IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JANUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.11284 OF 2016 (GM-TEN) BETWEEN:
SRI. MOHAN BABU S/O SRI. BHASKARA RAO AGED ABOUT 56 YEARS OCC: ENGINEER AND CONTRACTOR R/O AT 1/P, OILMOL RAMANTH COLONY SAO JOSE AREAL (VP) SALCETE, GOA.
(By Mr. SAMPATH BAPAT, ADV.) AND:
UNION OF INDIA SOUTH WESTERN RAILWAY REP. BY 1. THE DIVISIONAL RAILWAY MANAGER SOUTH WESTERN RAILWAY WORKS BANGALORE-23.
2. THE DIVISIONAL ENGINEER/NORTH SOUTH WESTERN RAILWAY BANGALORE DIVISION BANGALORE-23.
3. THE GENERAL MANAGER SOUTH WESTERN RAILWAY CLUB ROAD, HUBLI-580031.
(By Mr. C. BABU, ADV., FOR R1-R3) - - -
… PETITIONER … RESPONDENTS This Writ Petition is filed under Articles 226 & 227 of the Constitution of India, praying to direct respondents to release the admitted and ascertained amount of final bill amounting to Rs.1,22,18,860 at Annex-B and etc.
This Writ Petition coming on for preliminary hearing in ‘B’ group this day, the Court made the following:-
ORDER Mr.Sampath Bapat, learned counsel for the petitioner.
Mr.C.Babu, learned counsel for respondent Nos.1 to 3.
2. The writ petition is admitted for hearing.
With consent of the parties, the same is heard finally.
3. In this petition, the petitioner inter alia seeks a direction to the respondent to release the admitted amount and ascertained amount of final bill to the tune of Rs.1,22,18,860/- and to pass appropriate orders.
4. Learned counsel for the petitioner submitted that the amount, which is admitted and which is due and payable to the petitioner has been withheld by the respondents, which amounts to violation of constitutional right and the writ petition be disposed of with a direction to respondent No.1 to consider and decide the representation submitted by the petitioner. On the other hand, learned counsel for the respondents submitted that the entire amount has been paid. The aforesaid aspect is disputed by the learned counsel for the petitioner and he submits that only a sum of Rs.50 Lakhs still remains to be paid by the respondents.
5. Be that as it may, in the fact situation of the case, the Writ Petition is disposed of with a direction to respondent No.1 viz., The Divisional Railway Manager to decide the representation submitted by 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.
Accordingly, the petition is disposed of.
Sd/- JUDGE SS