MAHABOOB SAB S/O PEERSAB MASUTI vs THE TOWN MUNICIPAL COUNCIL
- Court
- Karnataka High Court
- 1 -
HC-KAR
NC: 2026:KHC-D:17982
WP No. 102073 of 2021
C/W WP No. 102075 of 2021
WP No. 102078 of 2021
AND 1 OTHER
CNR: KAHC020176572021
IN THE HIGH COURT OF KARNATAKA AT DHARWAD
ND
DATED THIS THE 2 DAY OF NOVEMBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE T.M.NADAF
WRIT PETITION NO.102073 OF 2021 (LB-RES)
C/W
WRIT PETITION NO.102075 OF 2021 (LB-RES)
WRIT PETITION NO.102078 OF 2021 (LB-RES)
WRIT PETITION NO.102388 OF 2021 (LB-RES)
IN WP NO.102073/2021
BETWEEN:
SHRI. FAKKIRAPPA S/O. WADAKAPPA HANCHINMANI,
AGE. 54 YEARS, OCC. CONTRACTOR,
R/O. VARADAHALLI, TQ. AND DIST. HAVERI-581115.
…PETITIONER
(BY SRI. P.G. CHIKKANARAGUND, ADVOCATE)
AND:
1. THE TOWN MUNICIPAL COUNCIL,
REPRESENTED BY ITS COMMISSIONER,
HAVERI-581115, TQ. AND DIST. HAVERI.
2. THE TOWN MUNICIPAL COUNCIL,
REPRESENTED BY ITS PRESIDENT,
HAVERI-581115, TQ. AND DIST. HAVERI.
…RESPONDENTS
(BY SRI. PAVAN B.DODDATTI, ADVOCATE FOR R1 AND R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA, PRAYING TO A) ISSUE WRIT OF
CERTIORARI QUASHING THE ENDORSEMENT DATED 21/01/2019 IN
£À¸ÀºÁ:vÁ«:ªÀ»:2018-19/554 ISSUED BY FIRST RESPONDENT VIDE
Digitally signed by
THEJAS KUMAR N
Location: High
Court of
Karnataka,
Dharwad Bench
ANNEXURE-J AND DIRECT THE RESPONDENTS TO CLEAR THE BILLS
WITH 18% INTEREST IN THE INTEREST OF JUSTICE AND EQUITY. B)
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HC-KAR
NC: 2026:KHC-D:17982
WP No. 102073 of 2021
C/W WP No. 102075 of 2021
WP No. 102078 of 2021
AND 1 OTHER
CNR: KAHC020176572021
PASS ANY OTHER ORDER OR DIRECTION AS THIS HON’BLE COURT
DEEMS JUST AND PROPER UNDER THE FACTS AND CIRCUMSTANCES
OF THE CASE INCLUDING AWARD OF COST IN THE INTEREST OF
JUSTICE AND EQUITY.
IN WP NO.102075/2021
BETWEEN:
SHRI. ISMAIL S/O. MOOSASAB HIREBIDARI,
AGE. 51 YEARS, OCC. CONTRACTOR,
R/O. AJANTA ELECTRICALS, NAGENDRAMATTI,
MAIN ROAD, OPP. GOSAVI GALLI,
HAVERI-581110, DIST. HAVERI.
...PETITIONER
(BY SRI. P.G. CHIKKANARAGUND, ADVOCATE)
AND:
1. THE TOWN MUNICIPAL COUNCIL,
R/BY ITS COMMISSIONER,
HAVERI-581110, TQ. AND DIST. HAVERI.
2. THE TOWN MUNICIPAL COUNCIL,
R/BY ITS PRESIDENT,
HAVERI-581110, TQ. AND DIST. HAVERI.
...RESPONDENTS
(BY SRI. PAVAN B.DODDATTI, ADVOCATE FOR R1 AND R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO A) ISSUE
WRIT OF CERTIORARI QUASHING THE ENDORSEMENT DATED
21/01/2019 £À¸ÀºÁ:vÁ«:ªÀ»:2018-19/551 ISSUED BY FIRST
RESPONDENT VIDE ANNEXURE-F AND DIRECT THE
RESPONDENTS BY DIRECTING THEM TO CLEAR THE BILLS WITH
18% INTEREST IN THE INTEREST OF JUSTICE AND EQUITY. B)
PASS ANY OTHER ORDER OR DIRECTION AS THIS HON’BLE
COURT DEEMS JUST AND PROPER UNDER THE FACTS AND
CIRCUMSTANCES OF THE CASE INCLUDING AWARD OF COST IN
THE INTEREST OF JUSTICE AND EQUITY.
