Microsoft Word - wp_119_2020.doc
THE HON’BLE SRI JUSTICE NINALA JAYASURYA
WRIT PETITION No.119 of 2020
ORDER: (Heard and pronounced through Blue Jeans App(virtual) mode, since
this mode is adopted on account of prevalence of COVID-19 Pandemic)
Heard the learned counsel for the petitioner and learned standing
counsel for the respondents. With their consent, the Writ Petition is
disposed of at the stage of admission.
2. The grievance of the petitioner in the present writ petition is that the
respondents are not releasing the amounts which are due and payable to
the petitioner in respect of the works executed by the petitioner awarded
by the Municipal corporation.
3. The learned counsel for petitioner submits that though the petitioner
completed the works long back and entitled for the amounts towards the
execution of works, the respondents have not released the amounts so far
and no reasons were also assigned as to why the amounts are not being
released to the petitioner despite the petitioner’s entitlement to the same.
The learned counsel further submits that number of representations have
been made to the respondents and so far nothing is heard from them and
they are maintaining a stoic silence. The learned counsel contends that the
petitioner is entitled for its legitimate dues and as a result of non payment of
the same, the petitioner is subjected to serious prejudice, hardship and
irreparable loss.
4. The learned counsel for respondents seeks time to get instructions in
the matter and file a counter affidavit.
5. Be that as it may, since it is submitted that the representations of the
petitioner are stated to be pending before the respondents since long time,
this court is of the opinion that instead of going into the merits of the writ
petition, it would be appropriate to direct the respondents to consider the
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representations of the petitioner and pass appropriate orders, so that the
petitioner would know where it stand. In view of the same, the writ petition
is disposed off with a direction that the representations made by the
petitioner shall be considered by the 2nd respondent and appropriate orders
be passed within a period of eight weeks from today and communicated to
the petitioner. The petitioner is also granted liberty to make a fresh
representation and the same shall be considered along with the earlier
representations.
6. With the above observations, the Writ Petition is disposed of. There
shall be no order as to costs of the Writ Petition.
Consequently, Miscellaneous Petitions pending, if any, in the Writ
Petition shall stand closed.
_____________________
NINALA JAYASURYA, J
10.08.2020
Sj
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THE HON’BLE SRI JUSTICE NINALA JAYASURYA
WRIT PETITION No.119 of 2020
10.08.2020
sj
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