SATYA CONSTRUCTIONS Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) All these petitioners are the BBMP contractors. Their common grievance is as to non-settlement of their claim for certain sums of monies payable on account of the works contracts admittedly accomplished by them after a due tender process. Learned counsel for the petitioners vehemently argues that despite issuance of Works Completion Certificates, the respondent-BBMP is withholding the amount due sans any justification and since long. He also complains that the delay in making the payment is for "obvious reasons". However, he does not make those reasons obvious leaving the same to the wild imagination of this court. He also draws attention of the court to a recent unfortunate and alleged incident of suicide of an unpaid contractor and difficulty his surviving family members have been facing. He pleads urgency and seeks expeditious disposal of these cases, that lie in a narrow compass.

(2.) After service of notice, the respondent-BBMP and its officials have entered appearance through their Panel Counsel. Yesterday, on the assurance of the said counsel of exploring the possibility of granting redressal to the grieving petitioners, these cases involving similar law and facts, came to be posted to this day. Though initially he opposed the Writ Petitions, has now filed Memos all dtd. 20/4/2022. They are signed by himself and the Addl. Commissioner of Finance (BBMP) namely Mr.Nagaraj Sheregar. They contain an undertaking to settle the claims by making payment to the petitioners after obtaining formal approvals from the concerned, in a time bound way.

(3.) All these Memos have substantially similar text and intent. It is agreed at the Bar that the undertaking incorporated therein is given not only to the petitioners but also to this court so that breach thereof would constitute contempt of this court, arguably both civil and criminal, of course subject to all just exceptions. Each of the Memos is reproduced below: