IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.58188 OF 2018 (GM-TEN) BETWEEN:
D S RAGHAVENDRA S/O SRINIVASAN, AGE 45 YEARS PROPRIETOR M/S NOVELTY SECURITY SERVICES NO 2272 ADICHUNCHANAGIRI ROAD KUVEMPU NAGARA MYSORE – 570009.
(BY MR. MAHESH R UPPIN, ADV.) AND:
MYSORE CITY MUNICIPAL CORPORATION MYSURU – 670001 BY ITS COMMISSIONER.
(BY SMT GEETHADEVI M PAPANNA, ADV.) - - -
… PETITIONER … RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE TENDER NOTIFICATION DT:7.11.2018 ISSUED BY THE RESPONDENT CORPORATION MARKED AS ANNEXURE-G.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Sri.Mahesh.R.Uppin, learned counsel for the petitioner.
Sri.Geethadevi.M.Papanna, learned counsel for the respondent.
2. The writ petition is admitted for hearing.
With consent of the parties, the same is heard finally.
3. In this petition, the petitioner has prayed for the following reliefs:
i) Quash the tender notification dt:7.11.2018 bearing No.MCC/EE(D)/TN/15/18-19 issued by the respondent Corporation marked as Annexure- G” by issuing a writ in the nature of Certiorari.
ii) Issue writ in the nature of mandamus directing the respondent corporation to finalise the proceedings under the tender notification dt:9-11-2017 by opening the technical bid and by issuing work order to the successful bidder; and 4. When the matter was taken up today, learned counsel for the respondent submitted that the petitioner in pursuance of the previous tender notification dated 07.11.2018 has received the Earnest Money Deposit and therefore, nothing survives for consideration in this writ petition insofar as it pertains to the challenge of the tender notification dated 07.11.2018. However, the petitioner is at liberty to participate in the fresh tender, which is issued by the Corporation. The aforesaid submissions are taken on record. The writ petition is disposed of with a liberty to the petitioner to participate in the fresh Notice Inviting Tender.
Sd/- JUDGE SS