IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.33179 OF 2019(GM-RES) Between:
M/s. Arakeshwara Enterprises, and Labour Contractor (R) Rep. by its Proprietor Sri.K.B.Narayana Aged about 49 years, B M Road, Shivapura, Madduru Town and Taluk, Mandya District-571 428.
(By Sri.Basavaiah C., Advocate) … Petitioner And:
1. The State of Karnataka, Represented by its Secretary The Department of Health and Family Welfare, (Medical Science), Bengaluru-560 001.
2. The Director, The Department of Medical Science, Anandarao Circle, Gandhinagara, Bengaluru-560 009.
3. The Deputy Commissioner, Mandya District, Mandya-571 401.
4. The Director, Mandya Institute of Medical Science, Mandya Town & Taluk, Mandya-571 401.
5. The Chief Administrative Officer, Mandya Institute of Medical Science, Mandya Town & Taluk, Mandya-571 401.
6. The Finance Adviser, Mandya Institute of Medical Science, Mandya Town & Taluk, Mandya-571 401.
…Respondents (By Sri.B.Balakrishna, AGA for R1 to R3) This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to direct the R-4 to return/repay the entire amount of deposit deposited by the petitioner at the time of called and accepted the e-Tender notification dated 24.04.2017 as per Annexure-A and Annexure-B and B1 respectively in a Total sum of Rs.24,75,000/- with interest @ the rate of 24% p.a from the date of termination of the tender period dated 28.02.2019 for the period 2017-18 as per Annexure-D for supply of Labour and other workers to the R-4 hospital.
This Writ Petition coming on for Preliminary Hearing, this day, the Court made the following:-
ORDER Sri. Basavaiah.C, learned counsel for the petitioner.
Sri.B.Balakrisna, learned Additional Government Advocate for respondent Nos.1 to 3.
Taking into account the order which this Court proposes to pass, it is not necessary to issue notice to respondent Nos.4 to 6.
2. In this petition, the petitioner inter alia seeks for a direction to respondent No.4 to return/repay the entire amount deposited by the petitioner at the time of accepting the e-Tender notification dated 24.04.2017 as per Annexures-A, B and B1 respectively in a total sum of Rs.24,75,000/- with interest @ 24% p.a from the date of termination of the tender period dated 28.02.2019 for the period 2017-18 as per Annexure-D for supply of Labour and other workers to the R-4 hospital.
3. When the matter was taken up today, learned counsel for the petitioner submitted that the writ petition be disposed of with a direction to the respondent No. 4 to consider and decide the representation submitted by the petitioner for return of the EMD deposited by him at Annexure-B1 dated 17.10.2017 in accordance with law.
4. In view of the submission made and in the facts of the case, the writ petition is disposed of with a direction to the respondent No.4 to consider and decide the representation submitted by the petitioner at Annexure-B1 in accordance with law by a speaking order within a period of one month from the date of receipt of certified copy of the order passed today.
5. It is made clear that this Court has not expressed any opinion on merits of the case.
Accordingly, the writ petition is disposed of.
Sd/- JUDGE dn/-