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Vishweshwaraiah v. Executive Engineer (Ele.) (v)

Karnataka HC17 Sept 2025WP/24438/2024

Case brief

AI extract

What is this about?

Karnataka High Court 2025; BESCOM; execution of award/work order U-13178 dated 30.11.2018 modified 06.08.2019; irrigation infrastructure; Akrama Sakrama scheme; UNIP RR no.NSIP 8103; writ of mandamus; police protection against obstruction; delay/inaction in executing work order; payment of Rs.16,610; Tumakuru/Gubbi/Nittur; Articles 226 & 227 Constitution of India; single judge Ravi V Hosmani.

What did the court decide?

Direction to respondents no.1 to 4 to execute award and work order bearing no.U-13178 dated 30.11.2018, with modifications on 06.08.2019 as per Annexure-E, if necessary by taking police protection in case of any obstruction, within an outer limit of three months from date of receipt of certified copy of the order. ¶47

Vishweshwaraiah Vs Executive Engineer (Ele.) (v) — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether a writ of mandamus should issue directing respondents no.1 to 4 to execute award/work order bearing no.U-13178 dated 30.11.2018, modified on 06.08.2019 as per Annexure-E, for providing irrigation infrastructure, with police protection if necessary. +1 more

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Court's answer

The writ petition was disposed of by directing respondents no.1 to 4 to execute the award and work order bearing no.U-13178 dated 30.11.2018, with modifications on 06.08.2019 as per Annexure-E, if necessary by taking police protection in case of any obstruction.

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Ratio / Principle

Inaction on the part of respondents in failing to execute the award/work order, despite its modification and despite petitioner having already paid the amount, was without justification and entitled the petitioner to a direction.

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Key takeaways

Execution of the award and work order was to be completed within an outer limit of three months from the date of receipt of certified copy of the order.ratio¶51

Detailed headnote1 paragraphs

Writ Petition No. 24438 of 2024 (GM-KEB), High Court of Karnataka at Bengaluru (Ravi V Hosmani, J.), 17 September 2025 - Petitioner, owner of Sy.no.24/2, N Hosahalli village, Nittur Hobli, Gubbi Taluk, Tumakuru District, who had planted arecanut and coconut trees requiring irrigation, applied for irrigation infrastructure under the Akrama Sakrama scheme paying Rs.16,610 (Annexure-A); NSIP 8103 was assigned, estimation prepared on 02.05.2018 per UNIP RR no.NSIP 8103, and award/work order bearing no.U-13178 dated 30.11.2018, modified on 06.08.2019 (Annexure-E), was passed but never executed, allegedly because neighbours opposed drawing of the line to his land. Filed under Articles 226 & 227 of the Constitution seeking mandamus against BESCOM officials (R1-R3) and the electrical contractor (R4), the Court found the respondents' inaction unjustified since the amount had already been paid, and disposed of the petition directing respondents no.1 to 4 to execute the award and work order, if necessary with police protection in case of obstruction, within three months from receipt of certified copy of the order.

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NC: 2025:KHC:37237 WP No. 24438 of 2024

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 17^TH DAY OF SEPTEMBER, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE RAVI V HOSMANI

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WRIT PETITION NO. 24438 OF 2024 (GM-KEB)

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BETWEEN:

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VISHWESHWARAIAH, SO LATE PATEL NANJUNDAPPA, AGED ABOUT 72 YEARS, R/A N. HOSAHAILLI AT POST, NITTUR HOBLI, GUBBI TALUK TUMAKURU DISTRICT - 572 211.

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…PETITIONER

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[BY SRI RAVI SHANKAR, ADVOCATE (PH)]

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AND:

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EXECUTIVE ENGINEER (ELE.) (V) COMMERCIAL, (ORDER AND MAINTENANCE), BESCOM TUMAKURA DIVISION OFFICE, OPP. KEB CHOWTRY, HORAPETE, TUMAKURU - 572 101.

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Digitally signed by GEETHAKUMARI PARLATTAYA S

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Location: High Court of Karnataka

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ASSISTANT EXECUTIVE ENGINEER (V) COMMERCIAL, (ORDER AND MAINTENANCE), BESCOM, NITTURU SUB-DIVISION, GUBBI TALLUK - 572 223.

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SECTION OFFICER (V) COMMERCIAL, (ORDER AND MAINTENANCE)

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NC: 2025:KHC:37237 WP No. 24438 of 2024

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HC-KAR

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BESCOM, NITTURU SUB-DIVISION GUBBI TALLUK - 572 223.

