Karnataka High Court
Basavanappa Biradar S/O:Shivaraya ... vs The Deputy Commissioner on 4 March, 2011
Author: Ajit J Gunjal
Bench: Ajit J Gunjal
mo _ (BY SRI MANVENDRA REDDY, AGA FOR Ri IN THE HIGH COURT OF KARNATAKA CIRCULT BENCH AT GULBARGA DATED THIS THE 4" DAY OF MARCH, 2011 BEFORE THE HON'BLE MR. JUSTICE ATIT I GNI AL : WRIT PETITION NO. £2056/ /2008(6H. TEN) BETWEEN: Me aa SRI BASAVANAPPA BIRADAR | mo S/O SHIVARAYA BIRADAR," . AGED ABOUT 44 YEARS. OCC: CLASS T PWD CONT PACTOR, C/O KALYAN.RAG.PATIL, PLOT # 1, SHIVANAGAR. (SOUTH), BHAVANI COLONY, (BIDAR. | ...PETITIONER (BY SRI JAYANANDAYYA, ADV. , FOR S.S.N, ASSOCIAT ES) 8S THE DEPUTY COMMISSIONER, oe GULBARGA DISTRICT, GULBARGA ~ 585 102. 2. THE CHIEF OFFICER, "TOWN PANCHAYATH, » CHINCHOLI, DIST: GULBARGA. _ RESPONDENTS
R2 SERVED) ih THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING @ JASH THE IMPUGNED ORDER PASSED BY THE 15° RESPONDENT ORDER DATED 31.01.2009 VIDE ANN-L. THIS WRIT PETITION IS. COMING ON FOR. PRL. HEARING 'B' GROUP THIS: DAY, THE COURT MADE THE » FOLLOWING:- | Pursuant to the tender "tied on, the petitioner was entrusted 2d with the work of construction of BT Road with Road Devider from Dr.Ambedkar Circle to Padma College. suffice 'it to say that the said work order was revoked on. 31.1.2009. Aggrieved by the oe same, the petitioner is before this Court. 2, Apparently, it is noticed that revocation of the ~ contract is on 31.4.2009 i.e., the delay of more than | SS two.years. It is too late in the day for this Court to ° - entertain this writ petition with reference to the Ht.
eat principles of natural justice, inasmuch as before revoking the contract, the petitioner was not. hear But, however, a contention is raised before me by the 6 learned counsel for the ~ petitic oner "that: a representation is given to the respondents for payment of the amount for the work done. by the petitioner and the said representation iS pending consideration.
3. Hence, let 3 suri of mandamus be issued to the res pondents £O consider the claim of the petitioner for payment of outstan ding amount due to him, if any. If no representation is given, it is open for the stitioner to ° give fresh representation. On such rep) resentat on being given, respondents 1 and 2? shail de cide. the same within a time limit of six months
- from the date of giving of a fresh representation Petition stands disposed of accordingly. ae Mr.Manvendra Reddy, learned AGA is permitted to file memo of appearance within four WEEKS. *ek /-