H SHANKAR KUMAR v. THE EXECUTIVE DIRECTOR

(BY SRI. SIDHARTH BABURAO, ADVOCATE FOR R1 TO R3) … RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER DIRECTING RESPONDENTS TO FORTHWITH PAY TO THE PETITIONER AS PER THE REPRESENTATION AT ANNEXURE-L DATED 02.09.2025; I) THE AMOUNT ILLEGALLY WITHHELD AGAINST THE 4TH RA/FINAL BILL, I.E., RS.1,94,46,479/- (RUPEES ONE CRORES NINETY-FOUR LAKHS FORTY-SIX THOUSAND FOUR HUNDRED SEVENTY-NINE ONLY), ALONG WITH REASONABLE INTEREST AS THIS HON'BLE COURT DEEMS JUST AND PROPER AND ETC. IN W.P. NO. 15214/2026 BETWEEN:

1. H SHANKAR KUMAR AGED 54 YEARS SON OF HANUME GOWDA HAVING OFFICE AT NO.1351, 2ND CROSS, 6TH BLOCK, HMT LAYOUT, NAGASANDRA POST, BANGALORE - 560 073. (BY SRI. NAVEEN G.S., ADVOCATE) AND:

1. THE EXECUTIVE DIRECTOR KARNATAKA RESIDENTIAL EDUCATIONAL INSTITUTIONS SOCIETY (KREIS), NO.8, MSB-I, 6TH AND 7TH FLOOR, CUNNINGHAM ROAD, BENGALURU - 560 052. ... PETITIONER - 3 - NC: 2026:KHC:27732 WP No. 15576 of 2026 C/W WP No. 15214 of 2026 WP No. 15900 of 2026 HC-KAR

2. THE EXECUTIVE ENGINEER KARNATAKA RESIDENTIAL EDUCATIONAL INSTITUTIONS SOCIETY (KREIS), NO.8, MSB-I, 6TH AND 7TH FLOOR, CUNNINGHAM ROAD, BENGALURU - 560 052.

3. CHIEF ACCOUNTS OFFICER KARNATAKA RESIDENTIAL EDUCATIONAL INSTITUTIONS SOCIETY (KREIS), NO.8, MSB-I, 6TH AND 7TH FLOOR, CUNNINGHAM ROAD, BENGALURU - 560 052 ... RESPONDENTS (BY SRI. SIDHARTH BABURAO, ADVOCATE FOR R1 TO R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER DIRECTING RESPONDENTS TO FORTHWITH PAY TO THE PETITIONER AS PER THE REPRESENTATION AT ANNEXURE-M DATED 02.09.2025; I) THE AMOUNT ILLEGALLY WITHHELD AGAINST THE 4TH RA/FINAL BILL, I.E., RS.2,55,11,666/- (RUPEES TWO CRORES FIFTY FIVE LAKHS ELEVEN THOUSAND SIX HUNDRED SIXTY SIX ONLY), ALONG WITH REASONABLE INTEREST AS THIS HON'BLE COURT DEEMS JUST AND PROPER AND ETC. IN W.P. NO. 15900/2026 BETWEEN:

1. H SHANKAR KUMAR AGED 54 YEARS SON OF HANUME GOWDA HAVING OFFICE AT NO.1351, 2ND CROSS, 6TH BLOCK, HMT LAYOUT, NAGASANDRA POST, BANGALORE - 560 073. (BY SRI. NAVEEN G.S., ADVOCATE) ...PETITIONER - 4 - NC: 2026:KHC:27732 WP No. 15576 of 2026 C/W WP No. 15214 of 2026 WP No. 15900 of 2026 HC-KAR AND:

1. THE EXECUTIVE DIRECTOR KARNATAKA RESIDENTIAL EDUCATIONAL INSTITUTIONS SOCIETY (KREIS), NO.8, MSB-I, 6TH AND 7TH FLOOR, CUNNINGHAM ROAD, BENGALURU - 560 052.

2. THE EXECUTIVE ENGINEER KARNATAKA RESIDENTIAL EDUCATIONAL INSTITUTIONS SOCIETY (KREIS), NO.8, MSB-I, 6TH AND 7TH FLOOR, CUNNINGHAM ROAD, BENGALURU - 560 052.

3. CHIEF ACCOUNTS OFFICER KARNATAKA RESIDENTIAL EDUCATIONAL INSTITUTIONS SOCIETY (KREIS), NO.8, MSB-I, 6TH AND 7TH FLOOR, CUNNINGHAM ROAD, BENGALURU - 560 052 ... RESPONDENTS (BY SRI. SIDHARTH BABURAO, ADVOCATE FOR R1 TO R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER DIRECTING RESPONDENTS TO FORTHWITH PAY TO THE PETITIONER AS PER THE REPRESENTATION AT ANNEXURE-L DATED 02.09.2025; I) THE AMOUNT ILLEGALLY WITHHELD AGAINST THE 4TH RA/FINAL BILL, I.E., RS.2,38,85,648/- (RUPEES TWO CRORES THIRTY EIGHT LAKHS EIGHTY FIVE THOUSAND SIX HUNDRED FORTY EIGHT ONLY), ALONG WITH REASONABLE INTEREST AS THIS HON'BLE COURT DEEMS JUST AND PROPER AND ETC. THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ - 5 - NC: 2026:KHC:27732 WP No. 15576 of 2026 C/W WP No. 15214 of 2026 WP No. 15900 of 2026 HC-KAR

