IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.28339 OF 2019 (GM-TEN) BETWEEN:
M/S EXCEL SPORTS A PROPRIETARY CONCERN NO.1, MAJESTIC CIRCLE NEAR ARYA BHAVAN SWEETS BENGALURU – 560 009 BY ITS PROPRIETOR SRI RAJINDER SINGH KHANUJA.
(BY SRI. SANJAY GOWDA N. S , ADVOCATE) AND :
... PETITIONER 1. THE STATE PROJECT DIRECTOR SAMAGRA SHIKSHANA KARNATAKA (SSK) SMAITHI ANNEXE BUILDING NT ROAD, BENGALURU – 560 001.
2. M/S ABHILASHA COMMERCIAL PVT LTD. A COMPANY INCORPORATED UNDER THE COMPANIES ACT HAVING ITS REGISTERED OFFICE AT G-69 SECTOR 6, NOIDA GAUTAM BUDH NAGAR DISTRICT U P - 201 301.
3. THE STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY DEPARTMENT OF PRIMARY AND SECONDARY EDUCATION VIKAS SOUDHA BENGALURU – 560 001.
(BY SRI.VIJAY KUMAR. A PATIL, AGA) ... RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R-1 TO CONSIDER THE OBJECTIONS RAISED BY THE PETITIONER VIDE ANENXURE-B AND C BEFORE CONSIDERING THE BID SUBMITTED BY THE R-2 AND DIRECT THE R-1 TO REJECT THE BID OF THE R-2 AS THEY DO NOT QUALIFY THE ELIGIBILITY CRITERIA OF OWNING A CUTTING, PRINTING, LATHING AND MOLDING MACHINE.
THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Mr. Sanjay Gowda N.S., learned counsel for the petitioner.
Mr. Vijay Kumar A. Patil, learned Additional Government Advocate for the respondents.
2. When the matter was taken up today, learned Additional Government Advocate for the respondent submitted that the contract in question has already been awarded by an order dated 5.7.2019 in favour of respondent No.2.
3. In view of the aforesaid submission, learned counsel for the petitioner submitted that the petition may be disposed of with liberty to the petitioner to file an appeal under Section 16 of the Karnataka Transparency in Public Procurement Act, 1999.
4. In view of the aforesaid submissions, the writ petition is disposed of. It is needless to state that in case such an appeal is filed, the same shall be dealt with expeditiously after affording opportunity to the necessary parties within a period of two months from the date of filing of such an appeal.
Accordingly, petition is disposed of with liberty as above.
Sd/- JUDGE SA Ct:sr