Karnataka High Court
Sri N Ramesh vs Commissioner on 20 March, 2025
Author: S Sunil Dutt Yadav
Bench: S Sunil Dutt Yadav
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NC: 2025:KHC:11731
WP No. 24534 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF MARCH, 2025
BEFORE
THE HON'BLE MR JUSTICE S SUNIL DUTT YADAV
WRIT PETITION NO. 24534 OF 2023 (LB-RES)
BETWEEN:
1. SRI N RAMESH
S/O NARAYANAPPA,
AGED ABOUT 54 YEARS,
NO. 308, BELLI, 3RD MAIN,
3RD A PHASE, UAS G K VK LAYOUT,
BENGALURU - 560 064
... PETITIONER
(BY SRI. N K RAMESH., ADVOCATE)
AND:
1. COMMISSIONER,
CITY MUNICIPAL COUNCIL,
NEAR DR. B R AMBEDKAR CIRCLE,
Digitally signed B D ROAD, CHITRADURGA - 577 501
by VIJAYA P
Location:
HIGH COURT
OF 2. THE PROJECT DIRECTOR
KARNATAKA
DISTRICT URBAN DEVELOPMENT CELL,
CHITRADURGA - 577 501.
3. DEPUTY COMMISSIONER
NEAR DR. B R AMBEDKAR CIRCLE,
B D ROAD, CHITRADURGA - 577 501
... RESPONDENTS
(BY SRI. MAHESH S., ADVOCATE FOR R1;
SRI AKSHAYA B.M., ADVOCATE FOR R2;
SRI YOGANNA K.P., ADVOCATE FOR R3)
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NC: 2025:KHC:11731
WP No. 24534 of 2023
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA, PRAYING TO DIRECT
RESPONDENTS HEREIN TO RELEASE PAYMENT TO THE
PETITIONER PURSUANT TO THE TWO WORK ORDER
NO.NASACHI/TANTRIKA(1)/CR/2022-23/13 DTD 13.06.2022
WORK ORDER NO.NASACHI/TANTRIKA(1)/CR/ /2022-23/13
DTD 16.06.2022 ADDRESSED TO R1 FOR A SUM OF
RS.1,97,91,538.66/- INCLUDING GST (ANNEXURES-L, P, T)
AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING
IN 'B' GROUP THIS DAY, ORDER WAS MADE THEREIN AS
UNDER:
CORAM: HON'BLE MR JUSTICE S SUNIL DUTT YADAV
ORAL ORDER
The petitioner in this petition has sought for the following reliefs:
"a) Issue a writ in the nature of mandamus or any other appropriate writ, order or direction, directing Respondents herein to release payment to the petitioner pursuant to the Two Work Order No. NASACHI/TANTRIKA(1)/CR//2022-
23/13 dated 13.06.2022 Work Order No. NASACHI/ TANTRIKA(1)/CR//2022-23/13 dated 16.06.2022 addressed to Respondent No.1 for a sum of Rs. 1,97,91,538.66/- including G.S.T (Annexures-L, P,T)
b) Issue a writ in the nature of mandamus or any other appropriate writ, order or direction, directing Respondent no.3 to consider the letter dated 17.08.2023 and 16.09.2023 to release the payments to the petitioner pursuant to the Two Order Work No. NASACHI/TANTRIKA(1)/CR//2022-23/13 dated 13.06.2022 -3- NC: 2025:KHC:11731 WP No. 24534 of 2023 Work Order No. 16.06.2022 NASACHI/TANTRIKA(1)/CR/ /2022-23/13 dated 16.06.2022 for a sum of Rs. Rs.1,97,91,538.66/- including G.S.T (Annexures Q & S)
c) Issue a writ in the nature of mandamus or any other appropriate writ, order or direction directing the respondents to consider the representation dated 11.08.2022, 15.07.2023, 19.08.2023 and 05.10.2023 issued by the petitioner to the respondents (Annexures L, N, P & T respectively) ...."
Further, the petitioner submits that the representations have been made to the respondents at Annexures-L, N, P and T, which require to be considered.
2. It is the case of the petitioner that the petitioner was notified through E-procurement by the respondents. The petitioner was a successful bidder.
3. It is further case of the petitioner that after he has completed his work, he has made representations to the respondents to clear the bills. Despite such representations, it is the stand of petitioner that bills raised for the work done have not been cleared. -4-
NC: 2025:KHC:11731 WP No. 24534 of 2023
4. Statement of Objections have been filed on behalf of respondent No.1 and respondent No.2. In the statement of objections of respondent No.2, Annexure-'R8' are the proceedings before the Deputy Commissioner and in terms of the said proceedings of Deputy Commissioner, the amount payable to the petitioner is crystallized as Rs.26,18,227/- including the GST component.
5. It is further submitted that the remaining claim of petitioner has been declined in terms of the proceedings at Annexure-'R8'. The rejection of claim with respect to the amount apart from admitted claim of Rs.26,18,227/- cannot be adjudicated upon as to it correctness in the present proceedings, in light of such adjudication requiring appreciation of factually dense aspects.
6. Accordingly, insofar as the admitted amount referred to above, the respondent No.1 to take steps to clear the bills and respondent No.3 is to take necessary steps to facilitate such clearance of bills of respondent No.1.
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NC: 2025:KHC:11731 WP No. 24534 of 2023
7. Sri S. Mahesh, learned counsel appearing for respondent No.1 submits that clearance of bills is also dependent on Government releasing the funds. However, the Court would not intervene into such aspect, while making it clear that the primary responsibility to clear is with respondent No.1. Insofar as the remaining claim of petitioner is declined as per the proceedings at Annexure-'R8', it is for the petitioner to take necessary steps to have such claim adjudicated as per law.
8. In the event, if the petitioner is advised to approach Civil Court, needless to state that the time spent in these proceedings would be taken note of appropriately in terms of Section 14 of the Limitation Act by the appropriate Court. The payment to the petitioner is to be endeavoured to be made within a period of four months.
Sd/-
(S SUNIL DUTT YADAV) JUDGE NP/VGR