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2025 Supreme(Online)(Kar) 35260

THE HIGH COURT OF KARNATAKA
SURAJ GOVINDARAJ
AMAR MEDICALS – Appellant
Versus
STATE OF KARNATAKA – Respondent
WP 31713/2025



IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 31713 OF 2025 (GM-RES)

BETWEEN:

AMAR MEDICALS REPRESENTED BY ITS PROPRIETOR MR AMARNATH, AGED ABOUT 50 YEARS S/O B G GANGADHAR RAO R/AT NO.8, MILL ROAD COTTONPET, BENGALURU-560 053 Digitally signed (KARNATAKA MEDICAL REGISTRATION by SHWETHA RAGHAVENDRA ACT, 1961 Location: HIGH COURT OF …PETITIONER KARNATAKA (BY MS.SHWETHA NAYAK, ADVOCATE FOR SRI. DHANANJAY KUMAR AND ASSOCIATES)

AND:

1. STATE OF KARNATAKA BY COMMISSIONER OF HEALTH DEPARTMENT AROGYA SOUDHA, MAGADI ROAD BENGALURU-560 023

2. CHIEF MEDICAL SUPERINTENDENT DIVISIONAL RAILWAY HOSPITAL OKALIPURAM, BENGALURU-560 023 …RESPONDENTS (BY SMT.SARITHA KULAKARNI, AGA FOR R1;

SRI.M.N.KUMAR, CGC FOR R2)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS DIRECT R-2 TO CONSIDER THE REPRESENTATIONS MADE BY THE PETITIONER DTD 15.06.2021 AND 01.07.2021 VIDE ANNEXURE-A AND A1 AND RELEASE THE PAYMENT DUE TO THE PETITIONER PURSUANT TO THE SUPPLIES MADE UNDER THE PURCHASE ORDERS ISSUED DURING THE PERIOD 2014-

2015.

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

CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ

ORAL ORDER

1. Learned AGA accepts notice for respondent No.1.

2. Sri.M.N.Kumar, learned CGC accepts notice for respondent No.2

3. The petitioner is before this Court seeking for the following reliefs:

“A) Issue a Writ of Mandamus direct Respondent No. 2 to consider the representations made by the Petitioner dated 15.06.2021 and 01.07.2021 vide ANNEXURE-A and A-1 and release the payment due to the Petitioner pursuant to the supplies made under the purchase orders issued during the period 2014-2015.

B) Grant such other reliefs that this Hon'ble Court deems fit to grant in the circumstances of the case, to the Petitioners, in the interest of justice.”

4. The grievance of the petitioner is that despite works having been done as per the work order which has been issued, the respondent No. 2 has not released the due payments. The representations dated 15.06.2021 and 01.07.2021 at Annexures A and A1, having been submitted, those have also not been considered.

5. Whenever any bills are submitted for payment, the same would have to be considered and necessary orders to be passed, either accepting or rejecting the said request, within a reasonable period of time.

Needless to say if an order of rejection is passed, the same would have to be accompanied by reasons.

6. Accordingly, I pass the following :

ORDER

(i) The writ petition is allowed.

(ii) Mandamus is issued directing the respondent No.2 to consider the representations dated 15.06.2021 and 01.07.2021 (Annexures – A and A1) within a period of four weeks from the date of receipt of 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 UN, List No.: 1 Sl No.: 11

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