IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JULY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE Writ Petition No.27117/2019 AND WRIT PETITION NO.28901/2019 (GM-RES) BETWEEN:
M/S. BHARATH TRADERS HAVING ITS REGISTERED OFFICE AT NO.4, KEMANNUGUNDI ROAD, COTTONPET CROSS, BENGALURU-560 053.
REPRESENTED BY ITS PROPRIETOR, SRI MOHAMMED SIDDIQUE SHARIFF, AGED ABOUT 66 YEARS, SON OF LATE M. A. MAJEED, RESIDING AT NO.11, WELLINGTON STREET, NEAR FRANK ANTONY SCHOOL, RICHMOND TOWN, BENGALURU-560 025.
... PETITIONER (BY SRI C SHANKAR REDDY, ADV.) AND:
1. STATE OF KARNATAKA DEPARTMENT OF HEALTH AND FAMILY WELFARE, (AYUSH), VIKASA SOUDHA, DR. AMBEDKAR VEEDHI, BENGALURU-560 001, REPRESENTED BY PRINCIPAL SECRETARY.
2. THE COMMISSIONER / DIRECTOR TENDER INVITING, SCRUTINY AND ACCEPTANCE AUTHORITY, DIRECTORATE OF AYUSH, GOVERNMENT OF KARNATAKA, DHANAVANTRI ROAD, BENGALURU-560 009.
3. THE DEPUTY DIRECTOR (PHARMACY) GOVERNMENT CENTRAL PHARMACY, GOVERNMENT OF KARNATAKA, ASHOKA PILLAR, JAYANAGAR, BENGALURU-560 011.
(BY SMT. PRATHIMA HONNAPURA, AGA) ... RESPONDENTS THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-2 AND 3 TO RELEASE AMOUNTS PAYABLE UNDER THE ADMITTED PENDING BILLS TO THE TUNE OF RS.8,46,034=00 TOGETHER WITH 18% INTEREST CALCULATED FROM THE DATE THE DUES BECAME PAYABLE IMMEDIATELY TO THE PETITIONER AS INDICATED IN THE DOCUMENTS PRODUCED AND MARKED AS ANNEXURE-H TO ANNEXURE-H-4 TO THIS WRIT PETITION WITHIN A LIMITED TIME FRAME, PREFERABLY WITH 1 MONTH AS THE MATTER IS EXTREMELY URGENT IN NATURE; AND ETC.
THESE WRIT PETITIONS COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Sri. C. Shankar Reddy, learned counsel for the petitioner.
Smt. Prathima Honnapura, learned Additional Government Advocate for the respondents.
The petitions are admitted for hearing. With the consent of learned counsel for the parties, same are heard finally.
2. In these petitions, the petitioner inter alia seeks for a direction to respondent Nos.2 and 3 to release the amounts payable under the admitted pending bills and to release the security deposit amounts.
3. When the matter was taken up today, learned counsel for the petitioner submitted that the writ petitions may be disposed of with a direction to the respondent Nos.2 and 3 to consider the representations submitted by the petitioner vide Annexures - H to H4 and Annexures - J to J4, in accordance with law.
4. On the other hand, learned Additional Government Advocate for the respondents submitted that the representations submitted by the petitioner shall be dealt with in accordance with law, if not already decided.
5. In view of the submissions made and in the facts of the case, the writ petitions are disposed of with a direction to the respondent Nos.2 and 3 to decide the claim/representations of the petitioner with regard to payment of pending bills and security deposit amount, if not already decided, in accordance with law by a speaking order within a period of six weeks from the date of receipt of certified copy of the order passed today.
6. It is made clear that this Court has not expressed any opinion on merits of the case.
Accordingly, the writ petitions are disposed of.
Sd/- JUDGE RD