Furtado Associates And 3 ORS v. State Of Goa, Thr. Its Chief Secretary And 3 ORS

Amrut

IN THE HIGH COURT OF BOMBAY AT GOA

WRIT PETITION NO.452 OF 2021 FURTADO ASSOCIATES AND 3 ORS.

... Petitioners

Versus

STATE OF GOA, THR. ITS CHIEF SECRETARY AND 3 ORS.

... Respondents Mr. Somnath B. Karpe and Mr. A. Sawant, Advocates for the Petitioners.

Mr. S. Priolkar, Additional Government Advocate for the Respondents.

CORAM:

PRASANNA B. VARALE & BHARAT P. DESHPANDE, JJ.

DATED:

14th SEPTEMBER 2022 P.C.:

1.

Heard the learned counsel for the Petitioners. The principal prayer in the petition reads thus:- "For writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction, directing the Respondents to effect payment towards final bill amounting to sum of 6,48,000/- and ₹ refund of security deposit i.e. sum of 7,08,000/- in ₹ favour of the Petitioner i.e. amount due and payable by Respondent to Petitioner for completing the work pursuant to Work Order No.216/WO/SD-IV/MR/1112 dated 05.09.2011 along with interest at 10% p.a. from March 2014 till realisation of said amount".

2.

Considering the nature of the prayer, this Court was not at all inclined to entertain the petition, at this stage. The learned counsel for the Petitioners submits that he would restrict this petition for a limited prayer in the nature of direction to Respondents for deciding the representations submitted by the Petitioners to the State Government.

3.

Our attention is invited to the copies of the representations placed on page 162 at Annexure - E as well as page 163 at Annexure - F. It seems that the first representation was made in the year 2018 and the second representation which was filed on 11.11.2020 was pending before the Authority of the Government namely the Executive Engineer, Works Division VI (Roads), P.W.D., Fatorda, Margao Goa.

4.

Considering the fact that the representation was submitted to Respondent No.4- Executive Engineer in the year 2020, the possibility is that the said representation may not be traced out in the office of the Executive Engineer. As such, we permit the Petitioners to submit the copy of the representation dated 11.11.2020 to Respondent No.4 within one week from today. On receipt of this copy of the representation dated 11.11.2020, Respondent No.4 to decide the same as early as possible not later

than six weeks from the date of receipt of the copy of the representation dated 11.11.2020.

5.

With these directions, the petition is disposed of. BHARAT P. DESHPANDE, J. PRASANNA B. VARALE, J. Date: 2022.09.15 14:50:34 +05'30'

TARI AMRUT NAGESH