IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF APRIL 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NOS.36333-34 OF 2015 (GM-TEN) BETWEEN:
1. ADRUSHT INDUSTRIES NO.20, 2ND MAIN ROAD, SRIPURAM EXTN, SHESHADRIPURAM, BENGALURU-560 020.
REPRESENTED BY ITS PARTNER, SHIVASHARAN BIRADAR.
2. M/S MAX TRADER NO.12, 1ST MAIN ROAD, CHAKRAVATHI IYENGAR LAYOUT, SESHADRIPURAM, BENGALURU-560 020. REPRESENTED BY ITS PROPRIETOR, PRIYA S. BIRADAR.
… PETITIONERS (BY SRI. V. S. HEGDE, ADV.) AND:
1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF WOMEN AND CHILD DEVELOPMENT, VIKAS SOUDHA, BENGALURU - 560 001.
2. THE DIRECTOR WOMEN AND CHILD DEVELOPMENT, M. S. BUILDING, DR. AMBEDKAR VEEDI, BENGALURU - 560 001.
(BY SRI.VIJAY KUMAR A. PATIL, AGA) … RESPONDENTS THESE WRIT PETITIONS ARE FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R-2 TO CONSIDER THE REPRESENTATION DATED 25.7.2015 AND 27.7.2015 OF THE PETITIONERS AS PER ANNEXURES-G AND H RESPECTIVELY, AND ETC.
THESE PETITIONS COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Sri. V. S. Hegde, learned counsel for the petitioners.
Sri. Vijay Kumar A. Patil, learned Additional Government Advocate for the respondents.
In these petitions, petitioners inter alia seek for a direction to respondent No.2 to consider the representations dated 25.07.2015 and 27.07.2015 of the petitioners as per Annexures-G and H respectively.
2. When the matter was taken up today, learned Additional Government Advocate for the respondents submits that the tender in question was issued for the year 2015-16 and the same has been rendered infructuous on account of efflux of time. Therefore, nothing survives for adjudication in these writ petitions.
3. At this stage, learned counsel for the petitioners submits that the petitioners have impugned the validity of the tender conditions, which require adjudication.
4. It is well settled in law that this Court in exercise of the powers under Article 226 of the Constitution of India do not determine the document in question. Accordingly, these writ petitions are disposed of with liberty to the petitioners to raise their grievances as and when occasion so arises.
With the aforesaid liberty, these petitions are disposed of .
Sd/- JUDGE Mds/-