IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF APRIL 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.56487 OF 2017 (GM-TEN) BETWEEN:
SRI. M. N. LOKESH, S/O LATE M. S. NANJAPPA, CLASS-1 CONTRACTOR, AGED ABOUT 56 YEARS, R/O 1ST CROSS, SRINAGAR BEHIND SRIRAJ THEATER, TUMKUR – 572 104.
… PETITIONER (BY SRI. RAMESH K.R., ADV.) AND:
1. THE STATE OF KARNATAKA, REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF WATER RESOURCES, VIKASA SOUDHA, BENGALURU – 560 001.
2. THE MANAGING DIRECTOR , CAUVERY NEERAVARI NIGAMA, ANANDA RAO CIRCLE, BENGALURU – 560 001.
3. THE CHIEF ENGINEER, HEMAVATHI CANAL DIVISION, TUMKUR ZONE, KUNIGAL ROAD, TUMKUR – 572 101.
4. THE EXECUTIVE ENGINEER, HEMAVATHI CANAL DIVISION, CAUVERY NEERAVARI NIGAMA NIYAMITA, KUNIGAL ROAD, HEBBUR, TUMKUR TALUK & DISTRICT – 572 101.
5. THE ASSISTANT EXECUTIVE ENGINEER, HEMAVATHI CANAL ENQUIRY SUB-DIVISION, CAUVERY NEERAVARI NIGAMA NIYAMITA, KUNIGAL ROAD, HEBBUR TUMKUR TALUK & DISTRICT – 572 101.
… RESPONDENTS (BY SRI. VIJAY KUMAR A. PATIL, AGA FOR R1;
SRI. M. R. C. RAVI, ADV FOR R3 TO R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENT AUTHORITIES TO CONSIDER THE REPRESENTATION GIVEN BY THE PETITIONER DATED 17/9/2015 AT ANNEXURE-H AND PASS APPROPRIATE ORDERS TO MAKE GOOD THE LOSS SUSTAINED BY HIM WHILE EXECUTING THE TENDER WORK ON ACCOUNT OF THE FAULTS COMMITTED BY THE RESPONDENT AUTHORITIES WHILE EXECUTION OF THE TENDER WORK WAS IN PROGRESS AND ETC.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER In this petition, the petitioner inter alia seeks for a direction to the respondent authorities to consider the representation given by the petitioner dated 17.09.2015 at Annexure-H and pass appropriate orders to make good the loss sustained by him while executing the tender work on account of the faults committed by the respondent authorities while execution of the tender work was in progress.
2. On perusal of the record, I deem it appropriate to dispose of the writ petition with a direction to the competent authority to consider and decide the representation submitted by the petitioner in accordance with law, if not already decided, by a speaking order within a period of four months from the date of receipt of certified copy of the order passed today. Ordered accordingly.
3. It is made clear that this Court has not expressed any opinion on the merits of the case.
With the aforesaid direction, the petition is disposed of.
Sd/- JUDGE Mds/-