Disposed

Sri.R.Pichandi v. the Deputy Commissioner

Karnataka HC16 Mar 2023WP/810/2023

Case brief

AI extract

What is this about?

This petition under Articles 226 and 227 of the Constitution was filed to direct respondents to consider representations regarding the allotment of a work place for road asphalting, which was pending since the issuance of the work order three months earlier.

What did the court decide?

Direction to issue the work order to the petitioner with all clarity within one week from 20.03.2023.

Sri.R.Pichandi Vs the Deputy Commissioner — Contract and Commercial Disputes | Karnataka HC (2023)

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WP No. 810 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16^TH DAY OF MARCH, 2023

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BEFORE

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THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 810 OF 2023 (GM-TEN)

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BETWEEN:

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SRI R PICHANDI, S/O RAMAIAH, AGED ABOUT 63 YEARS, HONNALLI ROAD, 8TH CROSS, SHANTHINAGAR, SHIMOGA, SHIVAMOGGA - 577 204.

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…PETITIONER

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(BY SRI. SAMEER S. N.,ADVOCATE)

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Digitally signed by PADMAVATHI B K Location: HIGH COURT OF KARNATAKA

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AND:

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THE DEPUTY COMMISSIONER, SHIVAMOGGA DISTRICT, SHIVAMOGGA - 577 201.

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THE COMMISSIONER, SHIVAMOGGA CITY CORPORATION, SHIVAMOGGA - 577 201.

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THE EXECUTIVE ENGINEER (DIV-2), SHIVAMOGGA CITY CORPORATION,

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WP No. 810 of 2023

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SHIVAMOGGA - 577 201.

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…RESPONDENTS

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(BY SRI. H. R. SHOWRI, ADVOCATE FOR R-2 AND R-3; SRI. M. VINOD KUMAR, AGA FOR R-1)

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THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R3, R2 AND R1 TO CONSIDER THE REPRESENTATIONS AT ANNEXURE E, ANNEXURE E1 AND ANNEXURE E2 RESPECTIVELY AND ETC.

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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The petitioner is before this Court seeking the following

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prayer:

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a) Issue a Writ or Direction in the nature of Mandamus directing the respondent No.3, respondent No.2 and respondent No.1 to consider the representations at Annexure-E, Annexure-E1 and Annexure-E-2 respectively.

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b) Consequently direct the respondent No.3 to give clear 04 months time to execute the work as per ANNEXURE-C and ANNEXURE-D Agreement and Work Order, from the date of showing of place.

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c) Pass any other order as this Honb'le court deems fit to grant in the facts and circumstances of this case in the ends of Justice and equity.

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Heard Sri. Sameer S.N., learned counsel appearing

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for the petitioner, Sri. M. Vinod Kumar, learned AGA appearing

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WP No. 810 of 2023

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for respondent No.1 and Sri. H.R. Showri, learned counsel appearing for respondent Nos.2 and 3.

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This Court on hearing the petitioner had passed the

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following order:

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Pursuant to the notice inviting tender, a letter of acceptance was issued in favour of the petitioner on 13.10.2022 and the petitioner makes a security deposit as was demanded. Agreement was entered into by the petitioner and respondent No.3 and a work order was also issued on 04.11.2022. Since then, the petitioner is being made to roam from pillar to post to know the place of work and to complete the work of asphalting of road, in terms of the work order.

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Unless the petitioner is shown the place to execute and complete the work, the petitioner will be unable to complete the work order. Therefore, the respondents shall show cause as to why the work place has not been allotted to the petitioner despite issuing the work order three months ago.

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Learned counsel for the respondents seeks time to seek instructions and make his submission.

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List the matter on 16.03.2023, in the fresh matters list."

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Learned counsel, Sri. H.R. Showri appearing for respondent Nos.2 and 3 in all fairness would submit a meeting would take place on 20.03.2023 for issuing a work order indicating the place of work to the petitioner, as he would admit that the earlier work order was vague.

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WP No. 810 of 2023

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In the light of the said submission, I deem it

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appropriate to dispose the petition with a direction to issue the work order to the petitioner with all clarity within one week from the date of the meeting i.e., 20.03.2023.

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Ordered accordingly.

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Sd/JUDGE

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SJK List No.: 1 Sl No.: 28 CT:STK

Sri.R.Pichandi v. the Deputy Commissioner

Case brief

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Sri.R.Pichandi v. the Deputy Commissioner

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