IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 01ST DAY OF APRIL 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NOs.11589-90 OF 2017 (GM-TEN) BETWEEN:
IN AND OUT ADVERTISING PRIVATE LIMITED A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956 HAVING ITS BANGALORE OFFICE AT NO. 107-E, 1ST FLOOR, SUNRISE CHAMBERS, ULSOOR ROAD, BANGALORE 560042.
(REPRESENTED BY ITS MANAGING DIRECTOR MR. A V GOPAL KRISHAN) (By MR. SHANKARANARAYANA RAO B V, ADV.) AND:
1. THE DIVISIONAL CONTROLLER (TENDER INVITING AUTHORITY), BANGALORE METROPOLITAN TRANSPORT CORPORTION, TRAFFIC COMMERCIAL DEPARTMENT, DIVISION OFFICES, CENTRAL DIVISION, SUBASH NAGAR, BANGALORE 09.
2. THE COMMISSIONER BRUHAT BANGALORE MAHANAGARA PALIKE, N.R. SQUARE, … PETITIONER BANGALORE 560002. … RESPONDENTS (By MR. HARISH BHANDARY, ADV. FOR R-1 MR. KEMPANNA, ADV. FOR R-2) - - -
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DECLARE THAT THE CONDITION NO.5 (e) (d) OF THE TERMS AND CONDITIONS ATTACHED TO TENDER NOTIFICATION DTD.18.2.2017 VIDE ANNEX-E & F IN SO FAR AS IT RELATES TO A REQUIREMENT REGARDING UPLOADING OF THE BBMP ADVERTISEMENT LICENCE, AS UNFAIR, UNREASONABLE, ARBITRARY AND RESTRICTIVE OF HEALTHY COMPETITION AND ETC.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Sri.Shankaranarayana Rao B.V., learned counsel for the petitioner.
Sri.Hareesh Bhandary, learned counsel for the respondent No.1.
Sri.Kempanna, learned counsel for the respondent No.2.
2. The petitions are admitted for hearing. With consent of the learned counsel for the parties, the same are heard finally.
3. In these petitions, the petitioner inter alia seeks for a direction to the declare that the condition No.5(e) (d) of the terms and conditions attached to tender notification dated 18.2.2017 vide Annexures-E and F in so far as it relates to a requirement regarding uploading of the BBMP advertisement licence, as unfair, unreasonable, arbitrary and restrictive of healthy competition.
4. When the matter was taken up today, learned counsel for the respondent No.1 submits that on account of subsequent events, the writ petition has rendered infructuous as new bye laws are pending consideration before the Government for approval.
5. In view of the aforesaid submissions, the petitions are disposed of with liberty to the petitioner to take recourse to such remedy as may be available to them under the law.
Sd/- JUDGE RV