M/S Subhash Projects And Marketing ... vs Karnataka Power Transmission ... on 25 November, 2011

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Karnataka High Court

M/S Subhash Projects And Marketing ... vs Karnataka Power Transmission ... on 25 November, 2011

Bench: K.L.Manjunath

IN THE HIGH COURT OF KARNATAKA

CIRCUIT BENCH AT DHARWAD

DATED THIS THE 25™ DAY OF NOVEMBER, 20i1-

BEFORE

THE HON'BLE MR JUSTICE K.L.MANJUNATH «

Writ Petition No.65758/20i0 (GM-KEB)

BETWEEN:

M/s. Subhash Projects ©

& Marketing Ltd., an
A company registered atider. --
The Companies.Act,. _
Represented: by itso.
Authorized repr esentative et
P.Periasami-: :
Manager- Legal:

Aged about 70. years;

Having its. Corporate: Clfice,
MFAP. Silverline: Techpark,
Plot No.180, I} Floor,

-- PIP Ik 'Phase, Whitefield,

~ Bangalore: 560066.

(By Sri.L.M.Chidanandayya, Advocate.)

me Le. Karnataka Power

Transmission Corporation Lt
A company registered under

.. Petitioner.

Ea


The Companies Act,

Represented by its Managing Director,
Cauvery Bhavan, "A" Block,
K.G.Road, Bangalore.

2. Chief Engineer (Electricity),
Transmission Zone, .
Karnataka Power Transniisei ion.
Corporation Ltd.,
Bagalkot Town, Bagalkot. Disirict:

3. Executive Engineer (Electricity),
M & W Division, . -
Karnataka Power Transmiss sion
Corporation Ltdy, 0
Belgaum Town, Belgaum. .

4, Chief Enginees '(Electricit y),°
Tending and Procurement.
Kaveri Bha: van; Bangalore,
. . Respondents.

(By fins ientie whe for R.1 to R.3.) This. writ petition is filed under Articles 226 and 227 of the Constitution of India, praying to:

"al. call for the records which ultimately ~ .resuited in' passing orders vide Annexure-A and B "dated 810.2009 and 16.12.2009 passed by the Qnd and. 3ra- respondent.

. "bi "dssue an order, direction, writ in the mature | of certiorari quashing communication Gated 8.10.2009 bearing No. BGKT/CEE/TZ/CA/ ~AO/AAO/A3/8980-82 issued by th Qnd respondent, vide Annexure-A which is produced in the writ petition declaring it as illegal and ultra "vires power conferred on the 2nd respondent.

Co

c) issue an order, direction, writ in the nature of certiorari quashing consequential Official Memorandum Annexure-B dated 16.12.2009 bearing No.BGM/EEE/AO/AAO-3346-

Sl which is produced in the writ petition. declaring it as illegal and ultra vires. © me

d) issue an order, direction, writ. in -the nature of mandamus directing the respondents to refund the liquidated damages from 'the, Running Account Bills of the petitioner;:ete.,. a This petition coming on 'for: preliminary hearing - B group. this dayy.t the Court made the following order. .

The: grievance. of the. petitioner is that, without" heariny: him, 'without giving him any opportuaity,. "the "Chief Engineer of KPTCL Bagalkot,-. as "per: Atinexure-A dated 8.10.2009,

-. divected the Executive Engineer (Ele.}, Belgaum,

-- £0 take avtion against the petitioner, to recover the penalty ) already refunded towards supply of | materials from the P.K.Contractors. Out of the clarms on hand by condoning the delay from 21.7.2008 and based on Annexure-A, the ful ~ fx Executive Engineer, KPTCL, Belgaum, has passed an order as per Official Memorandum dated 16.12.2009 and approved to recover. a-sum of %.38,98,733/- from out of the pending bi Us. of the: :

petitioner. These two orders. are. calle d in- P questi oral in this writ petition.

2. It is not.in dispute that before passing the order as per Annexure-A \ A and B, the petitioner has not been heard it in tise matter, Without giving any opportunity, unilaterally, behind the back of the petitioner, the order passed by the Chief Engineer and the Executive Engineer are liable to be set aside. "Only on this short ground Ann vexure- -A "sind .B.are hereby set aside. It is open for 'the "respondents to take action in accordance with law. Accordingly, the writ petition is disposed 7 of. | oS od/-

Jt UDGE "Mrk/-

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