IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12th DAY OF APRIL 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.50403 OF 2013 (GM-RES) BETWEEN:
Sri A. Venkataramu PWD Class I contractor Suhas Nilaya, H.I.G. 50 Kuvempunagar Hassan-583 201. … Petitioner (By Mr. K.L. Ramesh, Advocate) AND:
1. The State of Karnataka Represented by its Secretary Water Resources Department Vikas Soudha, Bangalore-560 001.
2. The Executive Engineer Cauvery Neeravari Nigam Limited Hemavathy Canal Division Yediyur-572 142.
3. The Chief Engineer Cauvery Neeravari Nigam Limited Hemavathy Canal Division Tumkur-572 101.
4. The Managing Director Cauvery Neeravari Nigam Limited 4th Floor, Coffee Board Building Dr. Ambedkar Veedhi Bangalore-560 001. … Respondents (By Mr.Y.D. Harsha, AGA for R1 Mr. K.S. Bharath Kumar, Advocate for R2 to R4 (vakalat not filed) This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to quashing the rescinding order dated 13.8.2009 passed by the second respondent i.e. The Executive Engineer, Cauvery Neeravari Nigam Ltd., Hemavathy Canal Division, Yediyur-3 at Annexure-H from the above writ petition, and etc.
This Petition coming on for Preliminary Hearing ‘B’ Group, this day, the Court made the following:-
ORDER None had appeared on behalf of the petitioner on 21.03.2019. None has appeared for the petitioner even today when the matter is taken up at 3.15 p.m.
2. In this petition under Article 227 of the Constitution of India, the petitioner inter alia has assailed the validity of the order dated 13.08.2009 passed by Respondent No.2, by which, the contract awarded to the petitioner has been rescinded and the same is directed to be concluded at the risk of the petitioner. The petitioner also seeks a writ of certiorari for quashing of Circular dated 16.07.2013.
3. Facts giving rise to filing of the petition briefly stated are that the petitioner and the respondents entered into an agreement of construction of earth work excavation for cement concrete lining from Chainage 67,000 mtrs to 68,000 mrts in 68th K.M of Nagamangala Branch Canal. Thereafter, one supplementary agreement was exsecuted on 20.03.2003. Thereafter, by order dated 13.08.2009, the contract awarded to the petitioner was rescinded. The Respondent No.2 had issued a Circular on 16.07.2013, by which, the Respondent No.2 had informed the Irrigation Department and other departments of the Karnataka that an amount of Rs.14,22,336/- is due and payable from the petitioner and directed the authorities to recover the aforesaid amount from the petitioner.
4. The said writ petition is pending before this Court since 2013, in which no interim order has been passed. Therefore, prima facie it appears that nothing survives for adjudication in this writ petition.
5. Accordingly, the Petition is disposed of with liberty to the petitioner to take recourse to such remedy as may be available to him in law if the same still subsists.
Petition is disposed of.
Sd/- JUDGE BNV