P.K.Shivaram Since Deceased By His L.Rs. Smt.M.S.Vijaya vs. State Of Karnataka

The petitioners are before this Court seeking for the following reliefs: (a) CALL for the records which resulted in not implementing Government Order dated 26.11.2021 in No.MID/291/MISU/2021 vide Annexure-K and Supplementary Agreement dated 08.08.2023 vide Annexure-L in No. 101/23/24; (b) ISSUE an order, direction or writ in nature of MANDAMUS directing the Respondents to pay a sum of Rs.48,68,303/- together with interest at rate of 18% plus applicable GST in terms of Government order 26.11.2021 in No.MID/291/MISU/2021 vide Annexure-K and Supplementary Agreement 08.08.2023 vide Annexure-L in No. 101/2023-24; (c) ISSUE any other appropriate writ, order or directions as this Hon'ble Court deems fit under the facts and circumstances of case, in the interest of justice.

The Petitioner claims to be a successful tenderer in pursuance of the tender notification dated 06.03.2006. Letter of acceptance having been issued, an agreement was entered into on 17.06.2006, the Petitioner claims to have completed the work in terms of the said agreement and raised his bills. Despite which the payments not having been made, the Petitioner had submitted a HC-KAR NC: 2026:KHC:28511 representation by way of legal notice on 28.08.2014 at Annexure-H, in pursuance of which it is claimed that there is a government order which has been passed on 26.11.2021. 3. His submission is that despite the representation submitted and government orders, payments have not been made only a supplementary agreement has been entered into on 08.08.2023. It is in that background that learned counsel for the Petitioners submits that the Petitioners are before this Court.

Whenever any work is claimed to have been completed by contractor and bills are raised, it is but required for the said bills to be considered and processed by the appropriate Authority in terms of the applicable document, namely the tender document, agreement, work order etc.

In the present case, the payment not having been made, the Petitioner had issued representation by legal notice, which is also not been considered. HC-KAR NC: 2026:KHC:28511

In that background, this Court passes the following: ORDER i) Writ petition is allowed. ii) The respondents are directed to consider the legal representation of the Petitioner vide legal notice dated 28.08.2014. The subsequent Government order dated 26.11.2021 and the supplement agreement dated 08.08.2023 and pass necessary orders in terms of the applicable documents and applicable law within period of eight (8) weeks from the date of receipt of a copy of this order. iii) It is made clear that this Court has not expressed any opinion on the entitlement of the petitioner. (SURAJ GOVINDARAJ) JUDGE