[Cites 2, Cited by 0]
Karnataka High Court
M/S Pradeep Construction Company vs The State Of Karnataka on 4 February, 2026
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NC: 2026:KHC-D:1576
WP No. 108887 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
DATED THIS THE 4TH DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
WRIT PETITION NO.108887 OF 2025 (GM-RES)
BETWEEN:
M/S. PRADEEP CONSTRUCTION COMPANY
ENGINEER AND CONTRACTORS OFFICE AT
#VRINDAVAN APARTMENT OPP BVB COLLEGE,
VIDYANAGAR HUBBALLI
R/BY ONE OF THE PARTNER: JAGANATH S/O.
GANAPATI SHETTY, AGE. 59 YEARS, OCC. PARTNER
M/S PRADEEP CONSTRUCTION AND
CO ENGINEER AND CONTRACTOR
R/O. #32-33, PRAGATI COLONY,
VIDYANAGAR, HUBLI, TQ. HUBBALLI,
DIST. DHARWAD.
...PETITIONER
Digitally signed by (BY SRI. S.B. DODDAGOUDAR, ADVOCATE)
YASHAVANT
NARAYANKAR
Location: HIGH AND:
COURT OF
KARNATAKA
1. THE STATE OF KARNATAKA,
FINANCE DEPARTMENT, II FLOOR,
VIDHANA SOUDHA BENGALURU-560 001,
REPRESENTED BY ITS
ADDL. CHIEF SECRETARY.
2. THE MANAGING DIRECTOR,
KNNL, 4TH FLOOR, COFFEE BOARD,
DR. AMBEDKAR VEDHI,
BENGALURU-560001.
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WP No. 108887 of 2025
HC-KAR
3. EXECUTIVE ENGINEER,
KNNL KALAS PROJECT DIVISION, KHANAPUR,
DIST. BELAGAVI-591302.
...RESPONDENTS
(BY SRI. T. HANUMAREDDY, ADDL. GOVT. ADVOCATE FOR R1;
SRI. CHETAN MUNNOLI, ADVOCATE FOR R2 AND R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF CONSTITUTION OF INDIA, PRAYING TO A. TO ISSUE A
WRIT OF MANDAMUS TO THE RESPONDENT NO.3 TO CONSIDER
THE PETITIONER'S REPRESENTATION AT ANNEXURE-A DATED
29.09.2025, WHEREIN THE PETITIONER SOUGHT FOR RELEASE
OF PAYMENT OF EARNEST MONEY DEPOSIT (EMD) AND
FURTHER SECURITY DEPOSIT (FSD) TOWARDS TENDER WORK
NAMELY "CONSTRUCTION OF CC ROADS AND DRAINS KERWAD,
HAVAGI, PALA, HUNSWAD, BETVATGI, B.K. HALLI AND
MURKWAD OF HALIYAL TALUK AND PRADHANI, GAVEGALLI,
RAMNAGAR, JAGALBET VILLAGES IN JOID TALUK OF UTTAR
KANNAD DISTRICT UNDER SCP PAKAGES 24.07.2017. B. THE
HON'BLE COURT MAY ALSO BE PLEASED TO PASS ANY OTHER
WRIT, ORDER, DIRECTION ETC IN THE ABOVE CASE TO SERVE
THE ENDS OF JUSTICE.
THIS WRIT PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
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WP No. 108887 of 2025
HC-KAR
ORAL ORDER
The present writ petition is filed seeking the following
prayer:
"a. To issue a writ of mandamus to the respondent
No.3 to consider the petitioner's representation at
Annexure A dtd 29.09.2025, wherein the petitioner
sought for release of payment of Earnest Money
Deposit (EMD) and Further Security Deposit (FSD)
towards tender work namely "Construction of CC
Roads and Drains Kerwad, Havagi, Pala, Hunswad,
Betvatgi, B.K. Halli and Murkwad of Haliyal Taluk and
Pradhani, Gavegalli, Ramnagar, Jagalbet Villages in
Joid Taluk of Uttar Kannad District under SCP Pakages
24.07.2017.
b. The Hon'ble Court may also be pleased to pass any
other writ, order, direction etc in the above case to
serve the ends of justice."
2. It is the case of the petitioner that on 24.07.2017 the
respondents have issued tender notification and the work order
has been issued to the petitioner. The petitioner has completed
the work and the respondents have issued a satisfactory
certificate to the petitioner. It is the case of the petitioner that
even after completing the work, the respondents have not
released the earnest money deposit (EMD) of an amount of
Rs.2,98,500/- and further security deposit (FSD) deducted in
running bills to the tune of Rs.14,96,503/- with interest @ 18%
per annum. He has made several representations to the
NC: 2026:KHC-D:1576
HC-KAR
respondents but the respondents have failed to consider the
same, which made the petitioner to come before this Court. It is
submitted that there shall be a direction to the respondent to
consider his representation.
3. Learned counsel appearing for respondent No.2 and 3
submits that he would get instructions in this regard.
4. When the petitioner has given representations to the
respondents that they have to return the EMD amount and the
other amounts, the respondents are duty bound to consider the
same in accordance with law and tell the petitioner whether he is
entitled for the same or not so that the petitioner would avail the
appropriate remedy available to him and it is not appropriate on
the part of the respondents to keep quiet without taking any
action on the representation. In these circumstances, this Court
is of the view that no instructions are required to be obtained by
the counsel appearing for the respondent No.2 and 3. In that
view of the matter, this Court is passing the following:
NC: 2026:KHC-D:1576
HC-KAR
ORDER
(i) The respondent No.3 shall consider the
representation dated 29.09.2025 given by the
petitioner in accordance with law, as
expeditiously as possible, but not later than
eight weeks.
(ii) Accordingly, the writ petition is disposed off.
(iii) All I.As., in this writ petition stand closed.
Sd/-
JUSTICE LALITHA KANNEGANTI
YAN
CT: UMD
List No.: 1 Sl No.: 7
