Sri v Ram Krishnappa Vs State of Karnataka

STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY, PUBLIC WORKS DEPARTMENT, PORTS AND INLAND WATER TRANSPORTATION DEPARTMENT, VIKASA SOUDHA, BENGALURLU- 560 001

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SECRETARY TO GOVERNMENT PUBLIC WORKS DEPARTMENT PORTS AND INLAND WATER TRANSPORTATION DEPARTMENT,

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HC-KAR

VIKASA SOUDHA,

BENGALURU -560 001

CHIEF ENGINEER, COMMUNICATIONS AND BUILDING (SOUTH) K.R. CIRCLE, BENGALURU -560 001

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SUPERINTENDENT ENGINEER PUBLIC WORKS DEPARTMENT, ANAND RAO CIRCLE, BENGALURUL -560 009

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SUPERINTENDENT ENGINEER QUALITY CONTROL CIRCLE, PUBLIC WORKS DEPARTMENT, KR CIRCLE,

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BENGALURU -560 001

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EXECUTIVE ENGINEER PUBLIC WORKS DEPARTMENT, PORTS AND INLAND WATER TRANSPORT DEPARTMENT, RAMANAGAR DIVISION, RAMANAGAR -562 129

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ASSISTANT EXECUTIVE ENGINEER PUBLIC WORKS DEPARTMENT, PORTS AND INLAND WATER TRANSPORT DEPARTMENT, BENGALURU -560 001

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KARNATAKA LOKAYUKTHA POLICE RAMANAGARA DISTRICT, RAMANAGARA, REP. BY ITS PANEL ADVOCATE

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…RESPONDENTS

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(BY SRI.MAHANTESH SHETTAR, AGA FOR R1 TO R7 SRI.VENKATESH S. ARABATTI, ADVOCATE FOR R8)

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3 - NC: 2026:KHC:15503 WP No. 13335 of 2021

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HC-KAR

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE COMMUNICATION DATED: 09.02.2021 ISSUED BY R-6 VIDE ANNEXURE-W AND DIRECT R-6 TO PROCESS THE BILLS SUBMITTED BY THE PETITIONERS VIDE ANNX-C COLLY.

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THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI

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ORAL ORDER

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The present writ petition is filed seeking the following

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prayer:

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"Wherefore, it is prayed that this Hon'ble Court may be pleased to:

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i) Issue a writ of certiorari and quash the communication dated 09.02.2021 bearing No.Lo.Vra/Le.Pa.Aa./Kamagari Billu/2020-21 issued by respondent No.6-Executive Engineer, PWD, Ramanagara, (Produced as Annexure-W)

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ii) Issue a writ of mandamus directing respondent No.6-Executive Engineer, PWD, Ramanagara to process the bills submitted by the petitioners (produced as Annexure-C Colly)

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And

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iii) Issue a writ of mandamus directing respondents to consider the representations dated 24.05.2019, 24.05.2019, 05.08.2019, 06.08.2019 & 11.06.2020 & 14.10.2020 submitted by the petitioners for processing the bills submitted by the petitioners for processing the bills submitted by the petitioners (produced as Annexure "Q" to Q5; S,V & W)

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HC-KAR

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And

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iv) issue such other writ, order/direction as deemed fit in the circumstances of the case in the interest of justice and equity."

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It is the case of the petitioners that the petitioners

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are the Grade-I Public Works Contractors. It is stated that the respondents have called for the tenders in the year 2011-2012 for formation of roads and reconstruction of various roads passing through the limits of Magadi Taluk. Petitioners have completed the works awarded to each of them, without any complaint or otherwise and having found the works completed, the petitioners have submitted the bills before the respondent No.6 for payment towards developmental works undertaken by the petitioners. The petitioners made a representation on 28.03.2013 through the Magadi Taluk Civil Contract Sangha (R) and Karnataka State Contractor Association before the respondent No.6 to process the pending bills due towards the developmental and asphalting works undertaken by them. Pursuant thereto, respondent No.6 vide letter dated 28.03.2013 addressed to respondent No.3 has stated that the petitioners have completed the works and sought permission for disbursement of the amounts towards the payment of the bills submitted by the petitioner. Thereafter respondent No.3

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HC-KAR

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vide letter dated 27.04.2013 addressed to respondent No.2 has

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stated that the petitioners have completed the development works that were allotted to them and there is neither any case nor investigation that is pending against them. Thereafter, respondent No.2 vide letter dated 22.06.2013 directed respondent No.4 to conduct inspection into the works undertaken by the petitioners and submit the inspection report along with the opinion pertaining to payment against the pending bills in respect of works undertaken by the petitioner. The first respondent in the meeting held on 01.07.2023 held that in respect of the contractors mentioned in Annexure-1 necessary steps have to be undertaken to initiate recovery proceedings against them and Annexure-2 contains the list of contractors against whom the payment of pending bills is pending. It is submitted that by the impugned proceedings the 6^th respondent has addressed a letter to the 4^th respondent that in the light of the pending investigation by the Lokayuktha, the bills cannot be disbursed.

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It is further submitted by the learned Counsel for the petitioners that though the complaint is pertaining to some other contractors, but the petitioners' bills are withheld by the

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HC-KAR

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respondents. It is submitted that they have completed the works in the year 2013. When the petitioners' name does not find place in the said inquiry contemplated/conducted, the respondents cannot withhold the payments of the petitioners for these many years. In this regard, a representation was given on 24.05.2019, 05.08.2019, 06.08.2019, 11.06.2020 and 14.10.2020 to process the bills and the same is not considered. Aggrieved thereby, the petitioners are before this Court.

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When this matter came up on the last occasion, this Court had directed the learned AGA to find out whether in the said inquiry which is pending before Lokayukta, the petitioners' name find place in the same. On instructions, it is submitted by the learned AGA that the name of the petitioners do not find place.

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Having heard the learned counsels on either side,

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perused the material on record. The petitioners who have completed the work in the year 2013 till 2026, their bills were not processed only on the ground that some inquiry is pending before the Lokayukta. From the instructions of the learned

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NC: 2026:KHC:15503 WP No. 13335 of 2021

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HC-KAR

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AGA, it is clear that nothing is pending against the petitioners.

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In that view of the matter, this Court is passing the following:

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ORDER

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i. The proceedings dated 09.02.2021 issued by the respondent No.6 to the respondent No.4 is set aside

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ii. The respondents shall consider the representations dated 24.05.2019, 05.08.2019, 06.08.2019, 11.06.2020 and 14.10.2020 within a period of eight weeks from the date of receipt of the copy of the order

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iii. Accordingly, the writ petition is disposed of .

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iv. All pending I.As., in the writ petition shall stand closed.

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Sd/(LALITHA KANNEGANTI) JUDGE

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PKN

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List No.: 1 Sl No.: 42

Sri v. Ram Krishnappa v State of Karnataka

Case brief

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Sri v. Ram Krishnappa v State of Karnataka

Case brief

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