IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 05TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.13558 OF 2019 (GM-TENDER) BETWEEN:
CHINTAMANI TALUK SC/ST AND BCM (A) WOMEN MULTIPURPOSE CO-OPERATIVE SOCIETY LTD., BEERJENAHALLI, CHINTAMANI TALUK CHIKKABALLAPURA DISTRICT – 563 125 REPRESENTED BY ITS SECRETARY SMT T. GAYITHRAMMA ... PETITIONER (BY SRI PRAKASH T. HEBBAR, ADVOCATE) AND:
1. STATE OF KARNATAKA SOCIAL WELFARE DEPARTMENT VIKASA SOUDHA DR. AMBEDKAR ROAD BENGALURU – 560 001 REP. BY THE ADDL. CHIEF SECRETARY 2. THE DEPUTY COMMISSIONER CHIKKABALLAPURA DISTRICT CHIKKABALLAPURA TOWN – 562 101 3. THE CHIEF EXECUTIVE OFFICER ZILLA PANCHAYAT CHIKKABALLAPURA DISTRICT CHIKKABALLAPURA TOWN – 562 101 4. THE DEPUTY DIRECTOR FOOD AND CIVIL SUPPLIES DEPARTMENT CHIKKABALLAPURA DISTRICT CHIKKABALLAPURA TOWN – 562 101 5. THE CHIEF ACCOUNTS OFFICER CHIKKABALLAPURA DISTRICT CHIKKABALLAPURA TOWN – 562 101 6. THE BACKWARD CLASSES WELFARE OFFICER/PROJECT COORDINATOR I.T.D.P.
CHIKKABALLAPURA DISTRICT CHIKKABALLAPURA TOWN – 562 101 7. THE DEPUTY COMMISSIONER BACKWARD CLASSES WELFARE DEPARTMENT CHIKKABALLAPURA DISTRICT CHIKKABALLAPURA TOWN – 562 101 ... RESPONDENTS (BY SRI VIJAY KUMAR A. PATIL, AGA FOR R1, R2, R4 & R6;
NOTICE NOT ORDERED IN R/O R7) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER/NOTIFICATION FOR 2019-20 PASSED BY THE RESPONDENT NO.2 – DEPUTY COMMISSIONER AS PER ANNEXURE-‘A’ AND ETC., THIS WRIT PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Sri.Prakash T.Hebbar, learned counsel for the petitioner.
Sri.Vijay Kumar A.Patil, learned Additional Government Advocate for respondents.
2. This petition is admitted for hearing. With the consent of the learned counsel for the parties, the same is heard finally.
3. In this petition, the petitioner inter alia seeks for a writ of certiorari for quashing of tender notification issued by Respondent No.2, viz., the Deputy Commissioner, Chikkaballapura.
4. When the matter was taken up today, learned counsel for the petitioner submitted that a work order was issued in favour of the petitioner on 05.06.2018 and by virtue of the aforesaid work order, petitioner’s contract is still in existence. However, respondent issued a fresh tender.
5. On the other hand, Mr.Vijay Kumar A.Patil, learned Additional Govt. Advocate submitted that the petitioner shall be allowed to comply the contract under the work order dated 05.06.2018 and thereafter, the contract shall be awarded to the successful tenderer in response to the notice.
6. In view of the aforesaid submission, the Writ Petition is disposed of with the direction that the petitioner shall be allowed to comply the contract under the work order dated 05.06.2018 and thereafter, respondents may take a decision to award contract to the successful tenderer in pursuance of the tender notification.
With the aforesaid direction, the petition is disposed of.
Sd/- JUDGE BNV