Karnataka High Court
M/S Jaibhavani Constructions vs The State Of Karnataka on 18 August, 2014
Author: S.N.Satyanarayana
Bench: S.N.Satyanarayana
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IN THE HIGH COURT OF KARNATAKA
GULBARGA BENCH
DATED THIS THE 18TH DAY OF AUGUST, 2014
BEFORE
THE HON'BLE MR.JUSTICE S.N.SATYANARAYANA
WRIT PETITION NO.22072/2014 (GM-TEN)
BETWEEN
M/s.Jaibhavani Constructions
Bhalki,
Rep.by its Managing Partner,
Sri.Jagadhish C.Khandre,
Aged about 43 yrs.,
Occ: Class-1 Contractor,
R/o Gunj, Bhalki Tq.,
Bidar District 585 403. .. Petitioner
(by Sri.K.M.Ghate, Adv.)
AND
1. The State of Karnataka,
Rep.by its Principal Secretary,
Public Works Department,
Vidhana Soudha,
Bangalore 560 001.
2. The Chief Engineer,
Communication & Buildings,
North Region, Dharwad 580001.
3. The Superintending Engineer,
PWD Department,
Gulbarga Circle, Gulbarga.
4. The Executive Engineer,
PWD Division, Bidar Dist.,
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Bidar 585 403.
5. The Assistant Executive Engineer,
PWD Sub Division,
Bhalki Taluk, Bhalki Dist.
Bidar 585 403. ... Respondents
(By Sri.Manvendra Reddy, GA)
This Writ Petition is filed under Articles 226 and 227 of
the Constitution of India, praying to quash Annex.F dated
30.10.2013 vide Ann.G.
This writ petition coming on for Preliminary Hearing this
day, the Court made the following:-
ORDER
This writ petition is filed seeking quashing of Annexures-F and G. It is seen that petitioner herein was awarded contract work for development of road and bridges at Bhalki Taluk [for the year 2011-2012 under 5054 (planning)]. The said work, which is under Annexuer-F is with reference to upgradation of road between Halbarga and Bavagi at the cost of Rs.50,00,000/- Grant of similar work under Annexue-G is with reference to upgradation of road between Ramtheerthavadi and Chikalchanda and Maroor at the cost of Rs.150.00 lakhs. -3-
2. Admittedly, the contract work with reference to Halbarga and Bavagi was required to be commenced on 4.12.2012 and completed on 3.6.2013. So far as the contract work between Ramtheerthavadi and Chikalchanda and Maroor was required to be commenced on 13.8.2012 and completed on 12.5.2013. Though the work, which was awarded in favour of the petitioner was commenced on the respective dates, namely 4.12.2012 and 13.8.2012, the same was not completed within the stipulated period. The amount of work that was completed within the stipulated time was 0.56% so far as the first contract is concerned and 13.88% so far as the second contract is concerned. In that behalf, it is seen that notices were issued on 29.5.2013, 6.7.2013 and 24.7.2014 in respect of first contract and in respect of second contract notices were issued on 30.4.2013, 1.6.2013, 6.7.2013 and 23.7.2013.
3. It is seen that in spite of notices calling upon the petitioner to complete the work, nothing seems to have been done. In that view of the matter, the aforesaid two contracts were cancelled, vide Annexure-F dated 3.10.2013 the contract work between Halabarga and Bavagi from 0.00 km to 16.20 -4- kms., was cancelled and vide Annexure-G dated 10.10.2013 the contract work between Ramatheerthavadi and Chikalchanda and Maroor from 4.50 km to 11.00 kms., was cancelled. Impugning the said orders in cancelling the work contract, the petitioner has come up in this writ petition.
4. After hearing the learned Counsel for petitioner and after going through the material on record, it is clearly seen that no justifiable grounds are made out for the delay in completion of the aforesaid two contracts and the dismal performance of 0.56% in the first contract and 13.88% in the second contract. In that view of the mater, this Court feel that no grounds are made out to interfere with the impugned orders. Accordingly, this writ petition is dismissed.
In view of the dismissal of appeal, IA.2/2014 filed seeking amendment does not survive for consideration. Accordingly it is dismissed.
Sd/-
JUDGE.
nd