Mr P Vijayakumar Vs State of Karnataka — Writ and Judicial Review | Karnataka HC (2025)

Mr P Vijayakumar Vs State of Karnataka — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

No monetary release directed. Liberty reserved to the petitioner to approach the Competent Civil Court seeking the claim as made in the writ petition; if the petitioner approaches the Civil Court, benefit of Section-14 of the Limitation Act from the date of filing of the writ petition till date.

Issue for consideration

Whether the petitioner is entitled to a writ of mandamus directing the respondents to release Rs.2,02,09,118/- and Rs.6,96,599/- as claimed in Annexure-W to the writ petition. +1 more

Ratio / Principle

As disputed questions of facts are involved in this writ petition, in so far as the claim made by the petitioner is concerned, which requires to be decided by way of an enquiry, the writ petition cannot be accepted at this stage.

Key takeaways

Liberty is reserved to the petitioner to approach the Competent Civil Court seeking the claim as made in the writ petition.ratio¶4
If the petitioner approaches the competent Civil Court, the petitioner shall have the benefit of Section-14 of the Limitation Act from the date of the filing of the writ petition till date.ratio¶5

Detailed headnote1 paragraphs

Karnataka High Court at Bengaluru (E.S. Indiresh, J.; oral order dated 12 November 2025) disposed of Writ Petition No. 12923 of 2022 (GM-TEN), filed under Article 226 of the Constitution of India by a Class I contractor seeking a writ of mandamus directing the Public Works Department respondents to release Rs.2,02,09,118/- and Rs.6,96,599/- as claimed in Annexure-W. The learned AGA submitted that the respondent is disputing the claim. The Court held that, as disputed questions of facts are involved in so far as the petitioner's claim is concerned, which requires to be decided by way of an enquiry, the writ petition cannot be accepted at this stage. Liberty was reserved to the petitioner to approach the Competent Civil Court seeking the claim as made in the writ petition, and, if the petitioner approaches the Civil Court, he shall have the benefit of Section-14 of the Limitation Act from the date of filing of the writ petition till date. With these observations, the writ petition was accordingly disposed off.

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NC: 2025:KHC:46815 WP No. 12923 of 2022

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 12^TH DAY OF NOVEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 12923 OF 2022 (GM-TEN)

BETWEEN:

MR P VIJAYAKUMAR S/O LATE P RAMASWAMY RAJU, AGED ABOUT 53 YEARS, A CLASS I CONTRACTOR HAVING HIS OFFICE AT NO 55/1, 2ND FLOOR, KALPAVRUKSHA RESIDENCY, 17TH CROSS MALLESHWARAM, BENGALURU- 560 055

…PETITIONER

(BY SRI. ABHILASH RAJU V., ADVOCATE)

AND:

Digitally signed by ARUNKUMAR M S Location: HIGH COURT OF KARNATAKA

STATE OF KARNATAKA PUBLIC WORKS DEPARATMENT, GOVERNMENT OF KARNATAKA, 3RD FLOOR VIKASASOUDHA, AMBEDKARVEEDHI, BENGALURU 560001 REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY

THE EXECUTIVE ENGINEER PUBLIC WORKS DEPARTMENT, GOVERNMENT OF KARNATAKA, NO 1, BUILDINGS DIVISION, SJP CAMPUS, NEAR K R CIRCLE, BENGALURU 560001

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NC: 2025:KHC:46815 WP No. 12923 of 2022

HC-KAR

THE ASSISTANT EXECUTIVE ENGINEER PUBLIC WORKS DEPARTMENT, GOVERNMENT OF KARNATAKA, NO 2, BUILDINGS SUB DIVISION, M S BUILDINGS, BENGALURU 560001

THE CHIEF ENGINEER C AND B (SOUTH) PUBLIC WORKS DEPARTMENT, K R CIRCLE, BENGALURU 560001

…RESPONDENTS

(BY SRI. MAHANTESH SHETTER, AGA)

THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE RESPONDENT TO RELEASE A SUM OF RS.2,02,09,118/-(TWO CRORE TWO LAKH NINE THOUSAND ONE HUNDRED AND EIGHTEEN ONLY) AND RS.6,96,599/- (SIX LAKHS NINETY SIX THOUSAND FIVE HUNDRED AND NINETY NINE ONLY) AS PER ANNEXURE-W TO THE PETITIONER., AND ETC.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH

ORAL ORDER

Heard the learned counsel appearing for the parties.

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NC: 2025:KHC:46815 WP No. 12923 of 2022

HC-KAR

In this writ petition, the petitioner has sought

for a writ of mandamus directing the respondents to

release a sum of Rs.2,02,09,118/- and Rs.6,96,599/- as claimed in Annexure-W to the writ petition.

It is submitted by the learned AGA with regard to Annexure-W that the respondent is disputing the claim made by the petitioner.

In that view of the matter, as the disputed question of facts are involved in this writ petition, in so far as the claim made by the petitioner is concerned, which requires to be decided by way of an enquiry, the writ petition cannot be accepted at this stage. Liberty is reserved to the petitioner to approach the Competent Civil Court seeking the claim as made in the writ petition.

In the event, if the petitioner approaches the competent Civil Court, the petitioner shall have the benefit of Section-14 of the Limitation Act from the date of the filing of the writ petition till date.

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NC: 2025:KHC:46815 WP No. 12923 of 2022

HC-KAR

With these observations, the writ petition is

accordingly disposed off.

SD/(E.S.INDIRESH) JUDGE

JJ List No.: 1 Sl No.: 8