IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE WRIT PETITION No.6106 OF 2019 (GM-TEN) BETWEEN:
M/s.HINDUSTAN SECURITY SERVICE HOME KEEPING AND LABOUR CONTRACTORS NO.7/1, MUNESHWAA BLOCK BENGALURU-560 085 REPRESENTED BY ITS PROPRIETOR H.T. PUTTASWAMY, AGED ABOUT 45 YEARS SON OF LATE THIMMEGOWDA. ...PETITIONER (By Sri.MADHUKAR NADIG, ADVOCATE FOR Sri.SREEKANTHA.K.S., ADVOCATE) AND:
1. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES 4TH ‘T’ BLOCK, JAYANAGAR BENGALURU-560 041 REPRESENTED BY ITS VICE CHANCELLOR 2. THE PRINCIPAL SECRETARY MEDICAL EDUCATION M.S. BUILDING, BENGALURU – 560 009.
3. THE DIRECTOR MEDICAL EDUCATION ANANDA RAO CRICLE BENGALURU-560 009 4. THE REGISTRAR RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES KARNATAKA 4TH ‘T’ BLOCK, JAYANAGAR BENGALURU-560 041 5. M/s.BKR SWAMY SECURITY AGENCIES NO.310 PAVILION ROAD, P.J.EXTENSION, DAVANAGERE-577 002 REPRESENTED BY ITS PROPRIETOR SRI B.K.R.SWAMY. ...RESPONDENTS (By Sri.VIJAY KUMAR.A.PATIL, AGA FOR R2 & R3) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE SHORT TERM TENDER NOTIFICATION DATED 07.07.2018, FOR PROVIDING AND SUPPORTING STAFF TO RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES, KARNATAKA, ISSUED BY THE R-4 HEREIN, (ANNEXURE-B) WHICH IS BEING ARBITRARY, ERRONEOUS AND OPPOSED TO LAW; AND ETC., THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Sri.Madhukar Nadig, learned counsel for Sri.Sreekantha.K.S., learned counsel for the petitioner.
Sri.Vijay Kumar A. Patil, learned Additional Government Advocate for the Respondent Nos.2 and 3.
2. Learned counsel for the petitioner, after arguing the matter for sometime, seeks leave of this Court to withdraw the writ petition with liberty to take recourse of the remedy of appeal available under Section 16 of the Karnataka Transparency in Public Procurements Act, 1999.
3. In view of the aforesaid submission, this petition is disposed of with a direction to the appellate authority that incase if an appeal is filed by the petitioner within a period of three weeks from today, the appellate authority shall decide the appeal as expeditiously as possible in accordance with law, by a speaking order after affording an opportunity of hearing to both the parties.
It is made clear that this Court has not expressed any opinion on the merits of the case.
Accordingly, this writ petition is disposed of .
Sd/- JUDGE DH