IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE H. T. NARENDRA PRASAD WRIT PETITION Nos.47835-836/2014(GM-RES) BETWEEN:
1. N K SOMASHEKHARAPPA S/O LATE K. NINGAPPA AGED ABOUT 55 YEARS CONTRACTOR,R/O NO.1998/47 15TH CROSS,SOMESHWAR NILAYA TARALABALU BADAVANE DAVANGERE-577 505.
2. RAVINDRANATH S/O PAMPAMAHESHWAR AGED ABOUT 51 YEARS CLASS I PWD CONTRACTOR R/O NO. 105, A BLOCK THERESA GARDEN, II CROSS KEB ROAD,BANASHANKARI III STAGE BANGALORE-560 085.
... PETITIONERS (BY SRI.M.R.VEERENDRA PATIL ,ADV.) AND 1. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY FINANCE DEPARTEMENT VIKAS SOUDHA, BANGALORE- 560 001.
2. THE MANAGING DIRECTOR KARANATAKA STATE WARE HOUSE CORPORATION, NO. 43, PRIME ROSE ROAD BANGALORE-560 025.
... RESPONDENTS (BY SMT. NILOUFER AKBAR, AGA. FOR R1, SRI.SANGESH G PATIL, ADV. FOR R2 ) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO CONSIDER THE APPLICATIONS OF THE PETITIONERS SUBMITTED FOR PRICE ADJUSTMENT BILLS AS PER ANNX-F AND G TO THE R-2.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R In these writ petitions, the petitioners are seeking direction to the respondents to consider the applications at Annexures-F and G for price adjustment bills.
2. The petitioners are Class-I contractors executing civil contract works with the respondents at different places under the State Government and other local bodies. The petitioners have undertaken civil contract work of setting storm water drains, roads, bridges, canals, tanks and other development works under respondent. The petitioners have taken construction work of godown at Chitradurga and Bijapur. During the construction work, there is variation in the price of the material and has suffered loss. Hence, they filed applications vide Annexures-F and G for price adjustment. Since, no action has been taken by the respondents on the applications, the petitioners are before this Court.
3. The learned counsel for the petitioners submits that as per the Government Order dated 26.11.2004, the petitioners are entitled for payment of price adjustment bills in respect of specified materials. Hence, he sought for allowing the petitions.
4. The learned counsel for the respondents submits that the petitions filed by the petitioners are not maintainable. Pursuant to filing of the applications by the petitioners, the respondent No.2 has settled the final bills and without any protest, the petitioners have accepted the final bills. This fact has been suppressed by the petitioners in the pleadings. Hence, he sought for dismissal of the petitions.
5. Heard the learned counsel for the parties.
6. Since the applications/representations given by the petitioners on 22.11.2012 and 26.11.2012 vide Annexures-F and G respectively are not considered by the respondents, under the circumstances, without expressing any opinion on the merit, the respondent No.2 is directed to consider the applications/representations filed by the petitioners vide Annexures-F and G within eight weeks from the date of receipt of copy of this order.
7. With the above observation, the writ petitions are disposed of.
Sd/- JUDGE DM