IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 08H DAY OF NOVEMBER, 2019 BEFORE THE HON'BLE MR. JUSTICE B. VEERAPPA WRIT PETITION NOs.4247-4251 OF 2019 & 5312-14 OF 2019 (GM-TEN) BETWEEN:
1. M/S. MANJUNATHA BOREWELLS NO.56, 15TH CROSS 6TH ‘A’ MAIN, J.C.NAGAR KURUBARAHALLI BENGALURU – 560 086 REPRESENTED BY ITS PROPRIETOR SRI.B.C.RAMAKRISHNA 2. M/S. LAKSHMI VENKATESHWARA BOREWELLS SHIDLAGHATTA CARRYING ON ITS BUSINESS AT KONDARAJANAHALLI VILLAGE GANJIGUNTE POST SHIDLAGHATTA TALUK CHIKKABALLAPURA DISTRICT – 562 105 REPRESENTED BY ITS PROPRIETOR SHRI K.V.SRINATH 3. M/S. SRI MANJUNATHA BOREWELLS ABBLUDU VILLAGE & POST SHIDLIGHATTA TALUK CHIKKABALLAPURA DISTRICT REPRESENTED BY ITS PROPRIETOR SHRI MANJUNATHA 4. M/S. KS BOREWELL & COMPANY PLOT NO.7, 2ND MAIN 9TH CROSS, NEAR ANAND APARTMENTS SADASHIVANAGAR BELGAUM – 590 002 REPRESENTED BY ITS PROPRIETOR SRI K.M.DHAMNEKAR 5. M/S. KARNATAKA AGRO AGENCIES K.SALAWADAGI BASAVANA BAGEWADI TALUK VIJAYAPURA DISTRICT REPRESENTED BY ITS PROPRIETOR SHRI BASAVARAJ M.DESAI 6. M/S. RAJASHRI BOREWELLS SAGAR LODGE BASAVESHWARA CIRCLE VIJAYAPURA – 586 208 REPRESENTED BY ITS PROPRIETOR SHRI BHIMU S.RATHOD 7. M/S. AKSHAY BOREWELLS ANU COMPLEX TAVARAGERA ROAD NH-50, KUSHTAGI POST KUSHTAGI TALUK KOPPALA DISTRICT REPRESENTED BY ITS PROPRIETOR SHRI R.C.MALI PATIL 8. M/S. S.V.B.BOREWELLS NO.33, 2ND FLOOR, 3RD CROSS 2ND MAIN, SHOBHA HOSPITAL ROAD GOVINDARAJANAGAR, VIJAYANAGAR BENGALURU – 560 040 REPRESENTED BY ITS PROPRIETOR SHRI. VEERABASAPPA V.NAREGAL ... PETITIONERS (BY SRI D.R.RAVISHANKAR, ADV.,) AND:
1. STATE OF KARNATAKA SOCIAL WELFARE DEPARTMENT VIKASA SOUDHA DR.AMBEDKAR ROAD BENGALURU - 560 001 REPRESENTED BY ITS ADDL.CHIEF SECRETARY 2. THE MANAGING DIRECTOR D.DEVARAJ URS BACKWARD CLASSES DEVELOPMENT CORPORATION LTD. DEVRAJ URS BHAVAN VASANTH NAGAR BENGALURU – 560 042 3. THE MANAGING DIRECTOR KARNATAKA VISHWAKARMA COMMUNITIES DEVELOPMENT CORPORATION 5TH FLOOR, DEVARAJ URS BHAVAN VASANTH NAGAR BENGALURU – 560 042 4. THE MANAGING DIRECTOR KARNATAKA UPPARA DEVELOPMENT CORPORATION AND NIJASHARANARA AMBIGARA CHOWDAIAH DEVELOPMENT CORPORATION VASANTH NAGAR BENGALURU – 560 042 5. THE GENERAL MANAGER (F&A) & TENDER INVITING AUTHORITY D.DEVARAJ URS BACKWARD CLASSES DEVELOPMENT CORPORATION LTD. DEVARAJ URS BHAVAN VASANTH NAGAR BENGALURU – 560 042 6. THE DEPARTMENT OF FINANCE VIDHANA SOUDHA DR.AMBEDKAR ROAD BANGALORE – 560 001 REPRESENTED BY UNDER SECRETARY TO GOVERNMENT 7. THE MANAGING DIRECTOR DR.B.R.AMBEDKAR DEVELOPMENT CORPORATION LIMITED V.V.TOWER, DR.AMBEDKAR ROAD BENGALURU – 560 001 8. THE PROJECT MANAGER KARNATAKA E-PROCUREMENT CELL CENTRE FOR E-GOVERNANCE ROOM NO.141, 1ST FLOOR 2ND GATE, M.S.BUILDINGS DR.AMBEDKAR VEEDHI BENGALURU – 560 001 9. THE DISTRICT MANAGER DR.B.R.AMBEDKAR DEVELOPMENT CORPORATION LIMITED 3RD CROSS, COTTONPET M.G.ROAD KOLAR - 563101 …RESPONDENTS (BY SRI.P.MAHESHA, ADV., FOR C/R5 AND R2; SRI K.DILIP KUMAR, HCGP FOR R1 AND R6; R4, R9 ARE SERVED BUT UNREPRESENTED; V.O.DT.04.09.2019, SERVICE OF NOTICE ON R3, R7 AND R8 ARE HELD SUFFICIENT) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED MODIFIED E- TENDER NOTIFICATION DATED 04.01.2019 PUBLISHED UNDER E-PROCUREMENT PORTAL ON 05/01/2019 AND PUBLISHED IN DAILY NEWSPAPER ON 06.01.2019, ISSUED BY THE 5TH RESPONDENT, AS PER ANNEXURES- A AND A1;
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Sri P.Mahesha, learned counsel for caveator – respondent Nos.2 and 5 fairly and rightly submitted that the issue involved in the present case is already considered by this Court in W.P.Nos.201482-484/2019 c/w W.P.Nos.200700-704/2019 in the case of M/s. Deshmuk Borewells and ors. Vs. State of Karnataka and ors. decided on 15.10.2019 and the said submission is not disputed by learned counsel for the petitioner and the relevant paragraph Nos.2 and 3 of the above said decision reads as follows:
“2. These petitions were directed against the notification issued by the 3rd respondent namely the Tender Inviting Authority dated 04.01.2019 in No.DBCD/TND/BWC/CR-05/2018-19 for the financial year 2018-19. In the memo it is stated that the objections raised by the petitioners have been duly addressed and fresh notification has been issued in terms of the tender document dated 11.10.2019 for the financial year 2019-20.
3. In view of the said memo, the impugned order of the first respondent dated 04.01.2019 is quashed. Respondent No.3 is permitted to call for fresh tender in terms of the tender document dated 11.10.2019 for the financial year 2018-19. The petitioners are at liberty to challenge the said notification/tender document on any such ground available under law, if desired.”
2. In view of the above submission, the present petitions also disposed of in the same terms as held in paragraph No.2 and 3 of the above decision.
Sd/-
JUDGE HJ