MANGALORE CONSTRUCTIONS COMPANY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is directed against the order dated 04.02.2013 as per Annexure-A passed by the second respondent whereby the petitioner's tender has been cancelled and Annexure-P dated 07.01.2014 whereby penalty has been imposed by respondent No.3 in respect of Annexure- A dated 04.02.2013.

(2.) Learned counsel for the petitioner has submitted that he will not press the first prayer on the ground that now they have allotted tender to other persons.

(3.) The petitioner is a Class-I PWD contractor. He was entrusted with the construction of vented dam at Mutlaje in Guttigaru village in Sullia Taluk for a sum of Rs.27,66,813.55/-. The work order was issued on 14.03.2007 with a condition that the petitioner shall take over the site and work should be completed within four months (excluding rainy season) from the date of handing over the site. The work site was handed over to the petitioner on 28.03.2007 and he commenced the work on 29.03.2007. After completion of the work order for about 30% to 40%, the petitioner raised the bill for part of the work completed in a sum of Rs.10,08,093/- as on the date of submission of bill. The 3rd respondent has not paid the entire amount claimed, but has paid a sum of Rs.9,58,093/- through cheque No.M211512 dated 13.6.2007.