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.44942 OF 2016(GM-TEN) BETWEEN:
M/s Rao Constructions, At MF.2/2, B.D.A.Buildings, Bannerghatta Road, Bengaluru-560076, Represented by its Managing Partner Sri. C.Rajesh Babu. … Petitioner (By Sri Dwaraka Nath. H.S, Advocate) AND:
1. The Executive Engineer, Karnataka PW, P&IWT Dept., Special Division Shivamogga – 577 203.
2. The Executive Engineer, Karnataka PW, P&IWT Dept., Haveri Division, Haveri-581 118. … Respondents (By Sri Vijay Kumar A Patil, AGA for R1 & R2) This Writ Petition is filed under Articles 226 and 227of the Constitution of India, praying to quash Annexure-A the order passed by the R-1 dtd:11.8.2016 directing all authorities coming within the division of the R-1 which includes the R-2 to deduct from the amount payable to the petitioner as sum of Rs.97,36,000/- and for such other writ directions and etc.
This Petition coming on for Preliminary Hearing, this day, the Court made the following:-
ORDER Sri.Dwaraka Nath.H.S, learned counsel for the petitioner.
Sri.Vijay Kumar A. Patil, learned Additional Government Advocate for respondents.
The petition is admitted for hearing. With the consent of learned counsel for both parties, the same is heard finally.
2. In this petition, the petitioner has assailed the validity of order dated 11.08.2016, by which respondent No.1 has directed all the authorities within the division of respondent No.1 including respondent No.2 to deduct the amount of Rs.97,36,000/- from the amount payable to the petitioner.
3. When the matter was taken up today, learned counsel for the petitioner submits that the petitioner has assailed the aforesaid order only on the ground that neither any notice was issued nor any opportunity of hearing was afforded to the petitioner. It is further submitted that no enquiry was held to ascertain the amount and the order dated 11.08.2016, which has been impugned in this petition, is a non- speaking order and reflects non-application of mind.
4. On the other hand, learned Additional Government Advocate submits that the competent authority, namely, the Executive Engineer, Karnataka PW, P & IWT Department, Special Division, Shivamogga, shall afford an opportunity of hearing to the petitioner and decide the same in accordance with law by a speaking order within such time as may be fixed by this Court.
5. I have considered the submissions made by learned counsel on both sides. Since the impugned order has been passed in flagrant violation of principles of natural justice, the same, therefore, cannot be sustained in the eye of law. It is accordingly quashed.
6. Respondent No.1 is directed to afford an opportunity of hearing to the petitioner and conduct an enquiry to ascertain the amount which may be due and payable by the petitioner. Needless to state that the petitioner shall keep the bank guarantee alive till the matter is adjudicated by respondent No.1 in terms of the order passed by a Bench of this Court on 15.09.2016. The aforesaid exercise shall be completed by respondent No.1 within a period of three months from today.
7. It will be open for the petitioner to raise all contentions before respondent No.1 including the issue with regard to its competence to initiate the proceedings against the petitioner.
8. 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/- CT-HR