IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.35934 OF 2018 (GM-RES) BETWEEN:
K.K. YUSUFF S/O MAMMU P AGED ABOUT 65 YEARS R/O. YARAHALLI HAND POST HD KOTE TOWN MYSORE DISTRICT 571114 CLASS ONE CONTRACTOR.
(BY MR. MAHANTESH S. HOSMATH, ADV.) AND:
1. STATE OF KARNATAKA REP. BY CHIEF SECRETARY EDUCATION DEPARTMENT (HIGHER EDUCATION) M.S. BUILDING BANGALORE-560001.
2. COMMISSIONER DEPARTMENT OF COLLEGIATE EDUCATION TECHNICAL EDUCATION HOUSE PALACE ROAD, BANGALORE 560001.
3. SUPERINTENDENT ENGINEER PUBLIC WELFARE DEPARTMENT MYSORE CIRCLE, MYSORE 571012.
4. CHIEF ENGINEER PWD INLAND WATER SERVICE DEPARTMENT COMMUNICATIONS AND BUILDINGS (NORTH) K R CIRCLE, BANGALORE 560001.
… PETITIONER 5. ASST. EXECUTIVE ENGINEER PWD INLAND WATER SERVICE DEPARTMENT NO. 4 SUB DIVISION, HD KOTE MYSORE DIST 571114.
6. EXECUTIVE ENGINEER PWD DEPARTMENT HUNSUR DIVISION HUNSUR, MYSORE DIST 571114.
(BY MR. Y.D. HARSHA, AGA) - - -
… RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENTS TO RELEASE THE PENDING BILLS OF AMOUNT OF SUM OF RS.13.85 LACS WITH INTEREST IN FAVOUR OF THE PETITIONER WITHIN FORTNIGHT & ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Mr.Mahantesh S.Hosmath, learned counsel for the petitioner.
Mr.Y.D.Harsha, learned Additional Government Advocate for respondents.
2. The writ petition is admitted for hearing.
With consent of the parties, the same is heard finally.
3. In this petition, the petitioner has prayed for the following reliefs:
(i) Issue writ of mandamus directing the respondents to release the pending bills of amount of sum of Rs.13.85 lacs with interest in favour of the petitioner within fortnight.
(ii) Issue any writ or directions which this Hon’ble Court deems fit under these circumstances in the interest of justice and equity.
4. When the matter was taken up today, learned counsel for the petitioner submitted that the writ petition be disposed of with a direction to the competent authority to consider the claim of the petitioner for release of sum of Rs.13.85 Lakhs along with interest. On the other hand, learned Government Advocate submits that suitable action shall be taken in accordance with law.
5. In view of the submissions made and in the facts of the case, the writ petition is disposed of with a direction to the competent authority to decide the claim with regard to payment of the amount in accordance with law by a speaking order within two months from the date of receipt of certified copy of the order passed today. It is made clear that this Court has not expressed any opinion on the merits of the case.
Accordingly, the petition is disposed of.
Sd/- JUDGE SS