IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF MAY, 2019 BEFORE THE HON’BLE MR. JUSTICE B. VEERAPPA WRIT PETITION No.22117/2019(GM-TEN) BETWEEN:
M/S SHRI OMKHAR ENTERPRISES NO.165, 8TH MAIN ROAD, BEML LAYOUT, BASAVESHWARANAGAR, BENGALURU 5600079, REP BY ITS CHIEF EXECUTIVE SRI RAHUL MALLIKARJUNAIAH.
... PETITIONER (BY SRI C. VIJAYA KUMAR, ADVOCATE) AND:
1. THE STATE OF KARNATAKA REP. BY THE SECRETARY TO DEPARTMENT OF INFORMATION & PUBLIC RELATIONS, M S BUILDING, BANGALORE 560001.
2. THE PROJECT DIRECTOR SAMAGRA SHIKSHANA KARNATAKA (SSK) ANNEXURE BUILDING, N.T.ROAD, BENGALURU 560001.
(By SRI VIJAYKUMAR A PATIL AGA) ... RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE TENDER REFERENCE DATED 12.02.2019 AS PER ANNEXURE-A.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R After arguing the matter for some time, Sri C. Vijaya Kumar, learned counsel for the petitioner fairly submits that in view of acceptance of the tender in favour of M/s Abhilasha Commercial Private Limited, No.-G-69, Sector-6, Noida-201301, Gautam Budh Nagar, Uttar Pradesh, the petitioner may be permitted to withdraw the present writ petition with liberty to file appeal before the Appellate Authority as contemplated under Section 16 of the Karnataka Transparency in Public Procurements Act, 1999 (‘the Act for short).
The said memo dated 30.5.2019 is placed on record.
Accordingly, the writ petition is dismissed as withdrawn with liberty to the petitioner to avail the alternative remedy as contemplated under the Act, in accordance with law.
Sd/-
JUDGE Gss/-