M/S. K. K. Enterprises Vs the Additional District… — Writ and Judicial Review | Karnataka HC (2025)

M/S. K. K. Enterprises Vs the Additional District… — Writ and Judicial Review | Karnataka HC (2025)

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NC: 2025:KHC:52456 WP No. 30104 of 2025

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10^TH DAY OF DECEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 30104 OF 2025 (GM-TEN)

BETWEEN:

M/S. K. K. ENTERPRISES A REGISTERED PROPRIETORSHIP FIRM HAVING REGISTERED OFFICE AT NO.34, CELLAR, JM ARCADE, ANNIPURA CROSS ROAD 3RD STAGE, SUDHAMANAGAR BANGALORE-560027 REPRESENTED BY ITS PROPRIETOR SRIDEVI SHASHIKUMAR.

…PETITIONER

(BY SRI. RANGANATH R. PATEL, ADVOCATE)

AND:

Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA

THE ADDITIONAL DISTRICT ELECTION OFFICER (URBAN) AND DEPUTY COMMISSIONER, BENGALURU URBAN, KANDAYA BHAVAN, K.G. ROAD, BENGALURU-560 002.

THE CHIEF COMMISSIONER BRUHATH BENGALURU MAHANAGARA PALIKE, BBMP HEAD OFFICE, CORPORATION CIRCLE

THE SPECIAL COMMISSIONER (ELECTIONS) BRUHATH BENGALURU MAHANAGARA PALIKE, N.R. SQUARE BENGALURU-560 002.

THE CHIEF ELECTION COMMISSIONER ELECTION COMMISSION OF INDIA

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HC-KAR

NIRVACHAN SADAN, ASHOKA ROAD NEW DELHI-110 001.

THE CHIEF ELECTORAL OFFICER KARNATAKA NIRVACHANA NILAYA, SHESADRI ROAD, AMBEDKAR VEEDHI, BENGALURU-560 001,

…RESPONDENTS

(BY SRI. B.L. SANJEEV, ADV. FOR R1 TO R3, SRI S.R. DODWAD, ADVOCATE FOR R4 TO R5)

THIS WRIT PETITION IS FILED UNDER ARTICLE 226 R/W. 227 OF THE CONSTITUTION OF INDIA PRAYING TO-DIRECT R1 TO CONSIDER THE APPEAL LETTER DATED 18.04.2025 (ANNEXRUE-G6) AND RELEASE THE PAYMENTS AS AGAINST THE BILLS SUBMITTED BY THE PETITIONER FOR THE SUM OF RS. 4,46,118/- (RUPEES FOUR LAKHS FOURTY SIX THOUSAND ONE HUNDRED AND EIGHTEEN ONLY) ALONG WITH AN INTEREST OF 18% PER ANNUM FROM THE DATE IT IS DUE TILL THE DATE OF PAYMENTS.

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

CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ

ORAL ORDER

Sri.B.L. Sanjeev, learned counsel accepts notice for respondent Nos.1 to 3. Sri.S.R. Dodwad, learned counsel accepts notice for respondent Nos.4 and 5.

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NC: 2025:KHC:52456 WP No. 30104 of 2025

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2. Petitioner is before this Court seeking for the

following reliefs:

"a) Issue a writ of mandamus directing respondent No.1 to consider the Appeal letter dated 18.04.2025 (ANNEXURE-G6) and release the payments as against the bills submitted by the Petitioner for the sum of Rs.4,46,118/0 (rupees Four Lakhs Fourty Six Thousand One Hundred and Eighteen Only) along with an interest of 18% per annum from the date it is due till the date of payments,

b) Grant such other reliefs as may be found expedient in the interest of justice and equity."

3. The grievance of the petitioner is that the amounts due to the petitioner in the election related works carried out by the petitioner have not been paid and as such, the petitioner has submitted a representation on 18.04.2025 at Annexure G6 which has also not been considered.

4. Whenever any bill and a representation thereafter is submitted to the authority, it is required to be considered and necessary orders passed thereon,

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either accepting the request made or rejecting the

same.

5. Needless to say, if the order of rejection is passed, same would have to be accompanied by reason. Neither having been done, I pass the following:

ORDER

(i) Writ Petition is allowed .

(ii) Respondents are directed to consider

the representation of the petitioner dated 18.04.2025 at Annexure G6 and pass necessary orders within thirty days from the date of receipt of a copy of this order.

(iii) It is made clear that this Court has

not expressed any opinion on the entitlement of the petitioner.

SD/(SURAJ GOVINDARAJ) JUDGE

BMV*/List No.: 1 Sl No.: 44