1 BETWEEN : -------------- IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 7 TH DAY OF FEBRUARY, 2013 BEFORE THE HON BLE MR. JUSTICE H.N. NAGAMOHAN DAS WRIT PETITION No. 25140/2012 (GM-KEB) M/S. PRECISION ENGINEERING ENTERPRISES (REGD. SMALL SCALE UNIT) No. 20 CHIKKABETTAHALLI (BUS STOP) VIDYARANYAPURAM POST BANGALORE 560 097 REP. BY ITS PROPRIETOR M V VIJAYAN S/O. LATE M N VELAYUDHAN AGED ABOUT 57 YEARS. PETITIONER (By Sri. D R RAJASHEKARAPPA, ADV.) AND : ------- 1. THE MANAGING DIRECTOR BESCOM, K R CIRCLE 2. THE SUPERINTENDING ENGINEER (C, O & M)
2 BANGALORE RURAL CIRCLE OPP. RBI, NRUPATHUNGA ROAD 3. THE SUPERINTENDING ENGINEER (ELECT) BESCOM BANGALORE NORTH CIRCLE C, O & M, OPP. RBI NRUPATHUNGA ROAD 4. THE SUPERINTENDING ENGINEER (ELECT) BESCOM BANGALORE SOUTH CIRCLE C, O & M, OPP. RBI NRUPATHUNGA ROAD 5. THE SUPERINTENDING ENGINEER (ELECT) BESCOM C, O & M, OPP. RBI TUMKUR CIRCLE TUMKUR. 6. THE EXECUTIVE ENGINEER NELAMANGALA DIVISION, NELAMANGALA TOWN, BANGALORE RURAL DISTRCIT. 7. THE EXECUTIVE ENGINEER RAMANAGARAM DIVISION, RAMANAGARAM TOWN,
3 8. THE EXECUTIVE ENGINEER BANGALORE ADDITIONAL RURAL DIVISION (NORTH), No.99, 1 ST FLOOR, HIG A SECTOR, YELAHANKA NEW TOWN, BANGALORE 560 106. 9. THE EXECUTIVE ENGINEER CHANDAPURA DIVISION CHANDAPURA, ANEKAL TALUK BANGALORE DISTRICT. 10. THE EXECUTIVE ENGINEER HEBBAL DIVISION, UAS CAMPUS, BANGALORE 560 024. 11. THE EXECUTIVE ENGINEER INDIRANAGAR DIVISION, INDIRANAGAR, BANGALORE 560 038. 12. THE EXECUTIVE ENGINEER SHIVAJINAGAR DIVISION, LAZAR ROAD, FRAZER TOWN, BANGALORE. 13. THE EXECUTIVE ENGINEER TUMKUR DIVISION, TUMKUR TOWN.
4 14. THE EXECUTIVE ENGINEER MADHUGIRI DIVISION, MADHUGIRI TOWN TUMKUR DISTRICT. 15. THE ASSISTANT EXECUTIVE MAGADI SUB DIVISION MAGADI TOWN, 16. THE ASSISTANT EXECUTIVE DODDABALLAPURA SUB DIVISION DODDABALLAPURA TOWN BANGALORE RURAL DISTRICT. 17. THE ASSISTANT EXECUTIVE KUDUR SUB DIVISION KUDUR, NELAMANGALA TALUK BANGALORE DISTRICT. 18. THE ASSISTANT EXECUTIVE NELAMANGALA SUB DIVISION, NELAMANGALA TOWN, BANGALORE RURAL DISTRCIT. 19. THE ASSISTANT EXECUTIVE RAMANAGARAM SUB DIVISION, RAMANAGARAM TOWN,
5 20. THE ASSISTANT EXECUTIVE CHANNAPATNA SUB DIVISION, CHANNAPATNA TOWN 571 501 21. THE ASSISTANT EXECUTIVE KANAKAPURA SUB DIVISION, KANAKAPURA TOWN 22. THE ASSISTANT EXECUTIVE DEVANAHALLI SUB DIVISION DEVANAHALLI TOWN BANGALORE RURAL DISTRICT. 23. THE ASSISTANT EXECUTIVE CHANDAPURA SUB DIVISION CHANDAPURA, ANEKAL TALUK BANGALORE DISTRICT. 24. THE ASSISTANT EXECUTIVE C-4 SUB DIVISION, GANGANAGAR, BANGALORE 560 032. 25. THE ASSISTANT EXECUTIVE C-5, SUB DIVISION, KAVAL BYRASANDRA BANGALORE 560 032.
