Judgment
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HC-KAR
CNR: KAHC010535592026 NC: 2026:KHC:47549 WP No. 24500 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 24500 OF 2026 (GM-TEN) BETWEEN:
1.
M/S YANKEE CONSTRUCTIONS LLP A LIMITED LIABILITY PARTNERSHIP FIRM REGISTERED UNDER THE PROVISIONS OF THE LLP ACT, 2008, HAVING ITS REGISTERED OFFICE AT NO 441, 2ND CROSS, 3RD BLOCK, 3RD STAGE, BASAVESHWAR NAGAR, BENGALURU - 560 079.
REPRESENTED BY ITS DESIGNATED PARTNER.
… PETITIONER (BY SRI. RUPESH KUMAR S., ADVOCATE) AND:
1.
THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF HOUSING, GOVERNMENT OF KARNATAKA, VIKAS SOUDHA, BENGALURU - 560 001.
2.
THE STATE OF KARNATAKA ACCOUNTS DEPARTMENT REPRESENTED BY ITS PRINCIPAL SECRETARY / FINANCIAL ADVISOR, VIDHANA SOUDHA, BENGALURU - 560 001.
3.
THE KARNATAKA SLUM DEVELOPMENT BOARD REPRESENTED BY ITS COMMISSIONER, NO. 55, RISALDAR STREET,
Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA
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HC-KAR
CNR: KAHC010535592026 NC: 2026:KHC:47549 WP No. 24500 of 2026
SESHADRIPURAM, BENGALURU - 560 020.
4.
THE CHIEF ENGINEER KARNATAKA SLUM DEVELOPMENT BOARD, NO. 55, RISALDAR STREET, SESHADRIPURAM, BENGALURU - 560 020.
5.
THE EXECUTIVE ENGINEER NO. 3 DIVISION, KARNATAKA SLUM DEVELOPMENT BOARD, BENGALURU-560 001 … RESPONDENTS (BY SRI. PANINI A.H., AGA FOR R1 & R2;
V/O DATED 14.08.2026, SRI B.B. PATIL, ADVOCATE FOR R3 TO R5)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECTING RESPONDENT NOS. 2 TO 4 TO IMPLEMENT THE CLEAR ADMINISTRATIVE DIRECTIONS PASSED BY THE GOVERNMENT OF KARNATAKA (RESPONDENT NO. 1) VIDE LETTER NO. VA.E 14 HFA 2024 DATED 03.07.2025 AS PER ANNEXURE-E AND IMMEDIATELY PROCESS, APPROVE, AND RELEASE THE ENTIRE OUTSTANDING PAYMENT OF RS. 9,72,63,032/- (COMPRISING THE 13TH AND FINAL BILL, CLAUSE 41 PRICE ESCALATION, AND GST DIFFERENTIAL) TO THE PETITIONER ALONG WITH APPLICABLE INTEREST FOR THE PERIOD OF DELAY.
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.
The petitioner is before this Court seeking for the following reliefs:
A.
Issue a Writ of Mandamus, or any other appropriate writ, order or direction, directing Respondent Nos.2 to 4 to implement the clear administrative
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HC-KAR
CNR: KAHC010535592026 NC: 2026:KHC:47549 WP No. 24500 of 2026
directions passed by the Government of Karnataka (Respondent No. 1) vide Letter No. Va.E 14 HFA 2024 dated 03.07.2025 as per Annexure-E and immediately process, approve, and release the entire outstanding payment of Rs. 9,72,63,032/- (comprising the 13th and Final Bill, Clause 41 Price Escalation, and GST differential) to the Petitioner along with applicable interest for the period of delay.
B.
Grant such other and further reliefs as this Honourable Court may deem fit and proper in the interest of justice, equity and good conscience.
2.
The petitioner claims to have been the successful tenderer for work of construction of 893 ground floor units including infrastructure at 11 selected slums in Rajajinagar and Mahalakshmipuram area in Bangalore City. An agreement has been entered into on 06.12.2018 and a work order also came to be issued on 06.12.2018. In pursuance of which, the petitioner is stated to have furnished bank guarantee as well as performance security and thereafter commenced the works which had been allotted to the petitioner. The petitioner claims that the petitioner has completed the work, despite such completion and bills having been raised, the respondents have
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HC-KAR
CNR: KAHC010535592026 NC: 2026:KHC:47549 WP No. 24500 of 2026
not acted on the said bills and make payment of the due amounts.
3.
Whenever any bills are submitted to the employer, it is required for the employer to consider the same and pass necessary orders either accepting or rejecting the bills which have been raised in either case accompanied by reasons.
4.
In the present matter the petitioner claims to have submitted the bills on 09.03.2023. Such being the case, the said bills could not have been kept pending for such a long time. As such this Court passes the following;
ORDER
i.
The writ petition is allowed.
ii.
A mandamus is issued, directing respondents to consider the bills raised in terms of representation submitted by the petitioner on 16.10.2024 at Annexure-D and the administrative order dated 03.07.2025 at Annexure-E within a period of 30 days from the date of receipt of a copy of this order.
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HC-KAR
CNR: KAHC010535592026 NC: 2026:KHC:47549 WP No. 24500 of 2026
iii.
It is made clear that this Court has not expressed any opinion on the entitlement of the petitioner.
The same would have to be considered on the basis of the tender documentation, the work done, the measurement books, verification thereof and necessary orders passed in accordance with law.
Sd/- (SURAJ GOVINDARAJ) JUDGE
SR List No.: 1 Sl No.: 27