IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26^TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 1690 OF 2025 (GM-RES)

BETWEEN:

SRI. G. MANJUNATHA PATIL, S/O LATE BASAVARAJ PATIL, AGED ABOUT 40 YEARS, R/AT NEAR YELLAMMA TEMPLE, NEERMAVI - 584 118 MANVI TALUK, RAICHUR DIST.

OFFICE AT 32/2, 2ND FLOOR, RACE COURSE ROAD, MADHAVANAGAR BANGALORE - 560 001.

…PETITIONER (BY SRI. SHILPA RANI, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA Digitally signed by SHWETHA REPRESENTED BY ITS PRINCIPAL SECRETARY RAGHAVEN DRA DEPARTMENT OF SOCIAL WELFARE Location: HIGH COURT OF VIKASA SOUDHA, KARNATAKA BANGALORE - 560 001.

2. KARNATAKA RESIDENTIAL EDUCATION INSTITUTION SOCIETY REPRESENTED BY ITS EXECUTIVE DIRECTOR NO.8, MSB-1, 6TH FLOOR, CUNNINGHAM ROAD BANGALORE - 560 052.

…RESPONDENTS (BY SRI. SIDARTH BABU RAO, AGA FOR R1;

SRI. SRINIVAS C, ADVOCATE FOR R2)

THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO RELEASE PAYMENTS TO THE PETITIONER AGAINST THE BILLS AS PER ANNX-H AND H1 FORTHWITH WITH INTEREST AS DEEMS FIT BY THIS HONBLE COURT, TO MEET THE ENDS OF JUSTICE AND EQUITY 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 SURAJ GOVINDARAJ

ORAL ORDER

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

(a) ISSUE a writ of mandamus or any other writ, order or direction, directing the respondent No.2 to consider the representation of petitioner dated 02.12.2024 produced as Annexure-J in terms of this Hon'ble court order dated 03.09.2022 in W.P.No.46302/2018 and order dated 28.05.2024 in W.P. No. 26881/2023 which is placed at Annexure-K & L respectively, in the interest of justice and equity.

(b) ISSUE a writ of mandamus or any other writ, order or direction, directing the respondent No.2 to release payments to the Petitioner against the Bills submitted on 04.11.2023 & 05.06.2024 as per Annexure-H and H1 forthwith with interest as deems fit by this Hon'ble Court, to meet the ends of justice and equity.

(c) GRANT such other order or direction as deems fit to grant in the facts and circumstances of the case, in the interest of justice and equity.

2. The grievance of the petitioner is that despite the works having been completed and the project being handed over by the petitioner, the bills raised by the petitioner have not been paid by respondent No.2 It is in that background that the petitioner is before this Court seeking for the aforesaid reliefs.

3. Learned counsel for respondent No.2 would submit that there is no payment that is required to be made inasmuch as the bank guarantees that have been furnished are found to be fraudulent bank guarantees, and apart from that, for various other reasons, no payments are due to be paid to the petitioner.

4. Even if the submission of counsel for respondent No.2 were to be accepted, it would be required for respondent No.2 to pass necessary orders in writing so as to enable the petitioner to take such steps as may be available to the petitioner. Respondent No.2 cannot, on the basis of any valid or otherwise reasons available to it, not pass any orders and keep the bills pending without either acceptance or rejection. Hence, I pass the following:

ORDER

i) The writ petition is allowed ii) A mandamus is issued directing respondent No.2 to consider the representation of the petitioner dated 02.11.2024 at Annexure-J and pass necessary orders within a period of 30 days from today.

iii) It is made clear that this Court has not expressed any opinion on the entitlement of the petitioner.

iv) There being several matters which are coming up before this Court as regards fraudulent bank guarantees being provided more so to the governmental authorities, it would be required for the Principal Secretary of the E-Governance department to establish a system where the veracity of the bank guarantees could be ascertained by