IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30th DAY OF JULY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO. 30497 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 S.V. PRAKASH, ADV.) AND:
1. BRUHATH BENGALURU MAHANAGARA PALIKE N.R. SQUARE, BENGALURU-560 001 REPRESENTED BY ITS COMMISSIONER 2. CHIEF ENGINEER BRUHATH BENGALURU MAHANAGARA PALIKE DASARAHALLI ZONE, MEI LAYOUT HESARAGHATTA MAIN ROAD BENGALURU-560 073.
3. EXECUTIVE ENGINEER BRUHATH BENGALURU MAHANAGARA PALIKE DASARAHALLI DIVISION, MEI LAYOUT HESARAGHATTA MAIN ROAD BENGALURU-560 073.
… 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 FIRST RESPONDENT TO DISPOSE OF THE APPEAL PETITION DATED 21.05.2019 SO FAR AS IT RELEATES TO INDENT NO.34972; INDENT NO.34970; INDENT NO.34969, INDENT NO.30149, INDENT NO.BBMP/EE/-DD/PL/TEND/08-2017-18/CALL-2 PRODUCED AS PER ANNEXURES-D,D1,D2,D3 AND D4 TO THE WRIT PETITION AND ALSO IN RESPECT OF THE TECHNICAL BID IN RESPECT OF INDENT NO.32752 AND 32753 PRODUCED AS PER ANNEXURES-E AND E1 TO THE WRIT PETITION AND ETC.
THIS PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Sri.S.V.Prakash, learned counsel for the petitioner.
2. The petition is admitted for hearing. With consent of the learned counsel for the parties, the same is heard finally.
3. In this petition filed under Articles 226 and 227 of the Constitution of India, petitioner has prayed for issue of a writ in the nature of mandamus directing the first respondent to dispose of the appeal petition dated 21.05.2019 so far as it relates to Indent No.34972; Indent No.34970; Indent No.34969; Indent No.30149; Indent No.BBMP/ EE/ DD/ PL/ TEND/08-2017-18/ Call-2 produced as per Annexures-D, D1, D2, D3 and D4 to the writ petition and also in respect of the technical bid in respect of indent Nos.32752 and 32753 produced as per Annexures-E and E1 to the writ petition.
4. When the matter was taken up today, learned counsel for the petitioner submitted that the petitioner has filed an appeal on 24.08.2018 under Section 16 of the Karnataka Transparency in Public Procurements Act, 1999 before the Appellate Authority and the writ petition is disposed of with a direction to the Appellate Authority to decide the appeal in a time-bound manner.
5. In view of the aforesaid submission, the Writ Petition is disposed of with a direction to the Appellate Authority to dispose of the appeal after affording an opportunity to the parties by a speaking order within a period of six weeks from the date of receipt of a copy of this order.
Accordingly, the petition is disposed of.
Sd/- JUDGE BNV