A fumigation contractor challenged BBMP's cancellation of his work order and sought payment of pending bills. The petition was restricted to payment of dues; the court disposed it directing the petitioner to file a certified copy before the fifth respondent and that officer to decide on the claim within six weeks.
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NC: 2024:KHC:51689 WP No. 6945 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF DECEMBER, 2024 BEFORE
THE HON'BLE MR JUSTICE B M SHYAM PRASAD WRIT PETITION NO.6945 OF 2024 (LB-BMP)
BETWEEN:
SRI R.BALAJI RAO S/O.RAMAKRISHNA RAO V. AGED ABOUT 45 YEARS R/AT NO.15, 1st 'B' MAIN SANJEEVININAGAR MOODALAPALYA BENGALURU-560 072
…PETITIONER
(BY SRI RAGHAVENDRA K., ADVOCATE)
AND:
Digitally signed by VANAMALA N
Location: HIGH COURT OF KARNATAKA
NC: 2024:KHC:51689 WP No. 6945 of 2024
…RESPONDENTS
(BY SRI B.S.KARTHIKEYAN, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH/SET ASIDE THE OFFICE ORDERS/TERMINATION ORDERS DATED 21.02.2024 PASSED BY THE FIFTH RESPONDENT VIDE ANNEXUREA AND CONSEQUENTLY, DIRECT THE RESPONDENTS TO CONSIDER THE REPRESENTATION MADE BY THE PETITIONER ON 26.02.2024 VIDE ANNEXURE-H AND ETC.
THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
NC: 2024:KHC:51689 WP No. 6945 of 2024
CORAM: HON'BLE MR JUSTICE B M SHYAM PRASAD
ORAL ORDER
The petitioner is issued with the Work Order dated 01.01.2023 [ Annexure-B] to carry-out
fumigation/spray of medicines to ensure public health. The fifth respondent, by the impugned order dated 21.02.2024 [Annexure-A], has cancelled this Work Order dated 01.01.2023. The petitioner, while seeking quashing of the impugned order, has sought for a direction to the respondents to pay the Bills submitted for a sum of Rs.4,12,466/- for the months between September 2023 and February 2024. Sri Raghavendra K., the learned counsel for the petitioner, and Sri B.S. Karthikeyan, the learned counsel for the respondents, are heard for disposal with the petitioner restricting the petition to its claim for payment of dues.
Sri B.S. Karthikeyan, the learned counsel for the respondents, submits that the petitioner was
NC: 2024:KHC:51689 WP No. 6945 of 2024
issued with a notice for cancellation because he did not have the requisite manpower and though the petitioner was unable to upgrade the manpower, he was permitted to continue with the work and that the petitioner failed in discharge of such work and therefore, two other notices were issued. The learned counsel emphasizes that the impugned order is issued because the petitioner could not remedy the deficiency as pointed out in the aforesaid two notices.
When queried, Sri B.S. Karthikeyan submits that the petitioner's claim for a sum of Rs.4,12,466/will have to be considered in the light of these circumstances and the decision would be communicated to the petitioner within a period of eight (8) weeks from the date of receipt of a certified copy of this order.
This Court is of the considered view that the admitted liabilities must be paid without delay and if there is any disputed amount, the petitioner must be
NC: 2024:KHC:51689 WP No. 6945 of 2024
made known about the same, so that he can work out his remedies that may be permissible in law. As such, this Court is inclined to dispose of this writ petition permitting the petitioner to file a certified copy of this order with the fifth respondent within a period of four (4) weeks from the date of a certified copy of the order directing fifth respondent to communicate the decision within the next six (6) weeks.
The writ petition stands disposed of accordingly.
Sd/(B M SHYAM PRASAD) JUDGE
LB
List No.: 1 Sl No.: 27
1 issue framed by the court
Whether the cancellation of the petitioner's fumigation work order and non-payment of bills totalling Rs.4,12,466/- should be quashed and payment directed.
1 provisions across 1 enactments
Sri R.Balaji Rao S/o.Ramakrishna Rao V.
The Commissioner BBMP
The Zonal Commissioner West Zone Bruhath Bangalore Mahanagara Palike
The Joint Commissioner West Zone Bruhath Bangalore Mahanagara Palike
The Health Officer Bruhath Bangalore Mahanagara Palike
The Medical Officer of Health Bruhath Bangalore Mahanagara Palike
B M SHYAM PRASAD
As recorded by the court registry
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