IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.43295 OF 2016 (GM-TEN) BETWEEN:
P K SHIVARAM S/O LATE KALEGOWDA, AGED ABOUT 56 YEARS, CLASS-I CONTRACTOR, R/O E & F BLOCK, 1ST MAIN, UDAYARAVI ROAD, RAMAKRISHNA NAGAR, MYSURU-570022. … PETITIONER (By Mr. S V PRAKASH, ADV..) AND:
1. THE MANAGING DIRECTOR CAUVERY NEERAVARI NIGAMA LTD.,K ANAND RAO CIRCLE, BENGALURU – 02.
2. THE CHIEF ENGINEER (IRRIGATION) SOUTH ZONE, CAUVERY NEERAVARI NIGAMA LTD., NEW SAYAJI RAO ROAD, PALACE BUILDING, MYSURU – 570022.
3. THE SUPERINTENDING ENGINEER KRSM & MIP CIRCLE, CAUVERY BHAVANA, CAUVERY NEERAVARI NIGAMA LTD., MANDYA – 571401.
4. THE EXECUTIVE ENGINEER V.C.DIVISION, CAUVERY BHAVANA, CAUVERY NEERAVARI NIGAMA LTD., MANDYA – 571401. … RESPONDENTS (By Mr. K S BHEEMAIAH, ADV.,) - - -
This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to direct the respondents to pay a sum of Rs.80,18,797.40 Paise for the work he has done pursuant to the agreement dtd.23.7.2001 bearing tender agreement No.16/2001-02 vide Annex-A followed by the supplementary bearing No.74/2005-06 dtd.18.10.2005 vide Annex-L to the W.P. by applying 2007-08 SR. and etc.
This Petition coming on for Preliminary Hearing in ‘B’ group this day, the Court made the following:-
ORDER Sri.S.V.Prakash, learned counsel for the petitioner.
Sri.K.S.Bheemaiah, learned counsel for the respondents.
2. The petition is admitted for hearing. With consent of the learned counsel for the parties, the same is heard finally.
3. In this petition, the petitioner inter alia has prayed for the following reliefs:
a) “Issue a writ in the nature of mandamus directing the respondents to pay a sum of 80,18,797,40 paise for the work he has done pursuant to the agreement dated 23.07.2001 bearing tender agreement No.16/2001-02 produced as Annexure-A followed by the supplementary bearing No.74/2005-06 dated 18.10.2005 produced as Annexure-L to the writ petition by applying 2007-08 SR.
Alternatively b) If for any reasons, if this Hon’ble Court were to hold that the petitioner is not entitled for the price by applying the 2007-08 SR, the respondents may be directed by issuing appropriate writ to pay a sum of 20,33,401/- with interest @ 9% from the date when the payments made fallen due till the payment.
c) Issue any other appropriate writ or order or direction as this Hon’ble Court deems it appropriate in the admitted facts and circumstances of the case to secure the ends if justice.
d) Award the cost of this proceedings.”
4. When the matter was taken up today, learned counsel for the petitioner submitted that the petition be disposed of with a direction to respondent No.1 to consider the prayer of the petitioner with regard to the payment of amount in respect of the work done by the petitioner in pursuance of the agreement dated 23.07.2001 by a speaking order within a fixed time limit. On the other hand, learned counsel for the respondents submits that suitable action shall be taken.
5. In view of the aforesaid submissions and in the facts of the case, the petition is disposed of with a direction to the respondent No.1 to consider and decide the claim of the petitioner by a speaking order after affording an opportunity of hearing to the petitioner within a period of eight weeks from the date of receipt of certified copy of the order passed today.
Sd/- JUDGE RV