A construction firm sought a writ directing respondents to enquire into allegedly forged payment of amounts due for work done. The court held that the grievance concerned an offence under the Indian Penal Code, for which remedies lie by complaint to police or a competent Magistrate, and such a prayer cannot be entertained under Article 226.
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NC: 2024:KHC:38036 WP No. 462 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MR. JUSTICE K. V. ARAVIND
WRIT PETITION No. 462 OF 2021 (GM-RES)
BETWEEN:
M/S P. N. R. CONSTRUCTIONS, A PROPRIETORY CONSTRUCTION COMPANY, REPRESENTED BY ITS PROPRIETOR, SRI K. N. PRABHAKAR, No.250, 2ND STAGE, 3RD BLOCK, NAGARBHAVI, BENGALURU-560 072.
…PETITIONER
(BY SRI V. B. SHIVA KUMAR, ADVOCATE)
AND:
Digitally signed by VALLI MARIMUTHU Location: High Court of Karnataka
NC: 2024:KHC:38036 WP No. 462 of 2021
VIDHANA SOUDHA, BENGALURU-560 001.
…RESPONDENTS
(BY SRI M.N. SUDEV HEGDE, AGA FOR R1 TO R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO CONDUCT ENQUIRY AND THEREAFTER INITIATE SUCH OR SUCH OF THE PROCEEDINGS AGAINST THE PERSON WHO AS FORGED, FABRICATED THE PAYMENT OF AMOUNT LEGITIMATELY BELONGING TO THE PETITIONER IN PURSUANCE OF THE DEMAND MADE IN HIS NOTICE AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE K. V. ARAVIND
ORAL ORDER
The present petition with the following prayers;
"a) A writ in the nature of mandamus or any other appropriate writ, directing the Respondents to conduct enquiry and thereafter initiate such or such of the proceedings against the person who as forged, fabricated the payment of amount legitimately belonging to the Petitioner, in pursuance of the demand made in his notice;
Consequently, in the event, an enquiry is not conducted by the Respondents, order directing Respondents to pay entire amount with interest to the Petitioner in terms of the contractual obligation for having completed the work of construction;
b) Costs of the petition."
NC: 2024:KHC:38036 WP No. 462 of 2021
form cannot be entertained under Article 226 of the Constitution of India.
Sd/(K. V. ARAVIND) JUDGE
MV
List No.: 1 Sl No.: 28
1 issue framed by the court
Whether a mandamus can be issued directing enquiry into alleged forged payment when the petitioner has an alternate remedy before police or Magistrate under the IPC.
2 provisions across 2 enactments
M/S P. N. R. Constructions, represented by its proprietor Sri K. N. Prabhakar
State of Karnataka, represented by its Under Secretary, Housing and Urban Development Department
The Chief Executive Engineer, Panchayat Raj Engineering Urban Division
The Chief Secretary, Panchayat Raj, Grameena Abhirvudhi Panchayat Raj Department
K. V. Aravind
As recorded by the court registry
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