High Court Karnataka High Court

Sri N M Nerlikar vs State Of Karnataka on 26 October, 2009

Karnataka High Court
Sri N M Nerlikar vs State Of Karnataka on 26 October, 2009
Author: K.Bhakthavatsala
WP N030672/2008

IN THE HIGH COURT OF KARNATAKA

CIRCUIT BENCH AT DHARWAD

DATED Tms THE 26"' DAY OF OCTOBER, 2«9c9:'__'__*-  " 

BEFORE

THE HON'BLE DR. JUSTICE K. ?EfiARTHAvAT$A.1;A: _ 

WRIT PETITION No.3o572/2008-{GM-T§E,§1" ' I I

Between:

SRI.N.M.NE3RLIKER ,  

S/O MOHIDDEEN SA!-{EB   _ 2

AGE:55 YEARS  '  r

CLASS--I KPWD CONTRACTOR  '

RESIDING AT KEN3KE--RGA,LL1    :

NIPPANI, CHIKODITi&L_UK  _  " 
BELGAUM     _   PETITIONER

(By sri.M§he§ii'E5;V;>a;1:;{3;;,c1irI'.'.I_ . ' 
And: I I I 

1. THE STA'1"E._OF'. KAR-NATTAKA
REPR'ESENTE--D BY THE MANAGING DIRECTOR

 "KARNA'I'AKA NEERAVARI NIGAM LTD.,

. r .(_GQVT, OEKARNATAKA UNDERTAKING)
A  V 4--::--: §'LQOR,.C.OFFEEBOARD BUILDING,

' ._ "A:wiB'EU:<A'12VEEDHI,

' __BANGALQRE.

V THE STATE OF' KARNATAKA
 n REPRESENTED BY
I _ TIIE CHIEF ENGINEER (IRRIGATION),
 "NORTH, CLUB ROAD,
E BELGAUB/I~59O O01.



WP No.38672/2008

3. THE STATE OF KARNATAKA

REPRESENTED BY

THE EXECUTIVE ENGINEER,
KARNATAKA NEERAVARI NIGAM LTD.,
GRBCC DIVISION--NO.4,

CHIKKODI

BELGAUM DISTRICT.  RES2Q1§BEPiAj'S'¢_ T'

[By Smt.K.Vidyavathi, AGA for R1    '7 '  '
Sri.Shrikant J.Bhat, Adv for R3)'~.g I  A ' 

This petition is filed under "a-§ticles'v-2l26. and ofithe 2 E'

Constitution of India praying to"zdi'r.ect re's.pondentV; No.3 to
release the forfeited earnest deposit-..Vrnoney ofithe petitioner
immediately and etc., it  T' - T  it it

This petition comingori for'lpreli.rriif:'ary'_V__hearing in 'B'
group, this day, theflourt rn--ade'thle. following: "

1. ThevlpetitioneriEon_traeto_r is'i3efore this Court praying for
writ of mandamus' ltireisploiatdlent No.3 to release the forfeited

earnest rnoneytudepolsit  thefpetitioner and also to quash the

letter   on the fiie of respondent No-3 at

‘yAnne}:t:rc~_HV… -. ”

._ for the petitioner submits that the

petitioner v’\}’hc”/is a contractor entered into an agreement on

izvith respondent No.3 for construction of Niclhori

,.j.9flran’Q~}:–.”eanal in KM. 48, ?:9\:n/d 50. The petitioner was

WP No.30672/2668

granted six months’ time to complete the work. But the

petitioner was not given a site clearance for €X6Cuti011″~():.f2.t1’lCf

work. The petitioner executed the work worth .

r

The petitioner requested for extension o,{..ti_r_ne ro£”c’or}:’p1éti¢11 or

the work. The petitioner has wri;tte1i”r.letterf

respondent on 23.10.2005 requesti–ng him. to acq1iire;.v:.h¢V and

which was required for work. Thelpetitioner several
representations to respondenpt regard. The
petitioner issued alegal to the 3rd
respondent as” :::VEv2ieispo’r’iident No.3 while
passing the money deposit of
Rs.1,45,0t{3v(ii))!_i_ii’ petitioner is before this Court

seeking for Writ of rnandarnusi.

3. Signce theupetitioner’ has not completed the work as per

respondentiNo.3 has forfeited the earnest money

deposit. V is’ material on record to show that breach of

contract was to not making the site available for the

” i-:iV”V”«petitioner’.,_«Under such circumstances, respondent No.3 is

‘ «,,€)i.I”1f,it’.~(?,f’C.iT§,0 forfeit the earnest money deposit amount. I see no

if ‘i-flilegality or infirmity in the order.

WP N0.30672/2008

4. In the resuit, writ petition fails and the same is

dismissed.

Sd     " 

3111/-