IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13th DAY OF AUGUST 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.14313 OF 2019 & W.P.NOS.14956-960 OF 2019 (GM-TEN) BETWEEN:
1. M/S NAVEEN ELECTRICALS SHETTIHALLI VILLAGE, BIDARI POST, KADUR TALUK, CHIKMAGALUR DISTRICT -577 101 BY ITS PROPRIETOR, SRI BASAVAKUMAR, S/O VEERABHADRAPPA, AGED ABOUT 49 YEARS.
2. M/S VAYAPUTRA ELECTRICALS SOORPUR,KADUR TALUK, CHIKMAGALUR DISTRICT -577 101 BY ITS PROPRIETOR SRI VEDAMURTHY S/O PARAMESHWARAPPA AGED ABOUT 42 YEARS 3. M/S MARUTHI ELECTRICALS SOORPUR,KADUR TALUK, CHIKMAGALUR DISTRICT-577 101 BY ITS PROPRIETOR SRI R G NAGARAJ, S/O GOVINDAPPA, AGED ABOUT 48 YEARS 4. M/S LAKSHMI ELECTRICALS SHANESHWARA TEMPLE ROAD, KADUR TALUK, CHIKMAGALUR DISTRICT-577 101 BY ITS PROPRIETOR SRI M RAMESH,S/O MALLESHAPPA, AGED ABOUT 42 YEARS.
5. M/S NEW KISSAN ELECTRICALS KOTE STREET, AJJAMPURA, TARIKERE TALUK, CHIKMAGALUR DISTRICT-577 101 BY ITS PROPRIETOR SRI VASOOD AHAMED, S/O ABDUL RAHIMAN SAB AGED ABOUT 49 YEARS.
6. M/S V K ELECTRICALS SIDDARAHALLI,TARIKERE TALUK, CHIKMAGALURU DISTRICT-577 101 BY ITS PROPRIETOR SRI C MANJU S/O CHINNAPPA, AGED ABOUT 41 YEARS.
(By MR.VIGNESHWAR S SHASTRI, ADV.) AND:
1. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY TO ENERGY DEPARTMENT, M.S.BUILDING, BENGALURU-560 001 2. MANGALORE ELECTRICITY SUPPLY COMPANY LTD.(MESCOM) REGIONAL OFFICE, MESCOM BHAVAN, BEJAI, MANGALORE-575 004 DAKSHINA KANNADA DISTRICT REPRESENTED BY ITS MANAGING DIRECTOR 3. SUPERINTENDING ENGINEER (ELE) MESCOM,O & M CIRCLE, CHIKKAMAGALUR-577 101 (By MR.VIJAY KUMAR A PATIL, AGA FOR R1, MR.H V DEVARAJU, ADV. FOR R2 & 3) - - -
… PETITIONERS RESPONDENTS THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED TENDER NOTIFICATION DATED 06.03.2019 BEARING TENDER NO.MESCOM/2018-19/EL/WORK-INDENT 1187 AS PER ANNEXURE-Q WHICH INCLUDED THE FOLLOWING DEPARTMENT/LOCATIONS; AND ETC.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Mr.Vighneshwar S.Shastri, learned counsel for the petitioners.
Mr.Vijay Kumar A.Patil, learned Additional Government Advocate for the respondent No.1.
Mr.H.V.Devaraju, learned counsel for the respondent Nos.2 and 3.
2. The petitions are admitted for hearing. With consent of the learned counsel for the parties, the same are heard finally.
3. In these petitions, the petitioners have assailed the validity of the impugned tender notification dated 06.03.2019 as per Annexure-Q.
4. When the matter was taken up today, learned counsel for the petitioners submitted that with regard to their grievance, the petitioners have submitted a representation on 12.12.2018 to the respondent No.2 and the aforesaid authority be directed to decide the representation which is pending consideration expeditiously.
5. On the other hand, learned counsel for the respondent No.2 submits that the representation submitted by the petitioners shall be dealt with in accordance with law.
6. In view of the aforesaid submissions and in the facts of the case, the petitions are disposed of with a direction to the respondent No.2 to decide the representation submitted by the petitioners, if not already decided, by a speaking order after affording an opportunity of hearing to the petitioners within a period of four weeks from the date of receipt of certified copy of the order passed today. It is made clear that this Court has not expressed any opinion on merits.
Sd/- JUDGE RV