IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE WRIT PETITION NO.19387 OF 2016 (GM - TEN) BETWEEN:
E.SUBRAMANYA BHAT, AGED ABOUT 45 YEARS, S/O E.CHANDRA SHEKARA BHAT, MANAGING PARTNER, M/S. SHREE ASSOCIATES, DOOR NO.V-422/1, PUTTUR CENTRE, NEAR COURT MAIDAN, PUTTUR, MANGALORE DISTRICT – 574 201.
(BY SRI. K.M.MANOHAR, ADVOCATE FOR …PETITIONER SRI. KRISHNAMOORTHY D., ADVOCATE) AND:
1. DEPARTMENT OF TELECOMMUNICATIONS, GOVERNMENT OF INDIA, REPRESENTED BY ITS SECRETARY, NEW DELHI – 110 001.
2. THE CHIEF GENERAL MANAGER, TELECOMMUNICATIONS, KARNATAKA CIRCLE NO.1, SWAMY VIVEKANANDA ROAD, HALASURU, BANGALORE – 560 008.
3. THE GENERAL MANAGER, BSNL, MANGALORE, MANGALORE DISTRICT – 575 001.
4. THE DIVISIONAL ENGINEER, BSNL, SULLIA TALUK, MANGALORE DISTRICT – 574 239.
5. VIKAS MEENAGADDE, AGED ABOUT 40 YEARS, MEENAGADDE HOUSE, MANDEKOLU VILLAGE, SULLIA TALUK, MANGALORE DISTRICT – 574 239.
...RESPONDENTS (BY SRI.M.BIRDAY AIYAPPA, LEARNED CGC FOR R1; SRI.Y.HARIPRASAD, ADVOCATE FOR R2 – R4; SRI.SUHAS P., ADVOCATE FOR R5 (ABSENT)) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE TENDER NOTIFICATION DATED 28.12.2015 BY R-2 AT ANNEXURE – A IN SO FAR AS PETITIONER IS CONCERNED AND ALLOW THE W.P. 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.K.M.Manohar, learned counsel for Sri.D.Krishnamoorthy, learned Counsel for the Petitioner.
Ms.Birdy Aiyappa, learned CGC for Respondent No.1.
Sri.Y.Hariprasad, learned counsel for Respondents 2 to 4.
The petition is admitted for hearing. With the consent of learned Counsel for the parties, the matter is heard finally.
2. In this writ petition, petitioner, inter alia, has prayed for the following reliefs:-
“ (i) Issue Writ or Certiorari, quashing the Tender Notification dated 28-12-2015 by the Second Respondent bearing No.MM/10- 75/2015-16/Franchiseeship of EOI (Rd-8) as per Annexure-A in so far as petitioner is concerned and allow the Writ Petition in the interest of justice and equity.
(ii) Issue Writ or Mandamus, Directing the Second Respondent to consider and pass suitable order on the representation issued by the petitioner dated 18-03-2016 as per Annexure-C before finalizing the tender process in the interest of justice and equity.
(iii) Pass any other order/s that this Hon’ble Court deems fit and proper in the circumstances of the case in the interest of justice and equity”.
3. When the matter is taken up for hearing, learned counsel for Respondents 2 to 4 submits that the petitioner seeks quashing of the Tender Notification dated 28.12.2015 and the period of Tender was for a period of two years and the aforesaid period has come to an end in the year December, 2017. It is further submitted that period of contract was also expired.
4. The aforesaid submission made by the learned counsel for Respondents 2 to 4 is taken on record.
5. In view of the aforesaid submission made by the learned counsel for Respondents 2 to 4, nothing survives for adjudication in this writ petition. Accordingly, the same is disposed of.
Sd/- JUDGE Srl.