IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.35582/2019 (GM-TEN) BETWEEN:
SHANKAR GOUDA H.HOSAMANI AGED ABOUT 43 YEARS S/O NINGANGOUDA HOSMANI R/AT LAKSHMI NIVAS NO.20 BEHIND BIRADER PARAMEDICAL BANJARA CROSS, VIJAYAPUR – 586 103 … PETITIONER (BY SRI PHANIRAJ KASHYAP, ADVOCATE) AND:
1. STATE OF KARNATAKA REP. BY CHIEF SECRETARY VIKASA SOUDHA BENGALURU – 560 001 2. HEALTH AND FAMILY WELFARE DEPARTMENT ENGINEERING WING OFFICE AT 1ST FLOOR, PHI BUILDING, SESHADRI ROAD BENGALURU – 560 001 3. THE CHIEF ENGINEER HEALTH AND FAMILY WELFARE DEPARTMENT ENGINEERING WING OFFICE AT 1ST FLOOR, PHI BUILDING SESHADRI ROAD BENGALURU – 560 001 … RESPONDENTS (BY SRI VIJAY KUMAR A. PATIL, AGA FOR R1 & R2; SRI ZULFIKIR KUMAR SHAFI, ADVOCATE FOR R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 17.07.2019 (ANNEXURE–A) ETC.
THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Sri Phaniraj Kashyap, learned Counsel for the petitioner.
Sri Vijaykumar.A.Patil, learned Additional Government Advocate for respondent Nos.1 and 2.
Sri Zulfikir Kumar Shafi, learned Counsel for respondent No.3.
2. After arguing the matter to some extent and taking into account the fact that the bid has already been done and work order has already been issued on 05.08.2019, learned Counsel for the petitioner fairly submits that he be granted liberty to file an appeal under Section 16 of the Karnataka Transparency in Public Procurements Act, 1999.
3. In view of the aforesaid submission, the petition is disposed of with liberty to the petitioner to file an appeal under Section 16 of the Karnataka Transparency in Public Procurements Act, 1999. Needless to state that in case, the petitioner files an appeal within a period of two weeks from the date of receipt of a copy of the order passed today, the Appellate Authority shall decide the appeal on merits preferably by a speaking order after affording an opportunity of hearing to the parties within two months there from.
Accordingly, the petition is disposed of.
Sd/- JUDGE KSR