PRABHAKAR H.J. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner is the same in with these petitions. In W.P. Nos.11091-92/2016 the petitioner is assailing the order dated 23.12.2015 impugned at Annexure-AA to the petition. In that light, the petitioner is seeking that the letter dated 03.02.2016 at Annexure-CC invoking the bank guarantee be quashed. Further the respondents are sought to be restrained from forfeiting the EMD and security deposits relating to the contract.

(2.) In W.P. No.42646/2016, the petitioner is seeking that the tender notification dated 10.06.2016 at Annexure-K be declared as illegal and the same be quashed. A direction is also sought to respondent Nos.2 and 3 to take a decision on the representation dated 14.05.2016 at Annexure-F to the petition.

(3.) The above writ petitions are consequential on one another. The petitioner who is a Class I PWD Contractor operating in the name and style Sri. Annapoorneshwari Constructions had participated in the tender process for carrying out the water supplies to Karkucchi and ten other villages. The issue presently relates to the completion of the scheme for Belenahalli and 20 other villages of Tarikere Taluk, Chickmagalur District. The work order dated 18.06.2010 was issued in favour of the petitioner. The tender amount is Rs.5,99,47, 138.68. An agreement dated 20.09.2010 was entered into between the parties agreeing to the terms and conditions which included the completion period of nine months. Since according to the respondents the work was not completed within the time frame, a show-cause notice dated 31.12.2011 was issued. The petitioner however through his reply referred to the impediments in performing the work within the time frame as according to the petitioner the land for implementing the project was not available as the pipeline was to pass cutting across the National Highway, Railway line and also with regard to the forest area.