IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NOs.4553-4555 OF 2019 (GM-TEN) BETWEEN:
M/S. GEETHA ELECTRICAL STORES NO.2, 4TH CROSS, 1ST MAIN BYATARAYANAPURA, MYSORE ROAD BANGALORE-560 026 REP BY ITS PROPRIETOR B.M. SUDARSHAN.
(By Mr. KALYAN R, ADV.) AND:
1. THE STATE OF KARNATAKA DEPARTMENT OF KPWD VIKAS SOUDHA BANGALORE-560 001 REP. BY PRINCIPAL SECRETARY.
2. THE EXECUTIVE ENGINEER (ELE. DN.) P.W.D. ELECTRICAL DIVISION K.R.CIRCLE, BANGALORE-560 001.
3. THE SUPERINTENDENT ENGINEER P.W.D. BUILDING CIRCLE K.R. CIRCLE, BANGALORE-560 001.
(By Mr. VIJAY KUMAR A. PATIL, AGA) - - -
… PETITIONER … RESPONDENTS THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH IMPUGNED LETTER DATED 03.01.2019 ONLY IN SO FAR AS IT RELATES TO DIRECTION TO DEPOSIT ADDITIONAL SECURITY DEPOSIT OF RS.9,13,628-12/- AS PER ANNEXURE-A TO THE WRIT PETITION AND CONSEQUENTLY TO QUASH IMPUGNED LETTER DATED 17.01.2019 AS PER ANNEXURE-G TO THE WRIT PETITION & ETC.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Mr.Kalyan R., learned counsel for the petitioner. Mr.Vijay Kumar A. Patil, learned Additional Government Advocate for respondents.
2. The writ petitions are admitted for hearing.
With consent of the parties, the same are heard finally.
3. In these petitions, the petitioner inter alia seeks a writ of certiorari dated 03.01.2019 insofar as it pertains to direction to deposits security amount of Rs.9,13,628.12/-.
4. Learned counsel for the petitioner submits that the aforesaid condition has been incorporated in the Letter of Acceptance of the tender without compliance of the conditions contained in Clause 24.5 of the NIT. In case the petitioner is of the opinion that the aforesaid clause has not been complied with, he is at liberty to submit a representation to the competent authority within two weeks from the date of receipt of certified copy of the order passed today and the respondent-competent authority shall decide the representation within one week from the date of receipt of such a representation Accordingly, the petition is disposed of.
Sd/- JUDGE SS