CAV ORDER

The petitioner is before this Court calling in question Government Order dated 25-08-2023 and seeks a consequent direction to consider its representations all dated 21-11-2023 for release of funds.

2. Heard Sri Bipin Hegde, learned counsel appearing for the petitioner, Sri K.Shashikiran Shetty, learned Advocate General appearing for respondent No.1 and Sri M.R.C. Ravi, learned senior counsel appearing for respondent No.2.

3. Facts, in brief, germane, are as follows: -

3.1. The petitioner is said to be a registered partnership firm, registered as PWD Class-I Contractor and empanelled as Category-I contractor under the Krishna Bhagya Jala Nigam Niyamitha (hereinafter referred as ‘the Corporation’ for short) and is claiming to be having expertise in execution of irrigation works like construction of canals, extension, renovation and modernization of canal works and all works incidental thereto. The 2^nd respondent notifies a tender for the work of extension, renovation and modernization of distributaries from 1 to 15 and its laterals including structures of Narayanpur right bank canal system (Package-I). Pursuant to the process of assessment of tender, a letter of acceptance was issued in favour of the petitioner on 23-07-2021 and an agreement thereon comes to be executed between the petitioner firm and the Corporation. Therefore, comes the award of contract for the purpose of extension, renovation and modernization of distributaries from 1 to 18 and its laterals including structures of Narayanpur right bank canal system. The petitioner, in terms of the work order so issued, undertook the work and completed it by investing from its own funds. What remained was 2% of the work. In terms of contract, bills in the interregnum, on immediate basis, were submitted by the petitioner. Upon satisfaction of completion of work, the work completion certificate was issued by the Quality Controllers in respect of 7 bills pertaining to Package-I and . On completion of work and submission of bills, no amount was paid to the petitioner. To that effect, the petitioner submitted several representations which began on 28-06-2022 up to 21-11-2023.

3.2. In the interregnum, certain complaints were registered before the Lokayukta and Estimates Committee of the Karnataka Legislature. A Government Order then comes to be issued on 10-06-2022 appointing an Expert Committee to quantify the defects in the estimates and works undertaken in respect of distributaries. The Committee which was headed by a Secretary as its Chairman, was directed to submit a report to the Estimates Committee of the Karnataka Legislature. The order is said to have been withdrawn by Government on 4-01-2024. In the interregnum, it appears the petitioner completed remaining works. On such completion, several complaints again sprang with regard to non-completion of work and complaints before the Estimates Committee yet again. The bills, in the interregnum, were sent to the 2^nd respondent for their clearance, all of which did not result in clearance. When things stood thus, on the score that none of the bills of the petitioner were being cleared deliberately, the petitioner knocks at the doors of this Court in the subject petition.

4. This Court owing to the submissions made from time to time had directed release of certain funds on completion certificate so issued. This Court on 21-06-2024 had passed the following order:

“Learned counsel for respondent submits that 69% of amount so claimed is already paid.

Learned counsel for the petitioner taking this Court through the statement of objections filed by the respondents to contend that the amount in due even according to the respondents is totalling to Rs.536.43 crores.

Learned counsel submits that for non-payment of these bills are for wanting the submission of a quality control certificate.

Learned counsel for the respondents submits that the quality control certificate as on today has not been submitted, except the bill in R.A.No.7, which