IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NOS.6088-6092 OF 2019 (GM-TEN) & WRIT PETITION NOS.8206-8213 OF 2019 BETWEEN:
1. M/s K.S.M.Agro Rig Services, House No.43, 5th Main, 2nd Cross, Subashnagar, Virgonagar Post, Bengaluru – 560049.
Represented by its proprietor Shri T.V.Shiva Reddy.
2. M/s Manjunath Bore Wells, No.56, 15th Cross, 6th ‘A’ Main, J.C.Nagar, Kurubarahally, Bengaluru – 560086.
Represented by its proprietor Shri B.C.Ramakrishna 3. M/s Sri. Manjunatha Borewells, Abbludu Village and Post, Sidlaghatta Taluk, Chichballapur District, Represented by its proprietor, Sri. Manjunath A.N.
4. M/s Sri.Maruthi Bore Wells, No.17/2, Kanakapura Main Road, Opp. Zilla Panchayath, Shakambari Nagar, 1st Phase, Bengaluru – 560078.
Represented by its Proprietor, Sri Chinnappa Reddy.
5. M/s Maruthi Borewell Agency, No.811/732, Chelur Road, Chintamani – 563125, Chickballapur District, Represented by its Proprietor, Sri.S.V.Narayana Swamy.
6. M/s Sri.Saibaba Rock Drillers, No.56, 15th Cross, 6th Main, J.C.Nagar, Kurubarahalli, Bengaluru – 560086. Represented by its Proprietor, Sri.P.Venkateshwara Rao.
7. M/s Saleem Electricals & Borewells, Behind KEB, Shantnagar, Jeevargi Taluk, Kalburgi District – 585310. Represented by its Proprietor, Sri Haji Malag M Attar.
8. M/s K.S.Borewells, Near Essar petrol Bunk, Kotithopu Road, Tumkur.
Represented by its Proprietor, Sri Shameer Ahamed.
9. M/s Sri Sri Manjunatha Borewells, SKP Complex, Main Road, Hiriyur – 577598 Chitradurga District. Represented by its Proprietor, Sri.M.Jayanna.
10.M/s Sree Borewells, No.110, Janani Apartments, G-1, Defence Layout, 4th Main, Vidyaranyapura, Bengaluru – 560097.
Represented by its Proprietor, Sri.Y.T.Anantharaju.
11.M/s SVB Borewells, No.33, 2nd Floor, 3rd Cross, 2nd Main, Shobha Hospital Road, Govindarajanagar, Vijayanagara, Bengaluru – 560040. Represented by its Proprietor, Sri.Veerabasappa V.Naregal.
12.M/s Sriranga Borewells, Lakshmi Complex, Near bus stand, Holalkere – 577526, Chitradurga District.
Represented by its Proprietor, Sri Vedamurthy.
13.M/s Shamanur Borewells, No.493/1, Karegowdara Building, Shamanur – 577004, Davanagere District.
Represented by its Proprietor, Sri Ravi.
(By Sri.Naveen Gudikoli.S, Advocate) AND:
1. State of Karnataka Social Welfare Department, Vikasa Soudha, … Petitioners Dr.Ambedkar Road, Bengaluru – 560001.
Represented by its Addl. Chief Secretary 2. The Managing Director Dr.B.R.Ambedkar Development Corporation Ltd.
V.V.Tower, Dr.Ambedkar Road, Bengaluru – 560001.
3. The Managing Director Karnatka Maharshi Valmiki Schedule Tribes Development Corporation Jasma Bhavan Road, Vasanthnagar, Bengaluru – 560052.
4. The General Manager – Development & Tender Inviting Authority Dr.B.R.Ambedkar Development Corporation Ltd.
V.V.Tower Dr.Ambedkar Road, Bengaluru – 560001.
… Respondents (By Sri.Vijay Kumar.A.Patil, AGA for R-1) These Writ Petitions are filed under Articles 226 and 227 of the Constitution of India, praying to direct to the R-4, to extend the time for submission of bids in the tender notification dated 09.11.2018 and published on 17.11.2018 so as to enable the petitioners to participate and submit their respective bids by considering the representation submitted by the petitioners as per annexure-A and A38 and etc.
These Petitions coming on for Preliminary Hearing, this day, the Court made the following:-
ORDER Sri.Naveen Gudikoli.S, learned counsel for the petitioners.
Learned Additional Government Advocate accepts notice for respondent No.1.
Issue emergent notice to other respondents.
In these petitions, the petitioners have inter alia prayed for the following reliefs:
“A. To issue a writ of mandamus or any other appropriate writ, order or direction to the 4th respondent, to extend the time for submission of bids in the Tender Notification No.ADCL/TND/228/2018-19 dated 09/11/2018 and published on 17/11/2018, so as to enable the petitioners to participate and submit their respective bids by considering the representation submitted by the petitioners as per Annexures-A1 to A38 and B. To grant such other order or further relief as this Hon’ble Court may deem fit and proper including the costs of these proceedings to the petitioners.”
2. When the matter was taken up today, learned counsel for the petitioners submitted that the State Government had invited tenders in e-procurement portal for the work of drilling of 165 mm dia borewells on ‘NO WATER NO MONEY BASIS’ in the year 2018-19. The aforesaid tender notification was published on 17.11.2018. However, on account of an interim order passed in W.P.No.53791/2018, the petitioners were precluded from submitting their bids in-time and petitioners have submitted a representation to respondent No.2 contained in Annexures-A1 to A38 seeking extension of time for submission of the bids and further submits that the writ petitions may be disposed of with a direction to respondent No.2 to take appropriate decision on the representations which are pending consideration before it.
3. In view of the aforesaid submission and in the facts of the case, the writ petitions are disposed of with a direction to respondent No.2 to consider and decide the representations submitted by the petitioners contained in Annexures-A1 to A38 by a speaking order within a period of three weeks from the date of receipt of the certified copy of the order passed today.
Sd/- JUDGE dn/-