1. In W.P. No.15576/2026, the Petitioner is before this ORAL ORDER Court seeking for the following reliefs: (a) Issue a writ of mandamus or any other appropriate writ, order directing Respondents to forthwith pay to the Petitioner as per the Representation 02.09.2025; at Annexure-L The amount illegally withheld against i. the 4th RA/final bill, i.e., Rs.1,94,46,479/- (Rupees One Crores Ninety-Four Lakhs Forty- Six Thousand Four Hundred Seventy Nine only), along with reasonable interest as this Hon'ble Court deems just and proper; ii. To pay to the Petitioner, the short-paid amount of Rs.44,56,408/- (Rupees Forty four Lakhs Fifty Six Thousand Four Hundred Eight only) by erroneous application of price variation formula under the 4th RA and final bill, along with reasonable interest as this Hon'ble Court deems fit; iii. To pay nominal interest on the delayed payment of amounts on the 2nd and 3rd RA bills. (b) Declare that the action of the respondents in withholding and / or short paying the Petitioner's admitted dues without any lawful justification is arbitrary, illegal and violative of Articles 14 and 19(1)(g) of Constitution of India; (c) Grant such other and further reliefs as this Hon'ble Court may deem fit in the facts and circumstances of the case, in the interest of justice and equity.

2. In W.P. No.15214/2026, the Petitioner is before this Court seeking for the following reliefs: - 6 - NC: 2026:KHC:27732 WP No. 15576 of 2026 C/W WP No. 15214 of 2026 WP No. 15900 of 2026 HC-KAR (a) Issue a writ of mandamus or any other appropriate writ, order directing Respondents to forthwith pay to the Petitioner as per the Representation 02.09.2025; at Annexure-M i. The amount illegally withheld against the 4th RA/final bill, i.e., Rs.2,55,11,666/- (Rupees Two Crores Fifty-Five Lakhs Eleven Thousand Six Hundred Sixty Six only), along with reasonable interest as this Hon'ble Court deems just and proper; To pay to the Petitioner, the short-paid ii. amount of Rs.80,22,829/- (Rupees Eighty Lakhs Twenty-Two Thousand Eight Hundred Twenty Nine only) by erroneous application of price variation formula under the 4th RA and final bill, along with reasonable interest as this Hon'ble Court deems fit; To pay nominal interest on the delayed iii. payment of amounts on the 2nd and 3rd RA bills. (b) Declare that the action of the respondents in withholding and / or short paying the Petitioner's admitted dues without any lawful justification is arbitrary, illegal and violative of Articles 14 and 19(1)(g) of Constitution of India; (c) Grant such other and further reliefs as this Hon'ble Court may deem fit in the facts and circumstances of the case, in the interest of justice and equity.

3. In W.P. No.15900/2026, the Petitioner is before this Court seeking for the following reliefs: (a) Issue a writ of mandamus or any other appropriate writ, order directing Respondents to forthwith pay to the Petitioner as per the Representation 02.09.2025; at Annexure-L - 7 - NC: 2026:KHC:27732 WP No. 15576 of 2026 C/W WP No. 15214 of 2026 WP No. 15900 of 2026 HC-KAR The amount illegally withheld against i. the 4th RA/final bill, i.e., Rs.2,38,85,648/- (Rupees Two Crores Thirty-Eight Lakhs Eighty-Five Thousand Six Hundred Forty Eight only), along with reasonable interest as this Hon'ble Court deems just and proper; ii. To pay to the Petitioner, the short-paid amount of Rs.1,30,81,049/- (Rupees One Crore Thirty Lakhs Eighty-One Thousand Forty Nine only) by erroneous application of price variation formula under the 4th RA and final bill, along with reasonable interest as this Hon'ble Court deems fit; iii. To pay nominal interest on the delayed payment of amounts on the 2nd and 3rd RA bills. (b) Declare that the action of the respondents in withholding and / or short paying the Petitioner's admitted dues without any lawful justification is arbitrary, illegal and violative of Articles 14 and 19(1)(g) of Constitution of India; (c) Grant such other and further reliefs as this Hon'ble Court may deem fit in the facts and circumstances of the case, in the interest of justice and equity.

4. Respondent No.1 issued a tender on 12.02.2019 as regards which the Petitioner was a successful tenderer, and an agreement came to be executed in favour of the Petitioner. The Petitioner claims that the Petitioner has completed the work as per the said agreement and raised his running bills, which were not paid by respondents. As such, - 8 - NC: 2026:KHC:27732 WP No. 15576 of 2026 C/W WP No. 15214 of 2026 WP No. 15900 of 2026 HC-KAR representation was submitted on 02.09.2025 at Annexure-L in W.P.Nos.15576/2026 and 15900/2026 and Annexure-M in W.P.No.15214/2026, which has remained unconsidered by the respondents.

5. Whenever any work is entrusted by a Government Authority to a Private Contractor, the payments in respect thereto are required to be made in terms of the contract entered into within the time stipulated under the said contract.

6. In the present case, the contention of the Petitioner is that the payments were not made, and as such, the representation dated 02.09.2025 had been submitted, which has also not been considered within a reasonable period of time, the same having been pending for nearly nine (9) months now. Hence, I pass the following: ORDER i) Writ petitions are allowed. - 9 - NC: 2026:KHC:27732 WP No. 15576 of 2026 C/W WP No. 15214 of 2026 WP No. 15900 of 2026 HC-KAR ii) The respondents are directed to consider the representation dated 02.09.2025 at Annexure-L in W.P.Nos.15576/2026 and Annexure-M W.P.No.15214/2026 and pass necessary orders within a period of four (4) weeks from the date of receipt of a copy of this order in terms of the agreement entered into between the Petitioner and respondents. iii) It is made clear that this Court has not expressed any opinion on the entitlement of the Petitioner. SD/- (SURAJ GOVINDARAJ) JUDGE KTY List No.: 1 Sl No.: 72