGAR, BENGALURU-560010 REPRESENTED BY ITS MANAGING DIRECTOR SRI T VENKATESH …PETITIONER (BY SRI. C VIJAYA KUMAR.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY THE SECRETARY TO EDUCATION DEPARTMENT, M S BUILDING BANGALORE-560001 2. MANAGING DIRECTOR KARNATAKA TEXT BOOK SOCIETY NO.4, DSERT BUILDING, 100 FEET ROAD, HOSAKEREHALLI BANASHANKARI 3RD STAGE BANGALORE-560085 3. COMMISSIONER DEPARTMENT OF PUBLIC INSTRUCTION NEW PUBLIC OFFICE, K R CIRCLE BANGALORE-560001 …RESPONDENTS (BY SRI. MOHAMMAD JAFFAR SHAH, AGA FOR R1 TO R3) Digitally signed by VASANTHA KUMARY B K Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:13816 WP No. 3015 of 2022 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASHING THE ORDER DATED 03.09.2021 ISSUED BY THE R2 SOCIETY PRODUCED AT ANNEXURE-V AND DIRECT THE RESPONDENTS TO RELEASE THE WITHHELD AMOUNT TOWARDS PENALTY AND LIQUIDATED DAMAGES. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH ORAL ORDER The present writ petition is filed seeking following relief: " Issue a writ of certiorari or any other writ quashing the order dated 03.09.2021 in No.A7/KAPA.PUSAM/Dave/58496/2016 issued by the respondent No.2 society produced at Annexure-V and direct the respondents to release the withheld amount towards penalty and liquidated damages to meet the ends of justice." 2. It is well settled law that the remedy under Article 226 of the constitution of India is not available for seeking relief which is in the nature of damages in contractual matters. If there is an arbitration clause, the petitioner must take recourse to the said remedy, if the arbitration is not provided, the - 3 - HC-KAR NC: 2026:KHC:13816 WP No. 3015 of 2022 petitioner should approach the concerned department or take recourse to the remedy under the civil law. 3. As the writ petition for money claim is not maintainable, the writ petition is dismissed reserving liberty to the petitioner to take recourse to the appropriate remedy as may be available to him under law. Sd/- (D K SINGH) JUDGE RKA List No.: 1 Sl No.: 8