IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF APRIL, 2017 PRESENT THE HON’BLE MR. SUBHRO KAMAL MUKHERJEE, CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE P.S.DINESH KUMAR WRIT PETITION NO. 18005 OF 2017 (GM-MM-S) BETWEEN SRI ASHOK RAMAPPA RATHOD SAND MINING CONTRACTOR R/O ILKAL HUNGUND TALUK BAGALKOT DISTRICT.
(BY SMT.SHALINI PATIL, ADVOCATE) AND ... PETITIONER 1. THE TAHASILDAR HUNGUND POST HUNGUND BAGALKOT DISTRICT-587101.
2. THE ASSISTANT EXECUTIVE ENGINEER PUBLIC WORKS PORTS AND INLAND WATER TRANSPORT DEPARTMENT HUNGUND SUB DIVISION HUNGUND BAGALKOT DISTRICT 3. THE EXECUTIVE ENGINEER PUBLIC WORKS PORTS AND INLAND WATER TRANSPORT DEPARTMENT, BAGALKOT DIVISION BAGALKOT-587101.
... RESPONDENTS (BY SRI V.SREENIDHI, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DTD:30.3.2017 PASSED BY R-3 VIDE ANNEXURE-E, AND GRANT AN INTERIM ORDER TO STAY THE OPERATION, IMPLEMENTATION EXECUTION AND ALL FURTHER PROCEEDINGS DTD:30.3.2017 VIDE ANNEXURE-E PASSED BY R-3.
THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE CHIEF JUSTICE MADE THE FOLLOWING:
ORDER Issue notice to the respondents.
2. Mr.V.Sreenidhi, learned additional government advocate, accepts notice for all the respondents. Therefore, formal service of notice of the writ petition to them is dispensed with.
3. The respondent No.3-Executive Engineer, Public Works, Ports and Inland Water Transport Department, Bagalkot Division, invoking condition No.15 of the tender, cancelled the contract and ordered for forfeiture of the earnest money of the writ petitioner, without notice and opportunity of hearing. Cancellation of contract and forfeiture of EMD meets the petitioner with civil consequences.
4. Since the order impugned is passed without notice to the petitioner, it is unsustainable in law. Therefore, we set aside the said order and direct the third respondent to reconsider the matter after issuing notice and affording an opportunity of hearing to the petitioner.
5. All contentions of both parties are kept open.
6. The writ petition stands disposed of.
7. We make no order as to costs.
Sd/- CHIEF JUSTICE Sd/- JUDGE vgh*