IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF AUGUST 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.12693 OF 2019 C/W W.P.NOS.12694/2019, 12695/2019 & 12696/2019 (GM-TEN) In W.P.No.12693/2019 Between:
M/s. Shri Shirdi Sai Provision Stores Office/at: M.G. Road Chikkaballapura – 562 101 Rep by its Proprietor Mr. Santosh S/o Mr. S. Venkatesh Aged about 43 years … Petitioner (By Sri. Hemant Chandangoudar, Advocate) And:
1. The State of Karnataka Represented by its Secretary Backward Classes Welfare Department M. S. Building Bengaluru – 560 001 2. The Deputy Commissioner Tumkur District – 572 101 3. The District Officer Backward Class Welfare Department Near DC Office, Tumkur District Tumkur – 572 101 4. M/s. Nanjundeshwara Enterprises Maruthi Nagar, Bukkapatna Sira Taluk, Tumkur District Tumkur – 572 101 Represented by its Proprietor Mr. Satyanarayan … Respondents (By Sri. Vijay Kumar A. Patil, AGA for R1 to R3;
Sri. Bimbadhar M. Gowder, Advocate for R4-absent) This Writ Petition is filed under Article 226 of the Constitution of India, praying to direct respondent Nos.1 to 4 to award the contract in favour of the petitioner pursuant to the tender notification issued by respondent No.2 vide Annexure-C and etc.
In W.P.No.12694/2019 Between:
M/s. Shri Shirdi Sai Provision Stores Office/at: M.G. Road Chikkaballapura – 562 101 Rep by its Proprietor Mr. Santosh S/o Mr. S. Venkatesh Aged about 43 years … Petitioner (By Sri. Hemant Chandangoudar, Advocate) And:
1. The State of Karnataka Represented by its Secretary Backward Classes Welfare Department M. S. Building Bengaluru – 560 001 2. The Deputy Commissioner Tumkur District – 572 101 3. The District Officer Backward Class Welfare Department Near DC Office, Tumkur District Tumkur – 572 101 4. M/s. Nanjundeshwara Enterprises Maruthi Nagar, Bukkapatna Sira Taluk, Tumkur District Tumkur – 572 101 Represented by its Proprietor Mr. Satyanarayan … Respondents (By Sri. Vijay Kumar A. Patil, AGA for R1 to R3;
Sri. Bimbadhar M. Gowder, Advocate for R4-absent) This Writ Petition is filed under Article 226 of the Constitution of India, praying to direct respondent Nos.1 to 4 to award the contract in favour of the petitioner pursuant to the tender notification issued by respondent No.2 vide Annexure-C and etc.
In W.P.No.12695/2019 Between:
M/s. Shri Shirdi Sai Provision Stores Office/at: M.G. Road Chikkaballapura – 562 101 Rep by its Proprietor Mr. Santosh S/o Mr. S. Venkatesh Aged about 43 years … Petitioner (By Sri. Hemant Chandangoudar, Advocate) And:
1. The State of Karnataka Represented by its Secretary Backward Classes Welfare Department M. S. Building Bengaluru – 560 001 2. The Deputy Commissioner Tumkur District – 572 101 3. The District Officer Backward Class Welfare Department Near DC Office, Tumkur District Tumkur – 572 101 4. M/s. Nanjundeshwara Enterprises Maruthi Nagar, Bukkapatna Sira Taluk, Tumkur District Tumkur – 572 101 Represented by its Proprietor Mr. Satyanarayan S/o Mr. B. S. RamRao Aged about 52 years.
… Respondents (By Sri. Vijay Kumar A. Patil, AGA for R1 to R3; R4 served and unrepresented) This Writ Petition is filed under Article 226 of the Constitution of India, praying to direct respondent Nos.1 to 4 to award the contract in favour of the petitioner pursuant to the tender notification issued by respondent No.2 vide Annexure-C and etc.
In W.P.No.12696/2019 Between:
M/s. Shri Shirdi Sai Provision Stores Office/at: M.G. Road Chikkaballapura – 562 101 Rep by its Proprietor Mr. Santosh S/o Mr. S. Venkatesh Aged about 43 years … Petitioner (By Sri. Hemant Chandangoudar, Advocate) And:
1. The State of Karnataka Represented by its Secretary Backward Classes Welfare Department M. S. Building Bengaluru – 560 001 2. The Deputy Commissioner Tumkur District – 572 101 3. The District Officer Backward Class Welfare Department Near DC Office, Tumkur District Tumkur – 572 101 4. M/s. Maruthi Enterprises Main Road Soraba Taluk Soraba – 577 429 Represented by its Proprietor Mr. Hanumanthappa.
… Respondents (By Sri. Vijay Kumar A. Patil, AGA for R1 to R3;
R4 served through hand summons and unrepresented) This Writ Petition is filed under Article 226 of the Constitution of India, praying to direct respondent Nos.1 to 4 to award the contract in favour of the petitioner pursuant to the tender notification issued by respondent No.2 vide Annexure-C and etc.
These Writ Petitions coming on for Orders, this day, the Court made the following:-
ORDER Sri. Hemant Chandangoudar, learned counsel for the petitioner.
Sri. Vijay Kumar A. Patil, learned Additional Government Advocate for respondent Nos.1 to 3.
Learned counsel for the petitioner submits that amended petitions have been filed.
The petitions are admitted for hearing. With the consent of learned counsel for the parties, the same are heard finally.
2. In these petitions, the petitioner inter alia has assailed the validity of the tender notification dated 26.12.2018 issued by respondent No.2.
3. When the matters were taken up today, learned Additional Government Advocate submitted that the work order has already been issued and the petitioner has an alternative efficacious remedy of filing an appeal under Section 16 of the Karnataka Transparency in Public Procurements Act, 1999 (hereinafter referred to as ‘the Act’ for short).
4. In view of the aforesaid submission, learned counsel for the petitioner submits that the writ petitions be disposed of with liberty to file an appeal under Section 16 of the Act.
5. In view of the submissions made and in the facts of the case, the writ petitions are disposed of with a direction that in case the petitioner files an appeal within a period of two weeks from the date of receipt of certified copy of the order passed today, the appellate authority after affording an opportunity of hearing to all the necessary parties, shall decide the appeal in accordance with law by a speaking order within a period of two months from the date of filing of such an appeal.
6. It is made clear that this Court has not expressed any opinion on the merits of the case.
Accordingly, the petitions are disposed of.
Sd/- JUDGE Mds/-