IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.44214 OF 2016 (GM-TEN) BETWEEN:
SRI B PARASHURAM S/O. SRI. BASAVANNAPPA, AGED ABOUT 45 YEARS, PROPRIETOR OF B S TRANSPORT, HOSPETE EXTENSION, HALE SORABA POST, SORABA TALUK, SHIVAMOGGA DISTRICT- 577429 … PETITIONER (By Mr. K S RAGHAVENDRA, ADV., FOR Mr. SHIVANANDA S ADV.,) AND:
1.THE PRINCIPAL SECRETARY TO GOVERNMENT FOOD AND CIVIL SUPPLIES DEPARTMENT, VIKASA SOUDHA, VIDHANA VEEDHI, BENGALURU 560001.
2.THE COMMISSIONER FOOD AND CIVIL SUPPLIES AND CONSUMER AFFAIRS DEPARTMENT, NO. 8, KSCMF BUILDING, CUNNINGHAM ROAD, BENGALURU – 560052.
3.THE DEPUTY COMMISSIONER SHIVAMOGGA DISTRICT, SHIVAMOGGA – 577429. … RESPONDENTS (By Mr. VIJAY KUMAR A PATIL AGA FOR R1 TO R3) - - -
This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to quash the impugned portion of Sub-Clause (VI) of Clause 5 of the E-Tender Notification dtd: 11.8.2016 issued by the R-2 as contained in Annexure-P as far as it relates to the portion reading “APMC Food grains Traders” and etc.
This Petition coming on for Preliminary Hearing in ‘B’ group this day, the Court made the following:-
ORDER Sri.K.S.Raghavendra, learned counsel for Sri.Shivananda S., learned counsel for the petitioner.
Sri.Vijay Kumar A.Patil, learned counsel for the respondents.
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, the petitioner inter alia has prayed for the following reliefs:
a) Grant an order, direction or writ in the nature of Certiorari, quashing the impugned portion of Sub-Clause (vi) of Clause 5 of the E-Tender Notification bearing No.FSA/SAGATU/E-SATEN/01/2016-17 dated 11/8/2016, issued by the 2nd Respondent, as contained in ANNEXURE-P, as far as it relates to the portion reading “APMC foodgrains traders”;
b) Grant an order, direction or writ in the nature of Mandamus, directing the Respondents to allow the petitioner to participate in the tender process by accepting the Tender offer documents from Petitioner without applying the impugned portion of Sub-Clause (vi) of Clause 5 of the E-Tender Notification bearing No.FSA/SAGATU/E- SATEN/01/2016-17 dated 10/8/2016, issued by the 2nd Respondent, as contained in ANNEXURE-P, as far as it relates to the portion reading “APMC foodgrains traders”, c) Grant an order, direction or writ in the nature of Mandamus to consider the representations given by the Petitioner to First and Second Respondents, as contained ANNEXURE-Q and R, dtd:16.8.16 to remove the portion of condition in clause 5 sub clause (vi) of the E-Tender Notification as contained in ANNEXURE-P d) and grant such other relief or reliefs as this Hon’ble Court may deem fit to grant, including cost of the Petitioner, in the facts and circumstances of the case, in the interest of justice and equity.
4. When the matter was taken up today, Sri.Vijay Kumar A.Patil, learned Additional Government Advocate submits that the tender was invited on 11.08.2016 for a period from 01.10.2016 to 30.09.2018. The contract in question has been awarded in favour of the petitioner and the period of contract is already over. Therefore, nothing survives for adjudication in this petition.
5. In view of the aforesaid submissions, the petition is disposed of with a liberty to the petitioner to seek revival in this petition in case the grievance of the petitioner still survives.
Sd/ JUDGE RV