LAWS(KAR)-2024-1-116

AISHWARYAGIRI CONSTRUCTIONS PVT. LTD. Vs. STATE OF KARNATAKA

Decided On January 23, 2024
Aishwaryagiri Constructions Pvt. Ltd. Appellant
V/S
STATE OF KARNATAKA Respondents

JUDGEMENT

(1.) The petitioner is before this Court calling in question order dtd. 17/10/2022 passed by the 3rd respondent/Karnataka Slum Development Board ('the Board' for short) rejecting the representations of the petitioner dtd. 6/9/2021 and 7/9/2021 and seeks a consequential direction directing the 3rd respondent to extend the time to conclude the work allotted to it in terms of three work orders dtd. 18/10/2014, 28/9/2015 and 23/8/2017.

(2.) Heard Sri D.R. Ravishankar, learned senior counsel appearing for the petitioner; Sri Spoorthy Hegde, learned High Court Government Pleader appearing for respondents 1 and 2 and Sri K. Shashikiran Shetty, learned Advocate General appearing for respondents 3 and 4.

(3.) Brief facts that lead the petitioner to this Court in the subject petition, as borne out from the pleadings are as follows: The petitioner claims to be a construction company involved in construction of dwelling houses and claims to be the recipient of tenders from the hands of the 3rd respondent/Board on several occasions. The Board enters into a contract with the petitioner on 5/3/2016 pursuant to notification issued and the petitioner emerging as the successful bidder - L1 for construction of rehabilitation of dwelling houses for the slum dwellers floated by the Board. The work orders were said to have been issued to the petitioner on two dates viz., 5/3/2016 and 23/8/2017. The petitioner did not complete the project as was necessary under the contract which led the Board on 7/3/2018 to grant extension for a period of 654 days from the date on which the plots were given to its possession. The petitioner did not complete the project even then. Another extension was granted on 13/7/2020 for a period of one year viz., 365 days. On 27/7/2021 the contract awarded to the petitioner comes to be terminated. The petitioner then submits representations for grant of six months time to complete the entire award of work. Those representations were not considered and, therefore, three writ petitions, Writ Petition No.17531 of 2021, W.P.No.17536 of 2021 and W.P.No.17534 of 2021, were preferred before this Court. This Court disposed of all the writ petitions on 6/9/2022 directing consideration of those representations. On certain clarification, review petitions were preferred which also come to be turned down as the direction had already been issued to consider those representations. The result of the direction for consideration of the representations is the impugned order dtd. 17/10/2022. It is this order that has driven the petitioner to this Court in the subject petition.