M/S Dinakara Kuvara Enterprises v. The State of Karnataka

((((((((((((HC-KAR, NC:(2026:KHC:42643( WP(No.(25014(of(2026( ( ,,,,,,,,,, , CNR:(KAHC010551522026( ( ( IN(THE(HIGH(COURT(OF(KARNATAKA(AT(BENGALURU( TH DATED(THIS(THE(12 (DAY(OF(AUGUST,(2026(

BEFORE(

THE(HON'BLE(MR.(JUSTICE(SURAJ(GOVINDARAJ(

WRIT(PETITION(NO.(25014(OF(2026((GM-RES)(

BETWEEN:((

( M/S,DINAKARA,KUVARA,ENTERPRISES, REGISTERED,UNDER,MSME,ACT,,2006,

HAVING,ITS,REGISTERED,OFFICE,AT:, ST TH NO.29,,1 ,FLOOR,,4 ,MAIN,, TH9 ,,A,CROSS,,AGRAHARA,DASARAHALLI,,

BENGALURU,URBAN-560079,,KARNATAKA,, REPRESENTED,BY,ITS,PROPRIETOR, JAGADISH,B,K.,

…PETITIONER, (BY,SRI.,VIKAS,CHOUDHARY,,ADVOCATE), AND:( (

1., THE,STATE,OF,KARNATAKA, REVENUE/ELECTION,DEPARTMENT,,, Digitallytisigned REPRESENTED,BY,ITS,ADDITIONAL,CHIEF, by0SHWETHA SECRETARY,,VIDHAN,SOUDHA,,,RAGHAVENDRA AMBEDKAR,VEEDHI,,, Location:0HIGH COURT0OF BENGALURU-560001., KARNATAKA ,

2., THE,ADDITIONAL,DISTRICT,ELECTION,OFFICER,, AND,SPECIAL,COMMISSIONER, BENGALURU,CENTRAL,ASSEMBLY,CONSTITUENCY,, TH THUTILITY,BUILDING,8 ,AND,10 ,FLOOR,,, BENGALURU,DISTRICT,, BENGALURU-560001., ,

3., THE,ASSISTANT,COMMISSIONER,(ELECTION), BENGALURU,CENTRAL,ASSEMBLY,CONSTITUENCY,, TH THUTILITY,BUILDING,,8 ,AND,10 ,FLOOR,, ((((((((((((HC-KAR, NC:(2026:KHC:42643( WP(No.(25014(of(2026( ( ,,,,,,,,,, , CNR:(KAHC010551522026( ( ( BENGALURU,DISTRICT, BENGALURU-560001., ,

4., THE,CHIEF,ELECTORAL,OFFICER,KARNATAKA, NIRVACHANA,NILAYA,,, SHESADRI,ROAD,,AMBEDKAR,VEEDHI,,, BENGALURU-560001., ,

5., THE,CHIEF,ELECTION,COMMISSIONER,, ELECTION,COMMISSION,OF,INDIA,, NIRVACHAN,SADAN,,ASHOKA,ROAD,, NEW,DELHI-110,001., …RESPONDENTS, , (BY,SRI.,MOHAMMED,JAFAR,SHAH,,AGA,FOR,R1,TO,R3;, ,,,,,,SMT.,VYSHALI,HEGDE,,ADVOCATE,FOR,R4;,,,,, ,,,,,,SRI.,S.R.,DODWAD,,ADVOCATE,FOR,R5), , , THIS, WRIT, PETITION, IS, FILED, UNDER, ARTICLES, 226, AND,227,OF,THE,CONSTITUTION,OF,INDIA,PRAYING,TO,ISSUE, A, WRIT, OF, MANDAMUS, DIRECTING, THE, RESPONDENT, AUTHORITIES, TO, CONSIDER, THE, REQUISITION, DATED,

28.07.2026, AT, ANNEXURE-Q, TO, Q1, AND, FURTHER,, DIRECT, THE,RESPONDENTS,TO,RELEASE,THE,BALANCE,CONTRACTUAL, AMOUNT, OF, RS.1,05,62,407/-, (RUPEES., ONE, CRORE, FIVE, LAKHS, SIXTY-TWO, THOUSAND, FOUR, HUNDRED, AND, SEVEN, ONLY),PAYABLE,TO,THEPETITIONER,UNDER,WORK,THE,ORDER, BEARING, NO.ELN/CENTRAL/PR/56/2023-24, DATED,

01.05.2023,,TOGETHER,WITH,INTEREST,AT,THE,RATE,OF,18%, PER,ANNUM, FROM, THE, DATE, ON, WHICH, THE,SAID, AMOUNT, BECAME,DUE,TILL,THE,DATE,OF,ITS,ACTUAL,PAYMENT.,, , THIS, PETITION,, COMING, ON, FOR, PRELIMINARY, HEARING,,THIS,DAY,,ORDER,WAS,MADE,THEREIN,AS,UNDER:, , CORAM:,HON'BLE,MR.,JUSTICE,SURAJ,GOVINDARAJ, , ,

ORAL ORDER

¶1Petitioner is before this Court seeking for the following reliefs: "a) ISSUE A WRIT OF MANDAMUS directing the Respondent authorities to consider the requisition dated 28.07.2026 at Annexure-Q to Q1 and further, direct the Respondents to release the balance contractual amount of Rs.1,05,62,407/- (Rupees. One Crore Five Lakhs Sixty-Two Thousand Four Hundred and Seven Only) payable to the Petitioner under the Work Order bearing No. ELN/Central/PR/56/2023-24 dated

01.05.2023, together with interest at the rate of 18% per annum from the date on which the said amount became due till the date of its actual payment;

b) Grant such other and further reliefs as this Hon'ble Court may deem fit, just, and proper in the interest of justice and equity."

¶2The petitioner claims that a work order has been issued to the petitioner pursuant to the tender issued on

16.04.2023. The petitioner states that he has completed the work and raised his invoices despite which, payments have not been made. Petitioner has submitted his representation on 28.07.2026 at Annexure-Q series, despite which, no action has been taken. It is in that background, the petitioner is before this Court seeking for the above reliefs.

¶3Whenever any work is completed in pursuance of an agreement and/or work order, it is incumbent upon the State, as the employer, to make payment of the due amounts thereon in terms of contractual agreements. The petitioner claiming that he has completed the work and has been waiting for last two years for the said payment. It was incumbent upon the respondents to either accept the representation made by the petitioner or reject it by assigning reasons. Since neither of them having been done, this Court passes the following: O R D E R

(i) Writ petition is allowed.

(ii) A mandamus is issued directing the respondents to consider the representation of the petitioner dated

28.07.2026 at Annexure-Q series within a period of four weeks from the date of receipt of a copy of this order.

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

The same shall be considered on the basis of the contractual agreements entered into between the parties and in accordance with law.

Sd/- (SURAJ GOVINDARAJ) JUDGE

VBS List No.: 1 Sl No.: 13