IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF MAY, 2019 BEFORE THE HON'BLE MR. JUSTICE B. VEERAPPA WRIT PETITION NO.292/2015 (GM-TEN) BETWEEN:
ESTHUR NARAYANAPPA S/O. MATTEPPA AGED ABOUT 55 YEARS NO.88, ESTHUR VILLAGE BENDIGANAHALLI POST HOSAKOTE TALUK BENGALURU RURAL DISTRICT 562 129 ... PETITIONER (BY SRI R.R.VARUN, ADV., FOR SRI R.SUBRAMANYA, ADV.,) AND:
1. M/s. BHARATH ELECTRONICS LIMITED REPRESENTED BY ITS MANAGING DIRECTOR JALAHALLI POST OFFICE BENGALURU-560 013 2. M/s. ITC LIMITED REPRESENTED BY ITS MANAGING DIRECTOR MEENAKUNTE VILLAGE POST BELLARY ROAD, JALAHOBLI POST OFFICE DODDAJALA, NEAR DODDAJALA BENGALURU-562 157 3. M/s.RAMKY RECLAMATION & RECYCLING LIMITED REPRESENTED BY ITS MANAGING DIRECTOR No.25-230, 2ND CROSS RAGAVENDRANAGAR HENNUR RING ROAD KALYANANAGAR BENGALURU-560 043 …RESPONDENTS (BY SRI SOMASHEKAR KASHINATH ADV., FOR R1; SRI M.S.RAJENDRA, ADV., FOR SRI VIVEK HOLLA, ADV., FOR R2;
SRI K.R. MURALIKRISHNA ADV., FOR R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT THE ACTION OF R-1 OF ENTERING INTO AN AGREEMENT VIDE ANNX-A DT. 24.11.2011 FOR DISPOSAL OF COMBUSTIBLE SCRAP WITH R-2 & R-3, WITHOUT CALLING FOR AN AUCTION/TENDER AND RENEWING THE SAME WITHOUT FRESH AUCTION IS ILLEGAL AND ARBITRARY AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Sri Somashekar Kashimath, learned counsel for the first respondent submits that, if fresh tender instructions made for calling tender is to be done only in accordance with law.
2. Sri M.S.Rajendra, learned counsel for the second respondent submits that in view of Annexure ‘P’ dated 28.02.2014, the contract was renewed and valid only upto 22.01.2016. He further submits that as on today, the prayers are become infructuous.
3. The said submission is placed on record and the same is not disputed by the learned counsel for the petitioner.
4. In view of the above, the writ petition stands disposed of directing the first respondent to proceed with the tender only after following the procedure as contemplated strictly in accordance with law.
Sd/- JUDGE cp*