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2025 Supreme(Online)(Kar) 17108
KARNATAKA HIGH COURT
JYOTI MULIMANI, J
SRI. SANJEEV REDDY PEDDE – Appellant
Versus
GOVERNMENT OF KARNATAKA – Respondent
WRIT PETITION NO.200924 OF 2025
For the Appellants/Petitioners: SRI. V. K. NAYAK
For the Respondents: SRI. MALLIKARJUN SAHUKAR
Court mandated the clearance of construction bills with interest when due to incomplete payments from government entities.
Headnote:The judgment analyzes the petitioner’s claim regarding the non-clearance of bills after the completion of a construction contract valued at Rs. 1,99,98,500.29. The court observed the factual backdrop, focusing on the directive to transfer funds to clear the outstanding amount. The issues framed included the non-clearing of bills and the determination concluded with a directive for fund clearance with interest.
| Table of Content |
|---|
| 1. non-clearance of bills post-construction. (Para 2) |
| 2. arguments presented regarding financial constraints. (Para 3) |
| 3. court's directive for fund clearance. (Para 4) |
THIS WRIT PETITION IS FILED UNDER
THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, AN ORDER IS MADE AS UNDER:
ORAL ORDER Sri.V.K.Nayak., counsel for the petitioner and Sri.Mallikarjuna Sahukar., AGA for the respondents have appeared in person.
Sri.Abdul Azeem., - the Joint Director, District Industries Center, Kalaburagi, is physically present before the Court and he has been duly identified by AGA.
2. The short facts are these:
The petitioner was awarded the work to construct the first floor office building for Joint Director, District Industries Centre, Kalaburagi. The total value of contract was Rs.1,64,49,766.29/. On 20.08.2022, part payment of Rs.91,82,098/- was made to the petitioner. It is said that the Joint Director, District Industries Center, Kalaburagi for whose benefit the work has been called for, has made a request for extra work. The said request was accepted by the Executive Engineer, PWD Division, Kalaburagi pursuant to which the contract value was increased from Rs.1,64,49,766.29/- to Rs.1,99,98,500.29/-. The final work was completed on 25.05.2023, the building has been handed over with 100% check measurement to the third respondent and the petitioner submitted the final bill of Rs.1,03,08,618.29/-. The petitioner’s grievance is about non-
clearing of the bills, hence, he is before this Court.
3. Counsel for the respective parties urged several contentions. Heard the arguments and perused the Writ papers with care.
4. The issue revolves within a narrow compass and relates to non-clearing of the bills. AGA on instruction submits that the petitioner has completed the work that was assigned to him. He also submits that due to lack of funds, the bills have not been cleared by the third respondent as of today. AGA further submits that a memo has been filed furnishing the copy of the Government Order dated 04.08.2024 stating that the Government has issued a direction to the Executive Engineer, PWD Raichur to transfer a sum of Rs.100 Lakhs to Executive Engineer, PWD Kalaburagi to clear pending bills. It is not in dispute that the third respondent is yet to clear the bills of the petitioner. Hence, the third respondent is directed to secure the amount from the Executive Engineer, PWD, Raichur at the earliest and clear the bills of the petitioner i.e., Rs.1,03,08,618.29/- with interest @ 6% from 15.02.2025 within four weeks from today.
5. Resultantly, the Writ Petition is disposed of.
