IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.38699 OF 2016 (GM-TEN) BETWEEN:
KARNATAKA STATE CONTRACTORS ASSOCIATION NO.166 5TH MAIN ROAD CHAMARAJA PETE BENGALURU-560 018 REP BY ITS GENERAL SECRETARY SRI D. KEMPANNA AGED ABOUT 73 YEARS. … PETITIONER (By Mr.SHIVARAJ M.K., ADV.) AND:
1. STATE OF KARNATAKA DEPARTMENT OF HEALTH & FAMILY WELFARE, VIKAS SOUDHA BANGALORE-560 001 REP BY ITS PRINCIPAL SECRETARY.
2. THE PROJECT DIRECTOR KARNATAKA HEALTH SYSTEM DEVELOPMENT & REFORM PROJECT FIRST FLOOR PHI BUILDING SESHADRI ROAD BENGALURU-560 001.
3. THE CHIEF ENGINEER KARNATAKA HEALTH SYSTEM DEVELOPMENT & REFORM PROJECT FIRST FLOOR,PHI BUILDING SESHADRI ROAD BENGALURU-560 001. … RESPONDENTS (By Mr. VIJAY KUMAR A. PATIL AGA FOR R1, ZULFIKAR KUMAR SHAFI ADV., FOR R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED E-PROCUREMENT BULK PACKAGE HIGH VALUE TENDER NOTIFICATION DTD:21.6.2016 ALONG WITH LIST OF WORKS PUBLISHED IN THE E-PROCUREMENT PORTAL, IN THE KANNADA LOCAL DAILY ‘PRAJAVANI’ NEWSPAPER PUBLISHED ON 22.06.2016 ISSUED BY THE RESPONDENT AUTHORITIES CHIEF ENGINEER KHSODRP BANGALORE VIDE ANNEXURE-B AND ETC., THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Mr.Shivaraju M.K., learned counsel for the petitioner.
Mr.Vijay Kumar A.Patil, learned Additional Government Advocate for respondent Nos.1 to 3.
Mr.Zulfikar Kumar Shafi, learned counsel for respondent No.3.
2. The writ petition is admitted for hearing.
With consent of the parties, the same is heard finally.
3. In this petition, the petitioner has prayed for the following reliefs:
a) Issue a writ or order or orders in the nature of writ of certiorari, quashing the impugned e-procurement bulk package high value tender notification bearing No.HFW/KHSDRP/CE/TA-1/AE-
3&4/TND/NABARD/2016-17/536 dated 21.06.2016 along with list of works published in the E-procurement portal, in the Kannada Local Daily ‘Prajavani’ Newspaper published on 22.06.2016 issued by the respondent authorities Chief Engineer KHSODRP, Bangalore vide Annexure ‘B’.
b) Issue a writ or order or direction in the nature of writ of mandamus, directing the respondent authorities to invite present and future e-tenders individually, separately with location-wise and without grouping all the tenders under a small low value package for facilitating members of the petitioners and other small contractors to participate and get qualified in such tender:
c) Grant such other relief/s as this Hon’ble court deems fit to grant in the circumstances of the case on the grounds of justice and equity.
4. This petition is pending before this Court since 2016, in which no interim order has been passed. The petition has been rendered infructuous. Accordingly, the petition is disposed of with a liberty to the petitioner to approach this Court as and when occasion so arises.
With the aforesaid liberty, the petition is disposed of.
Sd/- JUDGE SS