IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.27636 OF 2019(GM-RES) Between:
M/s Parichitha Constructions, Represented by its proprietor, N. Srinivasa Murthy, S/o.Late D. Narayanaswamy, Aged about 61 years, No.652/L, 2nd Main, 2nd stage, Dr. Rajkumar Road, Rajajinagar, Bengaluru-560 010.
(By Sri.Sundaresh H.C, Advocate) And:
1. The Commissioner, Bruhath Bengaluru Mahanagara Palike, N.R.Square, Bengaluru-560 002.
… Petitioner 2. The Chief Engineer, Road Infrastructure, Bruhath Bengaluru Mahanagara Palike, N.R.Square, Bengaluru-560 002.
3. The Executive Engineer, Road Infrastructure, Rajarajeshwari Nagar Division, Bruhath Bengaluru Mahanagara Palike, N.R.Square, Bengaluru-560 002.
…Respondents This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to direct the respondent considering the representation filed by the petitioner dated 08.01.2019 and 06.02.2019 as per annexure-G and H respectively for payment of third and final bill amount of Rs.25,43,091/- (Twenty five lakh forty three thousand ninety one only) with 18% of interest and also for settlement of EMD amount, pursuant to the work order issued by the respondent dated 15.04.2010 as per annexure-A.
This Writ Petition coming on for Preliminary Hearing, this day, the Court made the following:-
ORDER Sri.Sundaresh H.C, learned counsel for the petitioner.
Taking into account the order which this Court proposes to pass, it is not necessary to issue notice to the respondents.
2. In this petition, the petitioner inter alia seeks for a direction to respondents to consider the representations filed by the petitioner dated 08.01.2019 and 06.02.2019 as per Annexures-G and H respectively for payment of third and final bill amount of Rs.25,43,091/- with 18% interest and also for settlement of EMD amount, pursuant to the work order issued by the respondent dated 15.04.2010 as per annexure-A.
3. When the matter was taken up today, learned counsel for the petitioner submitted that the writ petition be disposed of with a direction to the respondents to consider and decide the representations submitted by the petitioner in accordance with law.
4. In view of the submission made and in the facts of the case, the writ petition is disposed of with a direction to the competent authority to consider and decide the representations submitted by the petitioner in accordance with law by a speaking order within a period of two months from the date of receipt of certified copy of the order passed today.
5. It is made clear that this Court has not expressed any opinion on the merits of the case.
Accordingly, the writ petition is disposed of.
Sd/- JUDGE dn/-