IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14th DAY OF AUGUST 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NOs.12837/2019 & 14437-14439/2017 (GM-TEN) BETWEEN:
1. MR. PENCHALAIYYER S/O LATE VENKATAIAH AGED ABOUT 45 YEARS THE SECRETARY SHIVAMOGGA DISTRICT CONTRACT POURAKARMIKAS WELFARE ASSOCIATION R/A.NO.24, NEAR KSRTC BUS STAND 3RD CROSS, MARNAMI BAIL SHIVAMOGGA-577201.
2. MR. RAVISH S/O LATE ANNADANAIAH AGED ABOUT 33 YEARS THE TRESURER SHIVAMOGGA DISTRICT CONTRACT POURAKARMIKAS WELFARE ASSOCATION R/A AMMER AHMAD COLONY NEAR RAILWAY STATION SHIVAMOGGA-577201.
3. MR NAGARAJ S/O LATE CHIKKA HANUMAIAH AGED ABOUT 36 YEARS MEMBER SHIVAMOGGA DISTRICT CONTRACT POURAKARMIKAS WELFARE ASSOCATION R/ANO.24, NEAR KSRTC BUS STAND 3RD CROSS, MARNAMI BAIL SHIVAMOGGA-577201.
(By MR. HEMANTH R. RAO, ADV.) … PETITIONERS AND:
1. STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL URBAN DEVELOPMENT DEPARTMENT VIDHANA SOUDHA, VIDHANA VEEDHI BANGALORE-560001.
2. SHIVAMOGGA CITY CORPORATION REPTD. BY ITS COMMISSIONER OPP TO GANDHI PARK SHIVAMOGGA-577201 SHIVAMOGGA-577001.
(BY MR. B. BALAKRISHNA, AGA FOR R1 MR. H.R. SHOWRI, ADV., FOR R2) - - -
… RESPONDENTS THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED NOTIFICATION DTD:24.2.2018 PRODUCED AT ANNEXURE-B ISSUED BY R-2. DIRECT RESTRAIN THE RESPONDENTS FROM HIRING THROUGH TENDERS FOR THE WORKS CARRIED OUT BY POURAKARMIKAS AND ETC.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Mr.Hemanth R. Rao, learned counsel for the petitioners.
Mr.B.Balakrishna, learned Additional Government Advocate for the respondent No.1.
Mr.H.R.Showri, learned counsel for the respondent No.2.
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 inter alia seek a writ of certiorari for quashment of tender notification dated 24.02.2018 by which service of labourers from private man power agencies to manage drainage chambers using the sucking and jetting machine, desilting machine and rading within the jurisdiction of Shimoga City Corporation was invited for one year.
4. The term of tender notification has come to an end by efflux of time by the end of March 2019. Till today, the respondents have not finalized the tender. Therefore, the respondents cannot be permitted to open the aforesaid tender. In the result, the impugned tender notification is hereby quashed. Needless to state that the respondents shall be at liberty to issue fresh tender notification, if so advised.
With the aforesaid observation, the petitions are disposed of.
Sd/- JUDGE RV