IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR. JUSTICE ARAVIND KUMAR W.P. NO.30802/2019 (GM-RES) BETWEEN:
M/S NUETECH SOLAR SYSTEMS PVT LTD., NO.5, B.M. SHANKARAPPA INDUSTRIAL ESTATE SUNKADAKATTE BENGALURU - 560 091 REPRESENTED BY ITS AUTHORISED SIGNATORY MANAGER H R SRI. ANJANAIAH MURTHY.
... PETITIONER (BY SRI. ZULFIKIR KUMAR SHAFI, ADVOCATE) AND:
1. THE CHIEF SECRETARY STATE OF KARNATAKA VIDHANA SOUDHA BENGALURU - 560 001.
2. THE PRINCIPAL SECRETARY LABOUR DEPARTMENT VIKASA SOUDHA BANGALORE – 560 001.
3. THE COMMISSIONER DEPARTMENT OF EMPLOYMENT & TRAINING, KAUSHALYA BHAWAN DAIRY CIRCLE, BANNERGHATTA ROAD, BENGALURU - 560 029.
4. M/S KARNATAKA STATE ELECTRONICS DEVELOPMENT CORPORATION LTD. (KEONICS) 2ND FLOOR, ‘A’ BLOCK BMTC TTMC, K.H. ROAD SHANTHINAGAR BENGALURU - 560 027 REPRESENTED BY ITS MANGING DIRECTOR.
... RESPONDENTS (BY SMT. PRATHIMA HONNAPURA, AGA FOR R-1 TO R-3; SRI. NISHANTH A.V, ADVOCATE FOR R-4) THIS W.P. IS FILED UNDER ARITICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO RELEASE THE PAYMENTS DUE TO THE PETITIONER FOR SUPPLY OF SOLAR STUDY LIGHTS/LANTERNS TO STUDENTS OF IIT'S ACROSS KARNATAKA AND SUPPLY AND INSTALLATION OF ON GRID SOLAR ROOF TOP SOLAR POWER PACK FOR 5 GOVERNMENT.
THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Though matter is listed for Preliminary Hearing, by consent of learned Advocates it is taken up for final disposal. Learned AGA is already on advance notice.
2. Heard Sri. Zulfikir Kumar Shafi, learned counsel appearing for petitioner and Smt. Prathima Honnapura, learned AGA appearing for respondent Nos.1 to 3. Sri.Nishantha A.V, learned panel counsel is directed to take notice for respondent No.4.
3. Petitioner entered into an agreement on 20.05.2015 with respondent Nos.3 and 4 for supply of solar study lights and lanterns to ITI trainees all over Karnataka. On tender being issued by fourth respondent, petitioner was declared successful bidder and on being so declared three purchase orders were issued in favour petitioner by third respondent, pursuant to which petitioner is claimed to have supplied purchased material covered under purchase orders and has issued invoice for a sum of `10,16,80,403/-. Petitioner claims that there is no dispute by the respondent in the matter of supply and installation of solar lantern as per requirement of respondent Nos.1 to 4 is concerned.
4. A Three Member Committee is said to have been formed, who is said to have conducted pre- inspection and submitted a report on 22.06.2015 – Annexure-G certifying that solar lanterns supplied by petitioner is as per the distribution list given by third respondent/department. Even post-inspection report is said to have been submitted and respective colleges have also submitted reports and one such sanction dated 29.02.2016 is produced at Annexure-H. Based on same fourth respondent has addressed a communication dated 21.02.2016 to the Additional Director, Department of Employment and Training, Bangalore, enclosing satisfactory communication received from respective Government ITI Training Centres and also intimating thereunder for release of remaining payment in favour of petitioner at the earliest. On account of non payment of amount, petitioner has submitted letters dated 11.04.2017, 15.04.2017, 28.07.2018 and 15.02.2019 as per Annexures-K to K-3, which is duly acknowledged by respondents and petitioner claims that admitted amount of `5,43,94,017/- is not released. Hence, petitioner is before this Court for a writ of mandamus to respondents to release payments due.
5. Since there is no material on record to establish that representation of petitioner having been considered or rejected after such consideration and determination of issue relating to goods supplied by petitioner being in accordance with purchase orders, it cannot be in the realm of consideration by this Court under Article 226 of Constitution of India as it would be a question of fact. Hence, it would suffice if a direction is issued to respondent No.4 to consider the representations of petitioner dated 11.04.2017, 15.04.2017, 28.07.2018 and 15.02.2019 as per Annexures-K to K-3 expeditiously and at any rate within two(2) months from date of receiving of copy of the order in accordance with law, if not already considered and disposed of.
Subject to observations made hereinabove, writ petition stands disposed of. However, it is made clear that no opinion is expressed on the merits of claim.
SD/- JUDGE DR