6 26. THE ASSISTANT EXECUTIVE E-3, SUB DIVISION B-STATION, M.G.ROAD, 27. THE ASSISTANT EXECUTIVE E-7 SUB DIVISION DOORVANINAGAR POST BANGALORE 560 016. 28. THE ASSISTANT EXECUTIVE E-1 SUB DIVISION PILLANNA GARDEN BANGALORE 560 045. 29. THE ASSISTANT EXECUTIVE E-2, SUB DIVISION, QUEENS ROAD, BANGALORE 560 052. 30. THE ASSISTANT EXECUTIVE E-5 SUB DIVISION LAZAR ROAD, FRAZER TOWN BANGALORE 560 005. 31. THE ASSISTANT EXECUTIVE E-8 SUB DIVISION BANASAWADI BANGALORE 560 043.
7 32. THE ASSISTANT EXECUTIVE TUMKUR SUB DIVISION TUMKUR TOWN. 33. THE ASSISTANT EXECUTIVE SIRA SUB DIVISION SIRA TOWN, TUMKUR DISTRICT. 34. THE ASSISTANT EXECUTIVE PAVAGADA SUB DIVISION PAVAGADA TOWN TUMKUR DISTRICT. RESPONDENTS (By Sri.G. KRISHNA MURTHY, ADV., FOR R1, 3, 10 & R16 Sri R.SRIDHAR HIREMATH, ADV., FOR R24) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA WITH A PRAYER TO DIRECT THE RESPONDENTS TO ISSUE WORK ORDERS AND WORK AWARDS TO THE PETITIONER RELATING TO THE REPAIRWORK CARRIED OUT BY HIM IN RESPECT OF EACH OF THE FAULTY DISTRIBUTION TRANSFORMERS AND ETC. THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING B GROUP THIS DAY, THE COURT PASSED THE FOLLOWING; ---
8 O R D E R Petitioner is a small scale industrial unit. The petitioner attended the minor repair works entrusted to it by the respondents. Towards the work done the respondents are required to issue work orders and work awards to the petitioner. On the basis of the work orders and work awards the petitioner will raise the bills. By considering the genuineness of the bills the respondents will make payment. There is no dispute between the parties with regard to the this arrangement of work between the petitioner and respondents. The grievance of the petitioner is that for the years 2004-05 to 2009-10 the respondents have not issued work orders and work awards in respect of certain works done by the petitioner. Despite repeated requests, representations and also lawyer s notice as per Annexure L dated 04.05.2012 respondents have not reacted. Having no other alternative the petitioner is before this Court. 2. Learned counsel for the respondents submit that petitioner has not furnished the details of the works carried on by them and the
9 amount that they are entitled to. Learned counsel for the petitioner submits that every work done by the petitioner is recorded by the concerned Assistant Engineer of the respondent organization. Be that as it may, some details are furnished in the lawyer s notice at Annexure L. Liberty is reserved to the petitioner to furnish further details to the respondents. The respondents to consider the claim of petitioners with reference to the records maintained by the Assistant Executive Engineers. In the circumstances the writ petition is hereby disposed off directing the respondents to consider the claim of petitioner as per Annexure L and other representations within a time frame of four weeks from the date of receipt of copy of this order. Ordered accordingly. LRS. Sd/- JUDGE.