IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NOs.10603-10607 OF 2019 & 10945-951 OF 2019 (GM-TEN) BETWEEN:
1. M/S MANJUNATH BORE WELLS NO.56 15TH CROSS 6TH A MAIN J.C NAGAR KURUBARAHALLY BENGALURU – 560 086 REPRESENTED BY ITS PROPRIETOR SRI B C RAMAKRISHNA.
2. M/S K.S.M. AGRO RIG SERVICES HOUSE NO.43, 5TH MAIN, 2ND CROSS, SUBASHNAGAR, VIRGONAGAR POST, BENGALURU - 560 049 REPRESENTED BY ITS PROPRIETOR SHRI T V SHIVA REDDY.
3. M/S SRI MANJUNATHA BOREWELLS ABBLUDU VILLAGE & POST SIDLAGHATTA TALUK, CHICKBALLAPUR DISTRICT REPRESENTED BY ITS PROPRIETOR SRI MANJUNATHA A N 4. M/S SRI MARUTHI BORE WELLS NO.17/2, KANAKAPURA MAIN ROAD, OPP. ZILLA PANCHAYATH, SHAKAMBARI NAGAR, 1ST PHASE, BENGALURU - 560 078.
REPRESENTED BY ITS PROPRIETOR, SRI CHINNAPPA REDDY.
5. M/S MARUTHI BOREWELL AGENCY NO.811/732, CHELUR ROAD, CHINTAMANI - 563 125 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 - 560 086. REPRESENTED BY ITS PROPRIETOR SRI.P.VENKATESHWARA RAO 7. M/S SALEEM ELECTRICALS & BOREWELLS BEHIND KEB, SHANTNAGAR, JEEVARGI TALUK, KALBURGI DISTRICT - 585 310 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 SREE BOREWELLS NO.110, JANANI APARTMENTS, G-1, DEFENCE LAYOUT, 4TH MAIN, VIDYARANYAPURA BENGALURU - 560 097 REPRESENTED BY ITS PROPRIETOR SRI.Y.T.ANANTHARAJU.
10. M/S SVB BOREWELLS NO.33, 2ND FLOOR, 3RD CROSS, 2ND MAIN, SHOBHA HOSPITAL ROAD, GOVINDARAJANAGAR, VIJAYANAGAR BENGALURU - 560 040 REPRESENTED BY ITS PROPRIETOR SRI VEERABASAPPA V NAREGAL.
11. M/S SRIRANGA BOREWELLS LAKSHMI COMPLEX, NEAR BUS STAND, HOLALKERE - 577 526 CHITRADURGA DISTRICT REPRESENTED BY ITS PROPRIETOR SRI. VEDAMURTHY.
12. M/S SRI.MAJUNATHA BOREWELLS SKP COMPLEX, MAIN RAOD, HIRIYUR-577598 CHITRADURGA DISTRICT REPRESENTED BY ITS PROPRIETOR SRI.M.JAYANNA … PETITIONERS (BY SRI NAVEEN GUDIKOTE S, ADV.) AND:
1. STATE OF KARNATAKA SOCIAL WELFARE DEPARTMENT VIKASA SOUDHA DR. AMBEDKAR ROAD BENGALURU - 560 001 REP. BY ITS ADDL. CHIEF SECRETARY.
2. THE MANAGING DIRECTOR DR.B.R.AMBEDKAR DEVELOPMENT CORPORATION LTD., V.V.TOWER DR.AMBEDKAR ROAD, BENGALURU - 560 001.
3. THE MANAGING DIRECTOR KARNATAKA MAHARSHI VALMIKI SHCEDULE TRIBES DEVELOPMENT CORPN JASMA BHAVAN ROAD, VASANTHNAGAR BANGALORE - 560 052.
4. THE GENERAL MANAGER - DEVELOPMENT & TENDER INVITING AUTHORITY DR.B.R.AMBEDKAR DEVELOPMENT CORPORATION LTD V.V.TOWER DR.AMBEDKAR ROAD BENGALURU - 560 001.
… RESPONDENTS (BY SRI. VIJAYKUMAR A PATIL, AGA FOR R1 TO R3;
SRI. P MAHESHA, ADV FOR R4) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R-2 AND 4 TO CONSIDER THE REPRESENTATIONS OF THE PETITIONERS BY PERMITTING THE PETITIONERS TO PARTICIPATE AND SUBMIT THEIR RESPECTIVE BIDS IN THE TENDER NOTIFICATION DATED 09.11.2018 AND PUBLISHED ON 17.11.2018, AS PER THE DIRECTION ISSUED BY THIS HON'BLE COURT VIDE ORDER DATED 19.02.2019 IN W.P. NO. 6088-6092/2019, AS PER ANNEXURES-A TO A22 AND B AND ETC.
THESE PETITIONS COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Sri. Naveen Gudikote S, learned counsel for the petitioners.
Sri.Vijay Kumar A. Patil, learned Additional Government Advocate for respondent Nos.1 to 3.
Sri.P.Mahesh, learned counsel for respondent No.4.
In these petitions, the petitioners inter alia have prayed for the following reliefs:
“A. To issue a writ of mandamus or any other appropriate writ, order or direction to the Respondent Nos.2 and 4, to consider the representations of the petitioners by permitting the petitioners to participate and submit their respective bids in the Tender Notification No.ADCL/TND/228/2018-19 dated 09/11/2018 and published on 17/11/2018, as per the direction issued by this Honble Court vide Order dated 19/02/2019 in WP No.6088-6092/2019, as per Annexures-A to A-22 and B; 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 writ petitions may be disposed of with a direction to respondent No.4 to decide the representations submitted by the petitioners in accordance with law in a time bound manner.
3. On the other hand, learned Additional Government Advocate submits that the prayer for extension of time to submit the bid has been dealt with by a Co-ordinate Bench of this Court in W.P.No.53791/2018 and the same has been rejected by order dated 22.02.2019 passed in the aforesaid case.
4. On the other hand, learned counsel for respondent No.4 submits that suitable action in accordance with law shall be taken on the representations submitted by the petitioners within such time as may be fixed by this Court.
5. In view of the aforesaid submission and in the facts of the case, the petitions are disposed of with a direction to respondent No.4 to consider and decide the representations submitted by the petitioners in accordance with law by a speaking order within a period of two weeks from the date of receipt of the certified copy of the order passed today.
It is made clear that this Court has not expressed any opinion on the merits of the case.
Sd/- JUDGE dn/-