Karnataka High Court
Shankaranarayana Constructions Pvt. ... vs State Of Karnataka on 2 April, 2024
-1-
NC: 2024:KHC:13419
WP No. 25359 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF APRIL, 2024
BEFORE
THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM
WRIT PETITION NO.25359 OF 2023 (GM-RES)
BETWEEN:
SHANKARANARAYANA CONSTRUCTIONS PVT. LTD.,
A COMPANY INCORPORATED UNDER THE
COMPANIES ACT, 1956
HAVING ITS REGISTERED OFFICE AT :
SNC HOUSE, 4TH FLOOR,
NO.7, RESIDENCY ROAD
(OLD NO.9, RAJARAM MOHAN ROY ROAD)
BENGALURU - 560 025
REP. BY ITS AUTHORIZED REPRESENTATIVE
MR. A.G.SUBRAMANYA,
[SENIOR GENERAL MANAGER PROJECTS]
...PETITIONER
Digitally signed (BY SRI. KALIGOTLA NITYA, ADVOCATE)
by JAI JYOTHI J
Location: HIGH
COURT OF AND:
KARNATAKA
1. STATE OF KARNATAKA
REP. BY ITS SECRETARY,
DEPARTMENT OF FINANCE,
M. S. BUILDING,
DR. AMBEDKAR ROAD,
BENGALURU - 560 001.
2. CAUVERY NEERAVARI NIGAM LTD.
REP. BY ITS MANAGING DIRECTOR,
SURFACE WATER DATE CENTRE BUILDING,
3RD AND 4TH FLOOR,
-2-
NC: 2024:KHC:13419
WP No. 25359 of 2023
ANANDA RAO CIRCLE,
BANGALORE - 560 009.
[GOVERNMENT COMPANY WHOLLY OWNED
BY STATE OF KARNATAKA]
...RESPONDENTS
(BY SMT. NAVYA SHEKAR, AGA FOR R1;
SRI. PRASHANTH B.R., ADVOCATE FOR R2)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE LETTER
ISSUED BY R2 DATED 06.04.2023 BEARING
REF.NO.CNNL/LS/1118/2022-23/145 PRODUCED AT
ANNEXURE-A AND DIRECT THE R2 TO ALLOW THE
PETITIONERS CLAIM FOR PRICE VARIATION CLAUSE AS SET
OUT IN REPRESENTATION DATED 18.03.2021 PRODUCED AT
ANNEXURE-T.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
The captioned petition is filed by the petitioner
feeling aggrieved by the order passed by respondent No.2
wherein respondent No.2 has indicated that the petitioner
is not entitled to seek revision of price in terms of Clause
44.
2. Heard the learned counsel for the
petitioner and learned counsel for the respondent.
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3. Several contentions are raised in the
captioned petition.
4. Counsel for the petitioner has apprised this
Court of its previous direction in W.P.No.17931/2021,
instructing respondent No.2 to consider the
representation. The petitioner's contention in the
captioned petition is that dehors the provision outlined in
the work contract, the petitioner is entitled to seek a
revision of the price in accordance with the Government
Order dated 21.11.2008. The petitioner's grievance is that
no opportunity was afforded to the petitioner herein prior
to the issuance of the interim order. Upon preliminary
review, it becomes evident that respondent No.2 has
proceeded to deny the petitioner the benefit of price
revision. The question whether the petitioner is entitled to
such revision or not necessitates thorough consideration
by respondent No.2.
NC: 2024:KHC:13419
5. The petitioner intends to place reliance on the
judgment rendered by the Co-ordinate bench of this Court
in W.P.No.5525/2010, asserting that the issues raised in
the representation are closely parallel to the findings of
said judgment. Specifically, the petitioner contends that he
deserves an opportunity to demonstrate entitlement to
price revision, consistent with the principles elucidated in
the aforementioned judgment. Despite strong objections
voiced by the petitioner's counsel regarding the decision-
making process of respondent No.2, this Court
preliminarily observes a notable absence of valid reasons
provided by respondent No. 2 in denial of the benefit of
the judgment rendered by this Court.
6. For the foregoing reasons, this Court is of
the view that respondent No.2 shall afford an opportunity
to the petitioner and after hearing shall pass fresh order in
accordance with law. Hence, I proceed to pass the
following
NC: 2024:KHC:13419
ORDER
i. Writ petition is allowed.
ii. The impugned letter issued by respondent
No.2 dated 06.04.2023 bearing
Ref.No.CNNL/LS/1118/2022-23/145 at
Annexure-A is quashed.
iii. The matter is remitted to respondent No.2.
iv. All the contentions are kept open.
Sd/-
JUDGE
PB
