IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF AUGUST 2019 BEFORE THE HON’BLE MR. JUSTICE H. T. NARENDRA PRASAD WRIT PETITION No.27808/2018(LB-RES) BETWEEN:
M/S MURTHY ELECTRICAL AND ENGINEERING WORKS REPRESENTED BY ITS PROPRIETOR SRI.B.V.NARASIMHAMURTHY S/O VENKATARAVANAPPA AGED ABOUT 40 YEARS BELLARY ROAD, PAVAGADA-561202 TUMKUR DISTRICT.
... PETITIONER (BY SRI.S.V. LAKSHMINARAYANA, ADV.) AND 1. THE STATE OF KARNATAKA DEPARTMENT OF VILLAGE DEVELOPMENT AND PANCHAYATH RAJ M.S.BUILDING, DR. AMBEDKAR VEEDHI BENGALURU-560 001 REPRESENTED BY ITS SECRETARY 2. THE CHIEF EXECUTIVE OFFICER ZILLA PANCHAYATH TUMKUR DISTRICT TUMKUR-571 101 3. THE EXECUTIVE OFFICER TALUK PANCHAYATH PAVAGADA TALUK PAVAGADA-561202 4. THE PRESIDENT/P.D.O PANCHAYATH DEVELOPMENT OFFICER RAJAVANTHI GRAMA PANCHAYATH RAJAVANTHI, PAVAGADA TALUK PAVAGADA-561 202.
5. THE SECRETARY RAJAVANTHI GRAMA PANCHAYATH RAJAVANTHI, PAVAGADA TALUK PAVAGADA-561202 ... RESPONDENTS (BY SRI.ANANDISHWARA, HCGP, FOR R1, R2 TO R5 ARE SERVED & UNREPRESENTED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE DIRECTION TO CONSIDER THE REPRESENTATION DATED 12.07.2017 MADE BY THE PETITIONER TO THE RESPONDENTS NO.2 TO 4 AS PER ANNEXURE-B AND ISSUE DIRECTION, DIRECTING THE RESPONDENTS TO PAY THE REPAIR CHARGES OF RS.10,30,000/- TO THE PETITIONER AS PER ANNEXURE-B FOR THE REPAIR WORKS CARRIED OUT FOR MORE THAN THREE YEARS IN 9 VILLAGES OF THE 4TH RESPONDENT RAJUVANTHI GRAMA PANCHAYATH, PAVAGADA AND TO COMPLY THE DIRECTION GIVEN BY THE 2ND AND 3RD RESPONDENT AS PER ANNEXURE-C AND D.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R The petitioner has sought for the following reliefs:
“a. Issue a writ or order or direction in the nature of Mandamus to consider the representation dated:12.07.2017 made by the petitioner to the respondents No.2 to 4 as per Annexure-B.
b. Issue a direction, directing the respondents to pay the repair charges of Rs.10,30,000/- to the petitioner as per Annexure-B for the repair works carried out for more than three years in 9 villages of the 4th respondent Rajuvanthi Grama Panchayath, Pavagada and to comply the direction given by the 2nd and 3rd Respondent as per Annexure C and D and c. Grant such other relief/reliefs as this Hon’ble Court deems fit in the circumstances of the case, for the ends of justice.”
2. The case of the petitioner is that as per the request of the Panchayath vide Annexure-A, the petitioner was repairing borewells and tube wells belonging to the Panchayat from 2014 to 2017. Since the Panchayath has not paid the cost of the repair works, the petitioner has given representation vide Annexure-B dated 12.7.2017. Since they have not considered the representation, the petitioner is before this Court.
3. The respondent Nos.2 to 5 have been served but remained unrepresented.
4. It is not in dispute that the petitioner has given representation on 12.7.2017 vide Annexure-B to the Executive Officer, Taluk Panchayat. Since, the respondents have not considered the said representation, it is suffice to direct the respondents to consider the said representation.
5. Accordingly, the writ petition is disposed of with a direction to the petitioner to submit an additional representation along with the copy of this order within two weeks from the date of receipt of copy of this order. Thereafter, the respondents are directed to consider the representation of the petitioner dated 12.7.2017 vide Annexure-B in accordance with law within four weeks from the date of receipt of additional representation to be filed by the petitioner. It is made clear that the decision of the Panchayath shall be communicated to the petitioner.
Sd/- JUDGE DM