[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:1574
WP No. 108890 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.108890 OF 2025 (GM-RES)
BETWEEN:
M/S. PRADEEP CONSTRUCTION COMPANY
ENGINEER AND CONTRACTORS,
OFFICE AT VRINDAVAN APARTMENT,
OPP. BUB 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 CONTRACTORM
R/O. #32-33, PRAGATI COLONY, VIDYANAGAR,
HUBBALLI, TQ. HUBBALLI, DIST. DHARWAD.
Digitally signed by
...PETITIONER
YASHAVANT
NARAYANKAR (BY SRI. S.B. DODDAGOUDAR, ADVOCATE)
Location: HIGH
COURT OF
KARNATAKA AND:
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 BENGALURU-560001.
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WP No. 108890 of 2025
HC-KAR
3. EXECUTIVE ENGINEER
KNNL PROJECT DIVISION
KHANAPUR DISTRICT-591302.
...RESPONDENTS
(BY SRI.T.HANUMAREDDY, AGA FOR R1;
SRI.CHETAN MUNNOLI, ADVOCATE FOR R2 AND R3)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE
CONSTITUTION OF INDIA, PRAYING TO A. TO ISSUE A WRIT OF
MANDAMUS TO THE RESPONDENT NO.3 TO CONSIDER THE
PETITIONERS 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) WITH INTEREST OF 18% IT COMES TO THE TUNE OF
RS.31,93,368/- TOWARDS TENDER WORK NAMELY CONSTRUCTION OF
CC ROADS AND DRAINS IN KAVALWAD, SANGANAKOPPA,
NANDIGADDA, JANAGA AND KALAGINAKOPPA, GUNDOLLI, YEDOGA,
JAVALLI, KOGILBAN MAJRE AND BELVATGI VILLAGES IN HALIYAL
TALUK AND RAMANAGAR VILLAGE IN JOIDA TALLUK OF UTTAR
KANNADA DISTRICT UNDER SCP PACKAGE BEARING WORK INDENT
KNNL/2017-18/RD WORK-INDENT227878 DATED 22.08.2017. 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 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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NC: 2026:KHC-D:1574
WP No. 108890 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)
with interest of 18% it comes to the tune of
Rs.31,93,368/- towards tender work namely
"Construction of CC roads and Drains in Kavalwad,
Sanganakoppa, Nandigadda, Janaga And
Kalaginakoppa, Gundolli, Yedoga, Javalli, Kogilban
Majre and Belvatgi villages in Haliyal taluk and
Ramanagar village in Joida talluk of Uttar Kannada
District under SCP Package bearing work indent
KNNL/2017-18/RD WORK-INDENT227878 dated
22.08.2017"
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 22.08.2017 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.2,99,125/- and Further Security Deposit (FSD) of an amount
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HC-KAR
of Rs.17,74,154/- with interest @ 18% per annum. He has made
several representations to the 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:1574
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:PA
LIST NO.: 1 SL NO.: 0
