IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.27119 OF 2019 (GM-RES) BETWEEN:
M/S. MADANI DAWAKHANA HAVING ITS REGISTERED OFFICE AT NO.71, GROUND FLOOR NEW MARKET ROAD OPP. CHARMINAR MASJID SHIVAJINAGAR BENGALURU-560001.
REPRESENTED BY ITS PROPRIETOR SRI MOHAMMED YUSUFF SHARIFF AGED ABOUT 60 YEARS SON OF LATE M A MAJEED RESIDING AT NO.18/1, 5TH FLOOR ALEXANDER STREET, RICHMOND TOWN BENGALURU-560027.
(BY SRI.C SHANKAR REDDY, ADV.) ... PETITIONER AND:
1. STATE OF KARNATAKA DEPARTMENT OF HEALTH AND FAMILY WELFARE, (AYUSH) VIKASA SOUDHA DR.AMBEDKAR VEEDHI BENGALURU-560001.
REP. BY PRINCIPAL SECRETARY.
2. THE COMMISSIONER (EARLIER DIRECTOR) TENDER INVITING AUTHORITY DIRECTORATE OF AYUSH GOVERNMENT OF KARNATAKA DHANAVANTRI ROAD BENGALURU-09.
3. THE DEPUTY DIRECTOR (PHARMACY) GOVERNMENT CENTRAL PHARMACY GOVERNMENT OF KARNATAKA ASHOKA PILLAR, JAYANAGAR BENGALURU-560011.
... RESPONDENTS (BY SMT.PRATHIMA HONNAPURA, AGA.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R-2 AND 3 TO RELEASE AMOUNTS PAYABLE UNDER THE ADMITTED PENDING BILLS TOGETHER WITH 18% INTEREST CALCULATED FROM THE DATE THE AMOUNTS BECAME PAYABLE IMMEDIATELY TO THE PETITIONER AS INDICATED IN THE DOCUMENTS PRODUCED AND MARKED AS ANNEXURE-G TO ANNEXURE-G4 TO THIS WRIT PETITION WITHIN A LIMITED TIME FRAME, PREFERABLY WITH 1 MONTH AS THE MATTER IS EXTREMELY URGENT IN NATURE AND ETC.
THIS PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Sri.C.Shankar Reddy, learned counsel for the petitioner.
Smt.Prathima Honnapura, learned Additional Government Advocate for the respondents.
The petition is admitted for hearing. With the consent of learned counsel for the parties, the same is heard finally.
2. In this petition, the petitioner inter alia seeks for a direction to the respondent No.2 to consider the representations submitted by the petitioner vide Annexures-‘K’, ‘K-1’ to ‘K-4’, ‘L’, ‘L-1’ to ‘L-5’.
3. When the matter was taken up today, learned counsel for the petitioner submitted that the writ petition may be disposed of with a direction to the respondent No.2 to consider the representations vide Annexures-‘K’, ‘K-1’ to ‘K-4’, ‘L’, ‘L-1’ to ‘L-5’ submitted by the petitioner in accordance with law.
4. On the other hand, learned Additional Government Advocate for respondents submitted that the representations submitted by the petitioner shall be dealt with in accordance with law, if not already decided.
5. In view of the submissions made and in the facts of the case, the writ petition is disposed of with a direction to the competent authority to consider and decide the representations submitted by the petitioner, if not already decided, in accordance with law by a speaking order within a period of two months from the date of receipt of certified copy of the order passed today.
6. It is made clear that this Court has not expressed any opinion on merits of the case.
Accordingly, the writ petition is disposed of.
Sd/- JUDGE VMB