IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JULY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.2943/2019 (GM-RES) BETWEEN:
Sri M. Ramakrishna S/o Late Muddaiah Aged about 72 years PWD Class-I Contractor S-800, Kalamma Temple Street Srirangapatna Mandya District – 571438. … Petitioner (By Sri K. L. Sreenivas, Advocate) AND:
1. The State of Karnataka Represented by the Secretary Panchayath Raj Department M.S. Building Bengaluru – 560001.
2. The Executive Engineer Panchayath Raj Engineering Division No.P-10, Adi Chunchanagiri Road Kuvempu Nagara Mysuru – 570023. … Respondents (By Smt.Prathima Honnapura, AGA) This Writ Petition is filed under Article 226 of the Constitution of India, praying to direct the Executive Engineer, Panchayathraj Engineering Division, Kuvempunagara, Mysuru (R-2) to settle and pay the remaining bill amount with interest to the petitioner, considering the notice dated 23.10.2018 vide Annex-D, etc., This Writ Petition coming on for Preliminary Hearing in ‘B’ Group, this day, the Court made the following:-
ORDER Sri.K.L.Sreenivas, learned counsel for the petitioner.
Smt. Prathima Honnapura, learned Additional Government Advocate for the respondents.
2. Perused the petition. The petition is admitted for hearing and with the consent of the learned counsel for the parties, the same is heard finally.
3. In this Writ Petition filed under Articles 226 and 227 of the Constitution of India, the petitioner inter alia seeks for a writ of mandamus to direct the Executive Engineer, Panchayathraj Engineering Division, Kuvempunagara, Mysurs (R-2) to settle the remaining bill amount with interest to the petitioner.
4. From the perusal of the records, it is evident that the petitioner has sent a notice as contained in Annexure-D to respondent No.2. The learned Additional Government Advocate submits that the aforesaid notice shall be considered and suitable action shall be taken on the said notice.
5. In view of the submissions made and in the facts and circumstances of the case, the petition is disposed of.
6. In case of no action has been taken on the notice dated 23.10.2018, respondent No.2 shall take a suitable action on the said notice with regard to the settlement of the claim of the petitioner, by a speaking order, within a period of two months from the date of receipt of certified copy of the order passed today.
7. It is made clear that the Court has not passed any order with regard to merit of the petition.
Sd/- JUDGE RS/* Ct-b