A civil works contractor sought a direction to the municipal council to pay bills for a completed contract. The court held the contractor must pursue the remedy agreed in the tender terms and declined interference under Article 226, disposing of the petition.
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NC: 2024:KHC:42008 WP No. 16897 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF OCTOBER, 2024
BEFORE
THE HON'BLE MR JUSTICE B M SHYAM PRASAD
WRIT PETITION NO. 16897 OF 2024 (LB-RES)
BETWEEN:
MOHAMED MAHAZAR
SON OF ATTAR ABDUL HAQ SAB, AGED ABOUT 65 YEARS, CIVIL WORKS CONTRACTOR, 1ST MAIN, 10TH CROSS, H.S. BADAVANE, HARIHARA TOWN, DAVANAGERE DISTRICT-577 601.
…PETITIONER
(BY SRI.N. RAMAKRISHNA., ADVOCATE)
AND:
Digitally signed by ANAND N Location: HIGH COURT OF KARNATAKA
NC: 2024:KHC:42008 WP No. 16897 of 2024
DAVANAGERE(C) - 577601 REPRESENTED BY ITS COMMISSIONER.
…RESPONDENTS
(BY SMT.SPOORTHI., HCGP FOR R1 & R2)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 PRAYING TO DIRECT THE R-3 TO PAY THE BILL AMOUNT IN RESPECT OF THE CIVIL WORK CONTRACT UNDER DMA/202223/OW/WORK INDENT-136037/CALL-2 WHICH IS COMPLETED BY HIM AS PER HIS REPRESENTATION DATED 08.04.2024 PRODUCED AT ANNX-H AND PASS SUCH OTHER ORDER OR DIRECTION TO THE RESPONDENTS.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE B M SHYAM PRASAD
ORAL ORDER
The petitioner contends that he is assured with the civil works contract, and that payments are not made despite his repeated representations. The petitioner has referred to the representation dated 08.04.2024 for directions to release payment. Mr. N. Ramakrishna, the learned counsel for the petitioner, and Ms. Spoorthi V., a learned High Court Government Pleader, who is called upon
NC: 2024:KHC:42008 WP No. 16897 of 2024
to accept notice for the first and second respondents, are heard.
It remains undisputed that the petitioner is issued with the subject civil works contract after due tender process, and such issuance is subject to separate terms and conditions incorporated in the tender document. It cannot be gainsaid from the afore that the petitioner has to avail his remedy as agreed in accordance with law and this will not be a case for interference under Article 226 of the Constitution of India.
Hence, subject to all just exceptions in law, the petition stands disposed of.
SD/(B M SHYAM PRASAD) JUDGE
RB
1 issue framed by the court
Whether the court should direct payment for a completed civil works contract despite an agreed contractual remedy between the parties.
2 provisions across 1 enactments
Mohamed Mahazar
The State of Karnataka represented by its Director, Directorate of Municipal Administration
The District Commissioner Davanagere District
City Municipal Council Harihara
B M Shyam Prasad
As recorded by the court registry
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