Allowed

Sri. Abubkar Maktam Hussain Tatagar v. Assistant Executive Engineer

Karnataka HC20 Jun 2024WP/100561/2024

Case brief

AI extract

What is this about?

Single judge Writ Court allowed a petition filed by a successful bidder seeking mandamus to direct public authorities to implement a work order for constructing an Anganawadi Kendra. The court directed the respondents to secure the site from other authorities and hand it over to the petitioner within six weeks.

What did the court decide?

Directed respondents to secure the site and hand it over to the petitioner within six weeks.

Sri. Abubkar Maktam Hussain Tatagar Vs Assistant… — Service and Employment | Karnataka HC (2024)

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NC: 2024:KHC-D:8226 WP No. 100561 of 2024

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 20^TH DAY OF JUNE, 2024 BEFORE

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THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 100561 OF 2024 (GM-TEN)

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BETWEEN:

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SRI. ABUBKAR MAKTAM HUSSAIN TATAGAR, AGE: 32 YEARS, OCC: CLASS I CONTRACTOR, R/O. HOUSE NO.17, ADHYAPAK NAGAR, 5^TH CROSS, GUDIHAL ROAD, HUBLI, TQ:& DIST: DHARWAD, PIN: 580025.

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…PETITIONER

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(BY SRI. SHASHWATH S. HIREMATH, ADVOCATE) AND:

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ASSISTANT EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTEMENT, SUB-DIVISION, HUBLI, DHARWAD, KARNATAKA, PIN: 580020.

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EXECUTIVE ENGINEER, PWD, DHARWAD DIVISION, DHARWAD, KARNATAKA, PIN: 580008.

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…RESPONDENTS

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(BY SRI. V.S. KALASURMATH, HCGP)

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ASHPAK KASHIMSA MALAGALADINNI Location: HIGH COURT OF KARNATAKA, DHARWAD BENCH

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF MANDAMUS DIRECTING THE RESPONDENT NO.1 AND 2 TO IMPLEMENT THE WORK ORDER DATED 13.02.2023 IN BEARING NO.EE:PWD:DWD:PB-4:8443/2022-23/10441 I.E., ANNEXURE-B AND TO ABIDE ACCORDING TO ITS OWN CONDITION AND TO EXTEND THE TENDER PERIOD UNTIL THE CONSTRUCTION WORK IS FINISHED; IN ALTERNATIVE IT IS ALSO MOST HUMBLY PRAYED BEFORE THIS HON’BLE HIGH COURT TO DIRECT THE RESPONDENTS TO DEPOSIT THE AMOUNT OF TENDER WITH THE APPRAISAL OF THE PRESENT CONSTRUCTION AS IT WAS ALMOST THE HALF OF THE CONSTRUCTION AND TO COMPENSATE THE PRESENT PETITIONER FOR DELAY AND TO DISAGREEMENT OF CONDITIONS OF THE WORK ORDER DATED 13/02/2023 NO:EE:PWD:DWD:PB-4:8443/202223/10441 PASSED IN I.E. ANNEXURE-B LONG WITH SUITABLE INTEREST AS DAMAGES FOR THE WRONG CAUSED TO HIM BY THEM AND TO RESOLVE THE FINANCIAL BURDEN OF THE PRESENT PETITIONER AND ETC.

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NC: 2024:KHC-D:8226 WP No. 100561 of 2024

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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 captioned writ petition is filed by the petitioner seeking mandamus against the respondents to issue work order to the petitioner and enable the petitioner to implement the project assigned under the tender.

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The facts leading to the case are that; petitioner participated in a tender notification floated by the respondents for construction of an Anganawadi Kendra. Petitioner was declared to be a successful bidder and the work was awarded to the petitioner herein. The grievance of the petitioner is that, apart from initial deposit, the petitioner has also made huge investment and due to the inaction on the part of the respondents in not handing over the site, the petitioner is not able to implement the project allotted to him.

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Learned HCGP referring to the statement of

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objections would point out that the petitioner will be

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3 - NC: 2024:KHC-D:8226 WP No. 100561 of 2024

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permitted to complete the construction of Anganawadi Kendra subject to the HDMC handing over the site. At para 12, respondents have also given an undertaking that they will extend the period of tender, until the construction work is finished.

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This court taken cognizance of the statement made by the learned HCGP. However, under the garb that communication is sent to the HDMC, the respondents cannot indefinitely postpone the handing over of the site. Though learned HCGP has brought to the notice of this court that HDMC has issued an endorsement indicating that proposed site falls within the jurisdiction of CTS authorities, this court is not inclined to accede to the said contention. Having floated a tender which lead to participation and investment made by the citizen, it is the bounden duty of the respondents to take all possible measures and secure the site expeditiously and handover

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the same to the petitioner, to enable him to complete the project. It is made clear that the respondents cannot shift

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4 - NC: 2024:KHC-D:8226 WP No. 100561 of 2024

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their responsibilities and further delay the implementation

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of the project.

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For the forgoing reasons, this court passes the

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following:

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ORDER

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i) The writ petition is allowed.

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ii) Respondents are hereby directed to take all possible measures and secure the site from the concerned authority and handover the site forthwith to the petitioner to enable him to implement the project.

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iii) This action shall be accomplished by the respondents within six weeks from the date of receipt of a certified copy of this order.

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MBS Ct-mck List No.: 1 Sl No.: 9

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Sd/JUDGE

Sri. Abubkar Maktam Hussain Tatagar v. Assistant Executive Engineer

Case brief

What is this about?

What did the court decide?

Sri. Abubkar Maktam Hussain Tatagar v. Assistant Executive Engineer

Case brief

What is this about?

What did the court decide?

What the court decided

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