- 1 - HC-KAR NC: 2025:KHC:23742 WP No. 30583 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 30583 OF 2024 (GM-RES) BETWEEN: 1. M/S SAMCO WATER TECHNOLOGIES REPRESENTED BY THE PROPRIETOR OF THE FIRM SRI SAMEER A NAIK AGED ABOUT 46 YEARS, HAVING ITS PLACE OF BUSINESS AT CG-4 BLOCK "C" PRABHU WISTERIA NEAR POLICE COLONY NAGAO-VERMA GOA 403 722. …PETITIONER (BY SRI. RAVIKIRAN P PAWAR., ADVOCATE) AND: 1. GOVERNMENT OF INDIA REPRESENTED BY EXECUTIVE ENGINEER CENTRAL PUBLIC WORKS DEPARTMENT NIRMAN BHAVAN, T. NARASIPURA ROAD SIDDARTHNAGAR MYSURU - 570011. …RESPONDENT (BY SRI. KUMAR M N., CGSC) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED NOTICE BY THE RESPONDENT DTD 28.10.2024, 29.10.2024 AND ON 01.11.2024 AT ANNEXURE-F, G AND H BEARING F.NO.23(3)/SE/MYS/2024-25/793, F.NO.23(15)/EE(E)/MYSURU/2024/1301 AND F.NO.23(15)KA, A(VA)MYSURU/2024/2453(E) RESPECTIVELY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by VIJAYA P Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:23742 WP No. 30583 of 2024 CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV ORAL ORDER Petitioner has sought for quashing of the notices dated 28.10.2024, 29.10.2024 and 01.11.2024 at Annexures-F, G and H respectively. 2. The co-ordinate Bench on 17.04.2025 has passed the following order: "The petitioner appears in-person. He is at the doors of this Court seeking quashment of certain orders passed, which terminates the contract of the petitioner and a consequential direction by issuance of a writ in the nature of mandamus to permit him to complete the work. Pursuant to a notification of tender, an agreement is entered into between the petitioner and the respondent by issuance of work order. The work was for construction of a sewage treatment plant. The petitioner in accordance with the work so ordered, began construction, but could not complete it within the time that is stipulated. Representations had been made by the petitioner to grant two months time to complete the work, notwithstanding the fact that the respondent had - 3 - HC-KAR NC: 2025:KHC:23742 WP No. 30583 of 2024 already granted sufficient time to complete the project. Since the request of the petitioner was turned down, the contract that was in favour of the petitioner stood terminated. The petitioner in-person submits that if two more months time is granted, he would successfully complete the work and present it before the respondent. Shri M.N. Kumar, learned counsel appearing for the respondent would oppose any such lenience shown to the petitioner, as the petitioner has breached the terms of the contract, insofar as the completion of work, within the time stipulated under the contract including extension of time, which is disputed by the petitioner, who has his reasons for not completing the work, within the time stipulated. In the light of the said submission of the petitioner, that if two months time is granted, he would complete the work and get a completion certificate issued from the hands of the respondents, as a one-off solution to one-off problem, I deem it appropriate to permit the petitioner to complete the work and produce a completion certificate issued by the respondent of - 4 - HC-KAR NC: 2025:KHC:23742 WP No. 30583 of 2024 such satisfactory completion, within two months from today. List this matter on 05.06.2025. The petitioner shall demonstrate his bonafides and the progress towards completion of the work, as he is assured before this Court." 3. It is submitted that the petitioner has completed the work on 25.06.2025. Learned counsel for the respondent has filed a memo dated 02.07.2025 annexing the copy of the completion certificate. The said memo reads as follows: "Respondent most respectfully states that, petitioner has completed work on 25.06.2025 and completion certificate has been issued by Junior Engineer (E), MCESC, CPWD, Mysore, Assistant Engineer (E), MCESC, CPWD, Mysore and Executive Engineer (E), CPWD, Mysore. A copy of the said completion certificate is annexed hereto. Wherefore, respondent most respectfully prays that this Hon'ble Court be pleased to receive this memo with a copy of the said completion - 5 - HC-KAR NC: 2025:KHC:23742 WP No. 30583 of 2024 certificate and place on record, in the interest of justice." 4. As it is submitted that the work has been completed pursuant to the order of this Court, keeping open all contentions of the parties against each other and without prejudice to their respective rights arising under the contract between them, the notices dated 28.10.2024, 29.10.2024 and 01.11.2024 at Annexures-F, G and H respectively are quashed. 5. Petitioner makes a request that in light of the work having been completed, his dues may be cleared. The request is open for consideration by respondent. 6. Accordingly, petition is disposed off. This order shall not be treated as precedent as it has been passed under the peculiar facts and circumstances of this case. Sd/- (S SUNIL DUTT YADAV) JUDGE VP