IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JULY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.30499 OF 2019 (GM-TEN) BETWEEN:
S.L.P.INFRA ENGINEER PVT. LTD., # 13, 2ND CROSS, 2ND STAGE, 1ST PHASE, CHANDRA LAYOUT, BENGALURU-560 048.
REPRESENTED BY ITS MANAGING DIRECTOR, H.K.SURESH, S/O.KEMPEGOWDA, AGED ABOUT 48 YEARS. ... PETITIONER (BY SRI. RAJENDRA S., ADVOCATE FOR SRI. S.V.PRAKASH, ADVOCATE) AND:
1. BRUHATH BENGALURU MAHANAGARA PALIKE, N R SQUARE, BENGALURU-560 001. REPRESENTED BY ITS COMMISSIONER.
2. CHIEF ENGINEER, BRUHATH BENGALURU MAHANAGARA PALIKE, YELAHANKA ZONE, BENGALURU-560 064.
3. EXECUTIVE ENGINEER, BRUHATH BENGALURU MAHANAGARA PALIKE, YELAHANKA DIVISION, BENGALURU-560 064. ... RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS COMMANDING THE R-1 TO DISPOSE OF THE APPEAL PETITION DTD:28.2.2019 FILED BY THE PETITIONER AGAINST THE REJECTING OF TECHNICAL BID OF THE PETITIONER IN RESPECT OF THE INDENT NO.34202, 34203 AND 34205 AND APPEAL PETITION DTD:2.3.2019 FILED BY THE PETITIONER AGAINST THE REJECTION OF TECHNICAL BID OF THE PETITIONER IN RESPECT OF INDENT NO.34219 IN RESPECT OF VARIOUS WORKS IN YELAHANKA DIVISION OF BRUHATH BENGALURU MAHANAGARA PALIKE PRODUCED AS PER ANNEXURE-D, D1, D2 & D3 TO THE W.P.
THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Sri. Rajendra S., learned counsel for Sri. S.V. Prakash, learned counsel for the petitioner.
Taking into account, the order which this Court proposes to pass, it is not necessary to issue notice to the respondents.
2. In this petition, the petitioner inter alia seeks direction to respondent No.1 to dispose of the appeal petition dated 28.02.2019 filed by the petitioner against the rejection of technical bid of the petitioner in respect of indent Nos.34202, 34203 and 34205 and appeal petition dated 02.03.2019 filed by the petitioner against the rejection of technical bid of the petitioner in respect of Indent Nos.34219 in respect of various works in Yelahanka Division of Bruhath Bengaluru Mahanagara Palike produced as per Annexures-D, D1, D2 and D3 to the writ petition.
3. When the matter was taken up today, learned counsel for the petitioner submitted that being aggrieved by the rejection of technical bid, the petitioner has filed an appeal on 28.02.2019, however, the same has not been decided till today and the appellate authority be directed to decide the application within a time bound manner.
4. In view of the aforesaid submission and in the facts of the case, the petition is disposed of with a direction to the appellate authority to decide the appeal preferred under Section 16 of the Karnataka Transparency in Public Procurements Act, 1999, in accordance with law, by a speaking order, after affording an opportunity to both parties, within a period of four weeks from today.
Sd/- JUDGE BMC/-