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SRI LAKSHMINARASIMHA ELECTRICALS, REP BY ITS ELECTRICAL CONTRACTOR, NARASIMHA MURTHY, 4^TH MAIN ROAD, 2^ND CROSS, SADASHIVANAGAR, TUMKURU - 572 102.

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REP BY ITS ELECTRICAL CONTRACTOR,

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…RESPONDENTS

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[BY SMT. GIRIJAMMA K.S., ADVOCATE FOR R1 TO R3 (PH); SRI S.G. CHAKRAPANI, ADVOCATE FOR R4]

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THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR RECORDS IN THE AWARD/WORK ORDER BEARING NO.U-13178 DTD 30.11.2018 ON THE FILE OF THE R-1, TUMAKURU DISTRICT DIRECT THE R-1 TO 4 TO EXECUTE THE AWARD/WORK ORDER BEARING NO. U-13178 DATED 30.11.2018 AND FURTHER MODIFIED ON 06.08.2019 ISSUED BY THE R-1, EXECUTIVE ENGINEER, WITH POLICE PROTECTION BY ISSUING A WRIT IN THE NATURE OF MANDAMUS.

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN B-GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI

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3 - NC: 2025:KHC:37237 WP No. 24438 of 2024

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HC-KAR

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ORAL ORDER

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Petitioner is seeking writ of mandamus for direction to respondents no.1 to 4 to execute award/work order bearing no.U-13178 dated 30.11.2018, modified on 06.08.2019 as per Annexure-E, issued by respondent no.1 for police protection, this writ petition is filed.

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Sri Ravi Shankar, learned counsel for petitioner submitted, petitioner was owner of land bearing Sy.no.24/2, situated at N Hosahalli village, Nittur Hobli, Gubbi Taluk, Tumakur District, wherein he had planted arecanut and coconut trees, which require irrigation facility. Therefore, he had applied for installation of irrigation infrastructure under Akrama Sakrama scheme by paying Rs.16,610/as per Annexure-A. Thereafter, respondent no.2 had issued NSIP 8103. It was submitted, petitioner gave several representations i.e. on 29.05.2015, 05.06.2016, 03.05.2017 and also on 11.05.2017 for consideration. In pursuance of same, respondent no.2 directed respondent no.3 to inspect land and prepare sketch and estimate for providing irrigation infrastructure. Thereafter respondent no.3 inspected

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HC-KAR

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petitioner's property and on 02.05.2018 prepared estimation as

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per UNIP RR no.NSIP 8103. It was submitted, in pursuance of same, respondent no.2 forwarded it to respondent no.1 as per Annexure-D for passing award. On basis of estimation and report, respondent no.3 had passed award and work order on 30.11.2018 and it was later modified on 06.08.2019 as per Annexure-E, which was not executed. Therefore, petitioner submitted representation as per Annexure-G dated 28.09.2020. It was submitted till date work was not carried out. It was submitted petitioner's neighbours opposed drawing of line to his land. Due to same, respondents were not carrying out work order, thereby constraining petitioner to approach this Court.

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It was submitted, failure to carry out work as per award and work order, despite lapse of several years amounted to failure to perform their duty, entitling petitioner for directions as prayed.

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Smt.Girijamma KS, learned counsel for respondents no.1 to 3 and Sri S.G. Chakarapani, learned counsel for respondent no.4 opposed writ petition.

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HC-KAR

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Heard learned counsel and perused material on

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record.

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From above, petitioner's grievance in this writ petition

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is failure of respondents to execute award/work order despite lapse of more than reasonable amount of time. Filing of applications for provision of irrigation infrastructure under Akrama-Sakrama scheme by petitioner by paying necessary charges, assigning UNIP RR no.NSIP 8103 and passing of award and issuance of work order as per Annexure-D dated 15.11.2018 is not in dispute. Though work order appears to have been modified, despite same, there would be no justification for failure to execute work by respondents, especially as petitioner had already paid amount. Inaction on part of respondents appear without justification entitling petitioner for direction.

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Consequently, Writ petition is dispose of directing respondents no.1 to 4 to execute award and work order bearing no.U-13178 dated 30.11.2018, with modifications on 06.08.2019 as per Annexure-E, if necessary by taking police protection in case of any obstruction within an outer limit of

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NC: 2025:KHC:37237 WP No. 24438 of 2024

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HC-KAR

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three months from date of receipt of certified copy of this

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order.

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Sd/(RAVI V HOSMANI) JUDGE

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