SUDHAKAR Vs. CHIEF ENGINEER

JUDGEMENT

(1.) Sri.Sharanabassappa K.Babshetty., learned counsel for the petitioner has appeared in person.

(2.) The brief facts are these: It is stated that the petitioner is a registered Class-I Contractor. The Executive Engineer, Panchayat Raj Engineering Division, Bidar, called for tender for improvement of rural roads for the year 2010-2011 package Bok-ARD-05 in Aurad Taluka of Bidar District. The petitioner accepted the tender. The tender work was for Rs.22,22,645.00 (Rupees Twenty Two Lakhs Twenty Two Thousand Six Hundred Forty Five only) with tender premium as per the estimated rate. As per the tender agreement, the petitioner completed the said tender work on 14/7/2011. The total tender amount is Rs.22,22,645.00 (Rupees Twenty Two Lakhs Twenty Two Thousand Six Hundred Forty Five only). But, the petitioner has received part payment of Rs.15,17,060.00 (Rupees Fifteen Lakhs Seventeen Thousand Sixty only) from the third respondent. The amount of Rs.6,52,106.00 (Rupees Six Lakhs Fifty Two Thousand One Hundred and Six only) is still due and the same has not been paid by the respondents. Therefore, the petitioner was constrained to file representation on 26/5/2018 requesting the Chief Engineer to pay balance amount of the tender work completed by him. Further, on 9/7/2018, the petitioner filed one more representation before the respondents through registered post requesting them to pay balance tender amount of Rs.6,52,106.00 (Rupees Six Lakhs Fifty Two Thousand One Hundred and Six only). But the same has not been considered so far. Hence, the petitioner is constrained to file the present Writ Petition under Articles 226 and 227 of the Constitution of India.

(3.) Learned counsel for the petitioner has urged several contentions.