IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 9^TH DAY OF DECEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE E.S.INDIRESH

WRIT PETITION NO. 525 OF 2023 (GM-TEN)

BETWEEN:

SRI. MANJU K.V.

S/O SRI. VEERESH K.M. AGED ABOUT 39 YEARS

R/AT NO.2035/123

12^TH CROSS,

NEAR OLD AYURVEDIC COLLEGE ANJANEYA

BADAVANE

DAVANAGERE-577004.

…PETITIONER

(BY SRI. PRITHVEESH M.K., ADVOCATE)

AND:

Digitally signed by

CHAYA S A

Location: HIGH 1. THE STATE OF KARNATAKA

COURT OF

KARNATAKA DEPARTMENT OF MINOR

IRRIGATION DEPARTMENT

VIDHANA SOUDHA AMBEDKAR VEEDHI

BENGALURU-560001

REPRESENTED BY ITS

PRINCIPAL SECRETARY.

2. THE EXECUTIVE ENGINEER

MINOR IRRIGATION DIVISION

CHITRADURGA DISTRICT AND TALUK-577501.

3. THE EXECUTIVE ENGINEER MINOR IRRIGATION DIVISION BELLARY-583101.

4. THE ASSISTANT EXECUTIVE ENGINEER MINOR IRRIGATION ND GROUNDWATER DEVELOPMENT DAVANAGERE-577004.

5. THE CHIEF ENGINEER MINOR IRRIGATION ND GROUNDWATER DEVELOPMENT K R CIRCLE BENGALURU-560001.

…RESPONDENTS (BY SRI. MAHANTESH SHETTAR, AGA)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS NO.2 AND 3 TO RELEASE THE BALANCE AMOUNT DUE TO THE PETITIONER AMOUNTING FOR THE SUM OF RS.22,74,067/- (RUPEES TWENTY TWO LAKHS SEVENTY FOUR THOUSAND AND SIXTY SEVEN ONLY) UNDER THE TENDER AGREEMENT BEARING WORK ORDER NO.145/2016-17 AS PER PACKAGE NO.1 VIDE ANNEXURE- B1 BEARING NO. EE/MID/CTA/PB-2/47020 DATED 06.03.2017 AND THE SUM OF RS.21,35,291/- (RUPEES TWENTY ONE LAKHS THIRTY FIVE THOUSAND TWO HUNDRED AND TWENTY ONE ONLY) UNDER THE TENDER AGREEMENT BEARING WORK ORDER NO.146/2016-17 AS PER PACKAGE NO.2 VIDE ANNEXURE- C1 BEARING NO. EE/MID/CTA/PB-2/4702 DATED

06.03.2017.

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

CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH

ORAL ORDER

1. Heard learned counsel appearing for the petitioner and the learned Additional Government Advocate for the respondents.

2. It is submitted by the learned counsel appearing for the petitioner that, though the petitioner has completed the Work as per the tender of the respondent, however, the bills of the petitioner have not been satisfied by the respondent. In this regard, the petitioner has addressed representation dated 01.02.2019 (Annexure-H), to the respondent No.5 - The Chief Engineer, Minor Irrigation and Groundwater Development, Bengaluru. The respondent No.5, in turn addressed letter dated

06.03.2019 (Annexure-J) to the respondent No.2 to conduct spot inspection as per the terms and conditions of the tender and the norms of the respondent - Department and to take decision in the matter. However, learned counsel appearing for the petitioner submitted that, the direction issued by the respondent No.5 has not yet been considered by the respondent No.2 and accordingly, sought for interference of this Court.

3. Learned Additional Government Advocate submitted that, pursuant to the direction issued by this Court, respondent Nos. 2 to 4 are present before the Court and on their instructions, submitted with regard to sustaining the action of the respondents. Learned Additional Government Advocate, on instruction of the Respondent No.2 present before the Court, submitted that, pursuant to the direction issued by the respondent No.5 to conduct the spot inspection, respondent No.4 has conducted spot inspection as per letter dated

05.09.2023 and sent the report to the Competent Authorities.

4. Having taken note of the submissions made by the counsel appearing for the parties, it is not in dispute as to the fact that the work was allotted in favour of the petitioner in terms of the tender notification, as per at Annexure A and A1 respectively for the purpose of construction of boundary trenches to 10 tanks in Harapanahalli Taluk, Davanagere District. Pursuant to award of tender, the agreement was entered into between the petitioner and the respondent - authorities, as per Annexure-B and the work order dated 06.03.2017 was issued to the petitioner as p