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HC-KAR
NC: 2026:KHC-D:17982
WP No. 102073 of 2021
C/W WP No. 102075 of 2021
WP No. 102078 of 2021
AND 1 OTHER
CNR: KAHC020176572021
IN WP NO.102078/2021
BETWEEN:
SHRI. UMMIDSAB S/O. RAJESAB NADAF,
AGE. 38 YEARS, OCC. CONTRACTOR,
ND
R/O. 2 CROSS, SHIVALINGA NAGAR,
HAVERI-581115, TQ. AND DIST. HAVERI.
...PETITIONER
(BY SRI. P.G. CHIKKANARAGUND, ADVOCATE)
AND:
1. THE TOWN MUNICIPAL COUNCIL,
R/BY ITS COMMISSIONER, HAVERI-581115,
TQ. AND DIST. HAVERI.
2. THE TOWN MUNICIPAL COUNCIL,
R/BY ITS PRESIDENT, HAVERI-581115,
TQ. AND DIST. HAVERI.
...RESPONDENTS
(BY SRI. PAVAN B.DODDATTI, ADVOCATE FOR R1 AND R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO A) ISSUE A
WRIT OF CERTIORARI QUASHING THE ENDORSEMENT DATED
£À¸ÀºÁ:vÁ«:ªÀ»:2018-19/553
21/01/2019 IN NO. VIDE ANNEXURE-K
ST
ISSUED BY 1 RESPONDENT. IN THE INTEREST OF JUSTICE
AND EQUITY. B) ISSUE A WRIT OF MANDAMUS DIRECTING THE
RESPONDENTS TO CLEAR THE BILLS WITH 18% INTEREST AS
PER ANNEXURE-B DATED 16/09/2015 & ANNEXURE-D DATED
16/08/2016 IN THE INTEREST OF JUSTICE AND EQUITY. C)
PASS ANY OTHER ORDER OR DIRECTION AS THIS HON’BLE
COURT DEEMS JUST AND PROPER UNDER THE FACTS AND
CIRCUMSTANCES OF THE CASE INCLUDING AWARD OF COST IN
THE INTEREST OF JUSTICE AND EQUITY.
IN WP NO.102388/2021
BETWEEN:
SHRI. MAHABOOB SAB S/O. PEERSAB MASUTI,
AGE. 40 YEARS, OCC. CONTRACTOR,
R/O. NELOGAL, TQ AND DIST. HAVERI-581115.
...PETITIONER
(BY SRI. P.G. CHIKKANARAGUND, ADVOCATE)
- 4 -
HC-KAR
NC: 2026:KHC-D:17982
WP No. 102073 of 2021
C/W WP No. 102075 of 2021
WP No. 102078 of 2021
AND 1 OTHER
CNR: KAHC020176572021
AND:
1. THE TOWN MUNICIPAL COUNCIL,
REPRESENTED BY ITS COMMISSIONER,
HAVERI-581115, TQ. AND DIST. HAVERI.
2. THE TOWN MUNICIPAL COUNCIL,
REPRESENTED BY ITS PRESIDENT,
HAVERI- 581115, TQ. AND DIST HAVERI.
...RESPONDENTS
(BY SRI. PAVAN B.DODDATTI, ADVOCATE FOR R1 AND R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO A) ISSUE
WRIT OF CERTIORARI QUASHING THE ENDORSEMENT DATED
21.01.2019 IN £À¸ÀºÁ:vÁ«:ªÀ»:2018-19/555 ISSUED BY FIRST
RESPONDENT VIDE ANNEXURE-H AND DISTRICT THE
RESPONDENTS TO CLEAR THE BILLS WITH 18% IN THE
INTEREST OF JUSTICE AND EQUITY. B) PASS ANY OTHER ORDER
OR DIRECTION AS THIS HON’BLE COURT DEEMS JUST AND
PROPER UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE
INCLUDING AWARD OF COST IN THE INTEREST OF JUSTICE AND
EQUITY.
THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE T.M.NADAF
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HC-KAR
NC: 2026:KHC-D:17982
WP No. 102073 of 2021
C/W WP No. 102075 of 2021
WP No. 102078 of 2021
AND 1 OTHER
CNR: KAHC020176572021
ORAL ORDER
This batch of Writ Petitions are filed seeking a Writ of
Certiorari to quash the Endorsement dated 21.01.2019
issued by the first respondent and to direct the
respondents to clear the Bills with 18% interest in the
interest of justice and equity.
2. The prayer sought in the respective Writ
Petition reads as under:
In W.P.No.102073/2021
“a) Issue Writ of Certiorari quashing the Endorsement
dated 21/01/2019 £À¸ÀºÁ:vÁ«:ªÀ»:2018-19/554 issued by
First respondent vide Annexure-J and direct the
respondents to clear the Bills with 18% interest in the
interest of justice and equity.
b) Pass any other order or direction as this Hon’ble Court
deems just and proper under the facts and
circumstances of the case including award of cost in
the interest of justice and equity.”
In W.P.No.102075/2021
“a) Issue Writ of Certiorari quashing the Endorsement
dated 21/01/2019 £À¸ÀºÁ:vÁ«:ªÀ»:2018-19/551 issued by
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HC-KAR
NC: 2026:KHC-D:17982
WP No. 102073 of 2021
C/W WP No. 102075 of 2021
WP No. 102078 of 2021
AND 1 OTHER
CNR: KAHC020176572021
First respondent vide Annexure-F and direct the
respondents by Directing them to clear the Bills with
18% interest in the interest of justice and equity.
b) Pass any other order or direction as this Hon’ble Court
deems just and proper under the facts and
circumstances of the case including award of cost in
the interest of justice and equity.”
In W.P.No.102078/2021
“a) Issue a writ of Certiorari quashing the Endorsement
dated 21/01/2019 in No. £À¸ÀºÁ:vÁ«:ªÀ»:2018-19/553 vide
st
Annexure-K issued by 1 respondent. In the interest
of justice and equity.
b) Issue a writ of mandamus directing the respondents
to clear the Bills with 18% interest as per Annexure-
B dated 16/09/2015 & Annexure-D dated
16/08/2016 in the interest of justice and equity.
c) Pass any other order or direction as this Hon’ble Court
deems just and proper under the facts and
circumstances of the case including award of cost in
the interest of justice and equity.”
In W.P.No.102388/2021
“a) Issue Writ of Certiorari quashing the Endorsement
£À¸ÀºÁ:vÁ«:ªÀ»:2018-19/555
dated 21.01.2019 in issued by
First respondent Vide Annexure-H and district the
respondents to clear the Bills with 18% in the interest
of justice and equity.
- 7 -
HC-KAR
NC: 2026:KHC-D:17982
WP No. 102073 of 2021
C/W WP No. 102075 of 2021
WP No. 102078 of 2021
AND 1 OTHER
CNR: KAHC020176572021
b) Pass any other order or direction as this Hon’ble Court
deems just and proper under the facts and
circumstances of the case including award of cost in
the interest of justice and equity.”
3. Heard, Sri.P.G.Chikkanaragund, learned counsel
appearing for the petitioner, Sri.Pavan B.Doddatti, learned
counsel appearing for respondents 1 and 2, in all the
petitions.
4. Mr.Doddatti, learned counsel appearing for the
respondent authorities with all fairness submits that there
is no work order issued for execution of the work as
contended by the petitioners.
5. In that view of the matter, this Court at the
request of learned counsel appearing for the petitioner,
directed him orally to produce the work orders.
6. Sri.P.G.Chikkanaragund, with all fairness
submits that there is no work order issued. However, in
terms of existing practice followed in the office of the
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HC-KAR
NC: 2026:KHC-D:17982
WP No. 102073 of 2021
C/W WP No. 102075 of 2021
WP No. 102078 of 2021
AND 1 OTHER
CNR: KAHC020176572021
concerned authorities, the petitioners on oral instructions,
executed work.
7. The controversy in the lis involves disputed
questions of facts. This Court cannot exercise power under
Article 226 of the Constitution of India on the disputed
facts. Accordingly, the Writ Petition is disposed of ,
reserving liberty to the petitioners to seek appropriate
remedy before the appropriate Forum, if they are so
advised, in accordance with law.
Sd/-
(T.M.NADAF)
JUDGE
TKN
CT: UMD
List No.: 1 Sl No.: 9