IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF APRIL 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.48535 OF 2014 (GM-RES) BETWEEN:
1. CHAMARAJANAGARA LOKOOPAYOGI, ILAKE GUTHIGEDARARA SANGHA, PWD OFFICE BUILDING, CHAMARAJANAGAR, TALUK AND DISTRICT – 571 313, BY ITS SECRETARY K.MAHADEVAPPA, S/O KALAPPA, AGED ABOUT 51 YEARS.
2. K.M.MAHADEVASWAMY, S/O K.M.MARISWAMY, AGED ABOUT 48 YEARS, PWD COONTRACTOR, KEMPANAPURA, CHAMARAJANAGAR TALUK AND DISTRICT – 571 313.
3. Y.P.RAJENDRA PRASAD, S/O Y.M.PUTTAMALLAPPA, AGED ABOUT 46 YEARS, PWD CONTRACTOR, R/A YENAGUMBA VILLAGE, CHAMARAJANAGR TALUK AND DIST – 571 313.
… PETITIONERS (BY MR.S.ANIL KUMAR ADV. FOR PET. ABSENT) AND:
1. THE STATE OF KARNATAKA, BY ITS PRINCIPAL SECRETARY, PWD, M.S.BUILDING, DR.AMBEDKAR VEEDHI, BANGALORE – 560001.
2. THE CHIEF ENGINEER, PUBLIC WORKS DEPARTMENT, ANAND RAO CIRCLE, BANGALORE – 56009.
3. THE SUPERINTENDENT ENGINEER, PWD, CHAMARAJANAGAR DIVISION, CHAMARAJANAGAR TALUK AND DIST – 571 313.
… RESPONDENTS (BY MR.Y.D.HARSHA, AGA FOR R1 TO R3) - - -
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE GOVERNMENT ORDER DATED 14.10.2008 VIDE ANN-C AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER None for the petitioner when the matter is taken up at 5.00 p.m.
Mr.Y.D.Harsha, learned Additional Government Advocate for respondent Nos.1 to 3.
2. In this petition, the petitioner has prayed for the following reliefs:
(a) Issue a writ of certiorari or any other writ, order or direction as the case may be order or direction as he case may be to quash the Government Order in NO.FD 4PCL 2008, Bangalore dated 14.10.2008 under Annexure-C.
(b) Direct the respondents not to insist as pre-qualification or condition precedent.
(i) work experience as mandatory satisfactory completion as a prime contractor for atleast on e similar work to the extent of 50% of the cost of the work of awarded conract.
(ii) as qualification for each contract tenderer in his name should have in the last 5 years, in at least two financial an average turnover not less than the estimated costs.
(iii) the contractor/tenderer to demonstrate the availability of owning at least 50% of the required/specified key and critical equipment as condition precedent as per “Standard Tendered Documents” prescribed for contract value of less than Rs.500/- lakhs (5 crores) and allow the contractors to participate and bid in such tender contracts on the basis of their capabilities and resources to implement the contract.
(c) Grant such other relief/reliefs as this Hon’ble Court deems fit to grant in the circumstances of case including awarding of the costs of this writ petition.
3. From perusal of the record, it is evident that the petitioner has assailed the validity of the order dated 25.10.2008, by which various clauses in the Standard Tender Document in modification of its earlier order dated 06.08.2005 were prescribed. This writ petition is pending before this Court since, 2014 in which no interim order has been granted. Prima facie it appears that nothing survives for adjudication in this writ petition. Accordingly, the same is dismissed as having become infructuous.
Sd/- JUDGE SS