M.CHIRANJEEVI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioner, a registered Class-I Contractor is grieving before the Writ Court against the respondent- Government and its Tourism Development Corporation for not honouring his final bills despite certification of completion of the tender work. Learned counsel appearing for the petitioner vehemently argues that there is absolutely no reason for not honouring the bills and that, in the fitness of things, "he leaves certain things to the wild imagination of the Court".

(2.) After service of notice, the respondent Government & the director of Tourism Department have entered appearance through the learned AGA. Similarly, the second respondent - Tourism Corporation is represented by its Sr. Panel Counsel. The respondents resist the writ petition contending that: disputed facts are involved and therefore, writ remedy is not suitable; matter is contractual in nature and therefore, petitioner should be relegated to civil remedy; there is an Arbitration Clause and therefore, Writ Court cannot interfere. So contending, they seek dismissal of the writ petition.

(3.) Having heard the learned counsel for the parties and having perused the petition papers, this Court is inclined to grant indulgence in the matter as under and for the following reasons: (a) Ordinarily, Writ Courts do not grant indulgence in matters involving contract and non payment of contractors' bills, more particularly when disputed facts are involved. Yet another reason is, that the aggrieved parties can work out their remedies by an ordinary civil suit or by invoking arbitration clause, if there be one. However, even in plain matters like payment of contractors bills, Courts nowadays have been observing a kind of callousness and 'come what may attitude' on the part some public functionaries. Their actions are manifestly arbitrary and absolutely unjust, to say the least. This is not a happy thing to happen. In every such case the contention of matter being contractual in nature cannot silence inner voice of the Constitution. Judges, to be judicious ought to keep themselves abreast of what is happening around.