Karnataka High Court
M/S Precision Engineering Enterprises vs The Managing Director on 7 February, 2013
Author: H N Nagamohan Das
Bench: H.N. Nagamohan Das
1
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 7TH DAY OF FEBRUARY, 2013
BEFORE
THE HON'BLE MR. JUSTICE H.N. NAGAMOHAN DAS
WRIT PETITION No. 25140/2012 (GM-KEB)
BETWEEN :
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M/S. PRECISION ENGINEERING
ENTERPRISES (REGD. SMALL
SCALE UNIT) No. 20
CHIKKABETTAHALLI (BUS STOP)
VIDYARANYAPURAM POST
BANGALORE - 560 097
REP. BY ITS PROPRIETOR
M V VIJAYAN
S/O. LATE M N VELAYUDHAN
AGED ABOUT 57 YEARS. ... PETITIONER
(By Sri. D R RAJASHEKARAPPA, ADV.)
AND :
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1. THE MANAGING DIRECTOR
BESCOM, K R CIRCLE
BANGALORE - 560 001.
2. THE SUPERINTENDING ENGINEER
(ELECT) BESCOM, (C, O & M)
2
BANGALORE RURAL CIRCLE
OPP. RBI, NRUPATHUNGA ROAD
BANGALORE - 560 001.
3. THE SUPERINTENDING ENGINEER
(ELECT) BESCOM
BANGALORE NORTH CIRCLE
C, O & M, OPP. RBI
NRUPATHUNGA ROAD
BANGALORE - 560 001.
4. THE SUPERINTENDING ENGINEER
(ELECT) BESCOM
BANGALORE SOUTH CIRCLE
C, O & M, OPP. RBI
NRUPATHUNGA ROAD
BANGALORE - 560 001.
5. THE SUPERINTENDING ENGINEER
(ELECT) BESCOM
C, O & M, OPP. RBI
TUMKUR CIRCLE
TUMKUR.
6. THE EXECUTIVE ENGINEER
(ELECT) BESCOM,
NELAMANGALA DIVISION,
NELAMANGALA TOWN,
BANGALORE RURAL DISTRCIT.
7. THE EXECUTIVE ENGINEER
(ELECT) BESCOM,
RAMANAGARAM DIVISION,
RAMANAGARAM TOWN,
RAMANAGARAM DISTRICT.
3
8. THE EXECUTIVE ENGINEER
(ELECT) BESCOM,
BANGALORE ADDITIONAL RURAL
DIVISION (NORTH), No.99, 1ST FLOOR,
HIG A - SECTOR, YELAHANKA NEW
TOWN, BANGALORE - 560 106.
9. THE EXECUTIVE ENGINEER
(ELECT) BESCOM,
CHANDAPURA DIVISION
CHANDAPURA, ANEKAL TALUK
BANGALORE DISTRICT.
10. THE EXECUTIVE ENGINEER
(ELECT) BESCOM,
HEBBAL DIVISION,
UAS CAMPUS,
BANGALORE - 560 024.
11. THE EXECUTIVE ENGINEER
(ELECT) BESCOM,
INDIRANAGAR DIVISION,
INDIRANAGAR,
BANGALORE - 560 038.
12. THE EXECUTIVE ENGINEER
(ELECT) BESCOM,
SHIVAJINAGAR DIVISION,
LAZAR ROAD, FRAZER TOWN,
BANGALORE.
13. THE EXECUTIVE ENGINEER
(ELECT) BESCOM,
TUMKUR DIVISION,
TUMKUR TOWN.
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14. THE EXECUTIVE ENGINEER
(ELECT) BESCOM,
MADHUGIRI DIVISION,
MADHUGIRI TOWN
TUMKUR DISTRICT.
15. THE ASSISTANT EXECUTIVE
ENGINEER (ELECT) BESCOM,
MAGADI SUB DIVISION
MAGADI TOWN,
RAMANAGARAM DISTRICT.
16. THE ASSISTANT EXECUTIVE
ENGINEER (ELECT) BESCOM,
DODDABALLAPURA SUB DIVISION
DODDABALLAPURA TOWN
BANGALORE RURAL DISTRICT.
17. THE ASSISTANT EXECUTIVE
ENGINEER (ELECT) BESCOM,
KUDUR SUB DIVISION
KUDUR, NELAMANGALA TALUK
BANGALORE DISTRICT.
18. THE ASSISTANT EXECUTIVE
ENGINEER (ELECT) BESCOM,
NELAMANGALA SUB DIVISION,
NELAMANGALA TOWN,
BANGALORE RURAL DISTRCIT.
19. THE ASSISTANT EXECUTIVE
ENGINEER (ELECT) BESCOM,
RAMANAGARAM SUB DIVISION,
RAMANAGARAM TOWN,
RAMANAGARAM DISTRICT.
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20. THE ASSISTANT EXECUTIVE
ENGINEER (ELECT) BESCOM,
CHANNAPATNA SUB DIVISION,
CHANNAPATNA TOWN - 571 501
RAMANAGARAM DISTRICT.
21. THE ASSISTANT EXECUTIVE
ENGINEER (ELECT) BESCOM,
KANAKAPURA SUB DIVISION,
KANAKAPURA TOWN
RAMANAGARAM DISTRICT.
22. THE ASSISTANT EXECUTIVE
ENGINEER (ELECT) BESCOM,
DEVANAHALLI SUB DIVISION
DEVANAHALLI TOWN
BANGALORE RURAL DISTRICT.
23. THE ASSISTANT EXECUTIVE
ENGINEER (ELECT) BESCOM,
CHANDAPURA SUB DIVISION
CHANDAPURA, ANEKAL TALUK
BANGALORE DISTRICT.
24. THE ASSISTANT EXECUTIVE
ENGINEER (ELECT) BESCOM,
C-4 SUB DIVISION,
GANGANAGAR,
BANGALORE - 560 032.
25. THE ASSISTANT EXECUTIVE
ENGINEER (ELECT) BESCOM,
C-5, SUB DIVISION,
KAVAL BYRASANDRA
BANGALORE - 560 032.
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26. THE ASSISTANT EXECUTIVE
ENGINEER (ELECT) BESCOM,
E-3, SUB DIVISION
B-STATION, M.G.ROAD,
BANGALORE - 560 001.
27. THE ASSISTANT EXECUTIVE
ENGINEER (ELECT) BESCOM,
E-7 SUB DIVISION
DOORVANINAGAR POST
BANGALORE - 560 016.
28. THE ASSISTANT EXECUTIVE
ENGINEER (ELECT) BESCOM,
E-1 SUB DIVISION
PILLANNA GARDEN
BANGALORE - 560 045.
29. THE ASSISTANT EXECUTIVE
ENGINEER (ELECT) BESCOM,
E-2, SUB DIVISION, QUEENS
ROAD, BANGALORE - 560 052.
30. THE ASSISTANT EXECUTIVE
ENGINEER (ELECT) BESCOM,
E-5 SUB DIVISION
LAZAR ROAD, FRAZER TOWN
BANGALORE - 560 005.
31. THE ASSISTANT EXECUTIVE
ENGINEER (ELECT) BESCOM,
E-8 SUB DIVISION
BANASAWADI
BANGALORE - 560 043.
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32. THE ASSISTANT EXECUTIVE
ENGINEER (ELECT) BESCOM,
TUMKUR SUB DIVISION
TUMKUR TOWN.
33. THE ASSISTANT EXECUTIVE
ENGINEER (ELECT) BESCOM,
SIRA SUB DIVISION
SIRA TOWN, TUMKUR DISTRICT.
34. THE ASSISTANT EXECUTIVE
ENGINEER (ELECT) BESCOM,
PAVAGADA SUB DIVISION
PAVAGADA TOWN
TUMKUR DISTRICT. ... RESPONDENTS
(By Sri.G. KRISHNA MURTHY, ADV., FOR R1, 3, 10 & R16
Sri R.SRIDHAR HIREMATH, ADV., FOR R24)
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THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA WITH A
PRAYER TO DIRECT THE RESPONDENTS TO ISSUE WORK
ORDERS AND WORK AWARDS TO THE PETITIONER
RELATING TO THE REPAIRWORK CARRIED OUT BY HIM
IN RESPECT OF EACH OF THE FAULTY DISTRIBUTION
TRANSFORMERS AND ETC.
THIS WRIT PETITION COMING ON FOR
PRELIMINARY HEARING - 'B' GROUP THIS DAY, THE
COURT PASSED THE FOLLOWING;
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ORDER
Petitioner is a small scale industrial unit. The petitioner attended the minor repair works entrusted to it by the respondents. Towards the work done the respondents are required to issue work orders and work awards to the petitioner. On the basis of the work orders and work awards the petitioner will raise the bills. By considering the genuineness of the bills the respondents will make payment. There is no dispute between the parties with regard to the this arrangement of work between the petitioner and respondents. The grievance of the petitioner is that for the years 2004-05 to 2009- 10 the respondents have not issued work orders and work awards in respect of certain works done by the petitioner. Despite repeated requests, representations and also lawyer's notice as per Annexure L dated 04.05.2012 respondents have not reacted. Having no other alternative the petitioner is before this Court.
2. Learned counsel for the respondents submit that petitioner has not furnished the details of the works carried on by them and the 9 amount that they are entitled to. Learned counsel for the petitioner submits that every work done by the petitioner is recorded by the concerned Assistant Engineer of the respondent organization. Be that as it may, some details are furnished in the lawyer's notice at Annexure L. Liberty is reserved to the petitioner to furnish further details to the respondents. The respondents to consider the claim of petitioners with reference to the records maintained by the Assistant Executive Engineers. In the circumstances the writ petition is hereby disposed off directing the respondents to consider the claim of petitioner as per Annexure L and other representations within a time frame of four weeks from the date of receipt of copy of this order. Ordered accordingly.
Sd/-
JUDGE.
LRS.