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)

What the court decided

AI extract

Outcome

Writ of mandamus directing respondent No.1 to consider the supporting documents submitted along with the representations dated 18.04.2025 (2 Nos.) at Annexures E and E1 and pass necessary orders within eight weeks, i.e., on or before 19.12.2025. No immediate direction to pay Rs.22,64,666.84 with 18% interest was issued; payment or rejection was left to respondent No.1's consideration and reasoned decision.

Issue for consideration

Whether respondent No.1 was obliged to consider the petitioner's representations dated 18.04.2025 (Annexures E and E1) and arrange payment of the pending bills of Rs.22,64,666.84 raised under work orders dated 06.09.2023 (Annexures C and C1) and 07.09.2023 (Annexure C2), together with interest at 18% per annum.

Court's answer

A mandamus is issued directing respondent No.1 to consider the supporting documents submitted by the petitioner along with the representations dated 18.04.2025 (2 Nos.) at Annexures E and E1 and pass necessary orders within a period of eight weeks, i.e., on or before 19.12.2025.

Ratio / Principle

Whenever bills are raised on a public authority, the authority is required to consider the said bills and either make payment if they are found due, or, if not found due, pass an order of rejection accompanied by reasons; neither having been done in this case, judicial interference by way of mandamus was called for.

Detailed headnote1 paragraphs

Karnataka High Court (Bengaluru), Suraj Govindaraj J. — W.P. No. 30576 of 2025 (GM-TEN), decided 25.10.2025 (NC: 2025:KHC:42440). M/s K K Enterprises, a registered proprietorship (proprietrix Sridevi), executed works under work orders dated 06.09.2023 (2 Nos., Annexures C and C1) and 07.09.2023 (Annexure C2); its bills remained unpaid and its two representations dated 18.04.2025 (Annexures E and E1) to the Additional District Election Officer (South), BBMP, went unconsidered. Held: whenever bills are raised on a public authority, it must consider them and either make payment if found due or pass a reasoned order of rejection; neither having been done, a writ of mandamus was warranted. Petition under Articles 226 and 227 of the Constitution partly allowed: respondent No.1 directed to consider the supporting documents submitted with the representations dated 18.04.2025 and pass necessary orders within eight weeks, i.e., on or before 19.12.2025. The claimed dues of Rs.22,64,666.84 with 18% per annum interest were not themselves ordered to be paid; payment or reasoned rejection was left to the authority's decision.

NC: 2025:KHC:42440 WP No. 30576 of 2025

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 25^TH DAY OF OCTOBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 30576 OF 2025 (GM-TEN)

BETWEEN:

M/S K K ENTERPRISES A REGISTERED PROPRIETORSHIP HAVING REGISTERED OFFICE AT NO.34, CELLAR, JM ARCADE, ANNIPURA CROSS ROAD, 3RD STAGE, SUDHAMANAGAR, BENGALURU- 560 027 REPRESENTED BY ITS PROPREITRIX, SRIDEVI.

…PETITIONER

(BY SRI. PRITHVEESH M.K, ADVOCATE FOR SRI. RANGANATH R., ADVOCATE)

AND:

Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA

THE ADDITIONAL DISTRICT ELECTION OFFICER (SOUTH) 9TH MAIN ROAD, JAYANAGAR, 2ND BLOCK, BANGALORE BRUHATH BENGALURU MAHANAGARA PALIKE- 560 011.

THE EXECUTIVE ENGINEER (PROJECT) SOUTH 9TH MAIN ROAD, JAYANAGAR, 2ND BLOCK, BANGALORE BRUHATH BENGALURUMLAHANAGARA PALIKE- 560 011.

THE JOINT COMMISSIONER (SOUTH) 9TH MAIN ROAD, JAYANAGAR, 2ND BLOCK, BANGALORE

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BRUHATH BENGALURULMAHANAGARA PALILKE- 560 011.

THE CHIEF ELECTION COMMISSIONER ELECTION COMMISSION OF INDIA, 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, ADVOCATE FOR R-1 TO R-3; S.R.DODWAD, ADVOCATE FOR R-4 AND R-5)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS DIRECTING RESPONDENT NO.1 TO CONSIDER THE REPRESENTATIONS 18.04.2025 (2 NOS.) AT ANNEXURE E AND E1 AND DIRECT THE RESPONDENTS TO MAKE PAYMENT OF THE PENDING BILLS AMOUNTING TO RS.22,64,666.84/-(RUPEES TWENTY-TWO LAKH SIXTY-FOUR THOUSAND SIX HUNDRED AND SIXTY-SIX AND EIGHTY-FOUR PAISE ONLY) IN THE WORK ORDERS DATED 06.09.2023 ANNEXURE-C AND C1 (2 NOS.) AND 07.09.2023 ANNEXURE C2 ALONG WITH AN INTEREST OF 18% PER ANNUM FROM THE DATE IT IS DUE TILL THE DATE OF PAYMENTS, ETC.

THIS WRIT 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 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.

Petitioner is before this Court seeking for the following reliefs:

"a) Issue a writ of mandamus directing respondent No.1 to consider the representations 18.04.2025 (2 Nos) at Annexure E and E1 and direct the respondents to make payment of the pending bills amounting to Rs.22,64,666.84 (Rupees Twenty-Two Lakh Sixty-Four Thousand six Hundred and Sixty-six and Eighty-four paise only) in the work orders dated 06.09.2023 (2 Nos.) Annexure C & C1 and 07.09.2023 Annexure C2, 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."

The grievance of the petitioner is that for the works

which have been done by the petitioner, the

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respondents have not made payment of the due amounts despite the bills having been raised by them.

Whenever any bills are raised on a public Authority, it is required of the public Authority to consider the said bills and make payment of the same, if found due and if not found due, to pass an order of rejection accompanied by reasons. Neither having been done, I pass the following:

ORDER

(i) Writ Petition is partly allowed ;

(ii) A mandamus is issued directing the respondent No.1 to consider the supporting documents submitted by the petitioner along with the Representations dated 18.04.2025 (2 Nos.) at Annexure E and E1 and pass necessary orders, within a

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period of eight weeks from today, i.e. on

or before 19.12.2025 .

SD/(SURAJ GOVINDARAJ) JUDGE

BMV*

List No.: 1 Sl No.: 161