IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION Nos.9754-9755/2019 (GM-RES) BETWEEN:
1. M. RAGHAVENDRA, S/O M. GURAPPA, AGE 50 YEARS, PWD CLASS I, CONTRACTOR NO.362/B-28/2-C, SREE RAJARAJESHWARI SADANA, JAYANAGAR, B BLOCK, DAVANAGERE-577004.
2. T. V. RAVIKUMARSINGH, S/O T.N. VENKATA SINGH, AGE 45 YEARS, PWD CLASS-I, CONTRACTOR NO.361/5, ARJUU NILAYA, JAYANAGAR B BLOCK, NEAR SHAKTHINAGAR CIRCLE, DAVANAGERE-577004.
... PETITIONERS (BY SRI BASAVARAJAIAH N., ADVOCATE) AND:
1. THE STATE OF KARNATAKA, DEPARTMENT OF WATER RESOURCES, REP. BY ITS SECRETARY, VIKAS SOUDHA, BENGALURU-560001.
2. THE STATE OF KARNATAKA, DEPARTMENT OF URBAN DEVELOPMENT, REP BY ITS SECRETARY, VIKAS SOUDHA, BENGALURU-560001.
3. THE MANAGING DIRECTOR, KARNATAKA NEERAVARI NIGAM, COFFEE BOARD BUILDING, AMBEDKAR ROAD, BENGALURU-560001.
4. EXECUTIVE ENGINEER, UTP DIVISION, KARNATAKA NEERAVARI NIGAM, MAGOD ROAD, AT PO, RANEBENNUR-581115 DIST HAVERI.
5. EXECUTIVE ENGINEER, BHADRA CADA, ENGINEERING DIVISION, MALAVAGOPPA DIST, SHIVAMOGGA-577222.
6. EXECUTIVE ENGINEER, NO.3, BHADRA CANAL DIVISION, MALEBENNUR-577530, HARIHAR TALUK, DAVANAGERE DIST.
7. EXECUTIVE ENGINEER, NO.1, KPC DIVISION, AT PO (DIST) BIDAR-585403.
8. THE COMMISSIONER, CITY CORPORATION DAVANAGERE, AT PO (DIST) DAVANAGERE-577001.
... RESPONDENTS (BY SRI Y.D. HARSHA, AGA) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO SANCTION 18% OF GST TO THE ONGOING WORKS, AND TO THE BILLS WHICH ARE PENDING BEFORE THEM AS ON 1.7.2017; DIRECT THE RESPONDENTS TO INCLUDE 18% OF GST IN ALL THE FUTURE ESTIMATES AND IN TENDER NOTIFICATIONS, FOR THE CIVIL WORKS IN THEIR DEPARTMENTS.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Mr. Basavarajaiah. N, the learned counsel for the petitioners.
Mr. Y. D. Harsha, the learned Additional Government Advocate for the respondents.
2. The petition is admitted for hearing. With the consent of the parties, the same is heard finally.
3. In this petition, the petitioner inter alia has prayed for the following reliefs:
i) To issue the writ in the nature of mandamus, directing the respondents to sanction 18% of GST to the ongoing works, and to the bills which are pending before them as on 1-7-2017.
ii) To issue the direction to the respondents to include the 18% of GST in all the future estimates and in tender notifications, for the civil works in their departments.
4. When the matter was taken up today, the learned counsel for the petitioners after arguing the matter to some extent submitted that the petitioners be granted liberty to submit the representation to the Secretary of Commercial Tax Department and the aforesaid authority be directed to decide the representation submitted by the petitioners in accordance with law.
5. On the other hand, Sri Y.D. Harsha, the learned Additional Government Advocate submits that in case such a representation is submitted by the petitioners, the same shall be dealt with in accordance with law.
6. In view of the submission made and facts of the case, the petitions are disposed of with a direction to the petitioner to submit a representation within a period of two weeks from the date of receipt of certified copy of the order passed today to the Secretary, Commercial Tax Department, and the aforesaid authority shall consider and decide the representation submitted by the petitioners by a speaking order within a period of two months from the date of receipt of such representation. It is made clear that this Court has not expressed any opinion on the merits of the case.
7. Accordingly, the petitions are disposed of.
Sd/- JUDGE MD