IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF AUGUST 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.2082/2018 (GM-TEN) BETWEEN:
M/S DURGA FACILITY MANAGEMENT SERVICES PVT. LTD.
# 317, KUNIL COMPLEX BENDOREWELL MANGALURU-575002 REP. BY ITS MANAGING DIRECTOR B.S. SHETTY AGED ABOUT 56 YEARS ... PETITIONER (BY SRI NATARAJA BALLAL, ADVOCATE) AND:
1. CHAIRMAN AIRPORT AUTHORITY OF INDIA NEW DELHI-110037 2. THE REGIONAL DIRECTOR AIRPORT AUTHORITY OF INDIA RHQ, SOUTHERN REGION CHENNAI AIRPORT CHENNAI-600027 3. AIRPORT DIRECTOR MANGALORE INTERNATIONAL AIRPORT P.O.BAJPE, D.K.DISTRICT-574142 4. DEPUTY GENERAL MANAGER (OPS) AIRPORTS AUTHORITY OF INDIA MANGALURU INTERNATIONAL AIRPORT-574142. ... RESPONDENTS (BY SRI S.R.TEJAS, ADVOCATE FOR R1 TO R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE TENDER UPLOADED ON RESPONDENTS WEBSITE ON 26.12.2017 CALLED BY R-4 VIDE ANNEXURE-Z AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Sri Nataraja Ballal, learned counsel for the petitioner. Sri S.R.Tejas, learned counsel for the respondents.
The petition is admitted for hearing. With the consent of learned counsel for the parties, the same is heard finally.
2. In this petition, the petitioner inter alia seeks for quashing the tender notice issued by respondent no.4 on 26.12.2017 and also a direction to the respondents to consider the objections dated 13.12.2016.
3. Facts giving rise to filing of the petition are briefly stated as under:
Petitioner is a private limited company which is carrying on the business of facility management services involving services like mechanized house keeping services, man power deployment etc. Respondent no.4 issued a notice on 26.12.2017 inviting e-tender for Mechanized Environmental Support Services (Up-Keeping) contract at Mangaluru International Airport for a period of three years.
4. Admittedly, during the pendency of the petition, the proceeding in pursuance of the aforesaid tender notice has been completed and the contract has been awarded in favour of one M/s. Service Master Clean Limited. In other words, the entire process is complete. It is pertinent to mention that the aforesaid tenderer to whom the contract has been awarded is neither a party nor an agreement executed in its favour is under challenge in this writ petition. Therefore, nothing survives for adjudication in this writ petition. Accordingly, the writ petition is dismissed as infructuous.
Sd/- JUDGE hkh.