IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JULY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.31063/2018 (GM-TEN) BETWEEN:
SHRI R.KIRAN S/O LATE SHRI RAJKUMAR AGED 49 YEARS PROPRIETOR M/S KIRAN TRANSPORTS H & T CONTRACTORS I MAIN ROAD NEW MANDIPETE TUMKUR … PETITIONER (BY SRI RAMAPRASAD S.N, ADVOCATE - ABSENT) AND:
KARNATAKA STATE WARE HOUSING CORPORATION BEEJA BHAVAN 4TH AND 5TH FLOOR BELLARY ROAD HEBBAL BENGALURU R/P BY ITS MANAGING DIRECTOR … RESPONDENT (BY SRI T.SOMASHEKAR, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENTIRE TENDER PROCESS VIDE RE-TENDER NOTIFICATION DATED 18.06.2018 PUBLISHED IN VIJAY KARNATAKA DAILY NEWSPAPAER DATED 21.06.2018 ISSUED BY THE RESPONDENT AT ANNEXURE-A AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R None for the petitioner.
Sri T.Somashekar, learned counsel for the respondent. Records perused.
2. In this petition, the petitioner inter alia seeks for quashing of the notification dated 18.06.2018 for fresh tender issued by the respondent, which was published in Vijay Karnataka daily newspaper dated 21.06.2018.
3. The aforesaid tenders were invited for transportation of food grains supplied by Food Corporation of India and for handling and transporting fertilizers, agricultural manure and other notified goods through E-procurement in 112 centres spanning through out Karnataka. The date of opening of financial bids was fixed on 20.07.2018.
4. The writ petition is pending before this Court since 2018 in which no interim order has been passed. By now, the process of tender must have been completed and third party interest in respect of the contract must have been created by the respondent. Therefore, the petitioner has an alternative efficacious remedy under Section 16 of the Karnataka Transparency in Public Procurements Act, 1999 (‘the Act’ for short). The petition is therefore disposed of with liberty to the petitioner to take recourse of the alternative remedy provided to him under Section 16 of the Act, if so advised.
Accordingly, the writ petition is disposed of.
Sd/- JUDGE hkh.