IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NOS.19717-719/2015 (GM-TEN) BETWEEN:
SRI.H.R. VIJAYA, S/O LATE RAMAIAH, AGED ABOUT 52 YEARS, R/O HOUSE NO.490, INDIRA LAYOUT, 1st BLOCK, KUSHALNAGAR, SOMWARPET TALUK, MADIKERI DISTRICT-571 234. ... PETITIONER (BY SRI.VEERESHA KUMAR SIVASALI, ADVOCATE FOR PETITIONER ABSENT) AND:
1. THE PRINCIPAL SECRETARY TO GOVERNMENT OF KARNATAKA, PUBLIC WORKS DEPARTMENT, VIKASA SOUDHA, 3rd FLOOR, DR. AMBEDKAR ROAD, BANGALORE-560 001.
2. CHIEF ENGINEER, PUBLIC WORKS, PORTS & INLAND WATER TRANSPORT DEPARTMENT (SOUTH), K.R. CIRCLE, BANGALORE-560 001.
3. SUPERINTENDENT ENGINEER, PUBLIC WORKS, PORTS & INLAND WATER TRANSPORT DEPARTMENT , MANGALORE CIRCLE, MANGALORE-575 001.
4. EXECUTIVE ENGINEER, PUBLIC WORKS, PORTS & INLAND WATER TRANSPORT DEPARTMENT, KODAGU DIVISION, MADIKERI-571 201.
5. SRI.K.V. CHINNAIAH, S/O LATE VENKATASUBBAIAH, AGED ABOUT 49 YEARS, NO.247, ‘A’ BLOCK, 3RD STAGE, VIJAYANAGARA, MYSORE-17.
6. SRI.R. SIDDAMURTHI, AGED ABOUT 46 YEARS, NO.2096/1, 8TH CROSS, GANDHINAGAR, MANDYA-571 402.
7. SRI. SIRANGALA MUDLAPPA SWAMY, S/O MUDLAIAH, AGED ABOUT 38 YEARS, NO.409, VENKATESHWARA NILAYA, RADAKRISHNA LAYOUT, SOMESHWARA EXTENSION, 4TH BLOCK, KUSHALNAGARA, SOMAWARPET TALUK, KODAGU DISTRICT-571 234. ... RESPONDENTS (BY SRI.VIJAY KUMAR A PATIL, AGA FOR R1 TO R4; SRI.SUNEEL S. NARAYAN, ADVOCATE FOR R5; R6 SERVED; SRI.ROHITH GOWDA, ADVOCATE FOR R7) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH ANNEX-F THE LETTER DTD.1.4.2015 ISSUED BY R-4 HOLDING THAT, THE R-4 BEING ONLY A TENDER INVITING AUTHORITY HAS NO JURISDICTION TO CANCEL THE TENDER ACCEPTED BY THE TENDER ACCEPTING AUTHORITY OR HOLDING THAT, THE R-4 HAS EXCEEDED HIS JURISDICTION IN ISSUING THE LETTER DTD.1.4.2015 VIDE ANNEX-F AND ETC.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER None for the petitioner.
Sri.Vijay Kumar A Patil, learned Additional Government Advocate for Respondent Nos.1 to 4.
Sri.Suneel S.Narayan, learned counsel for Respondent No.5. Sri.Rohith Gowda, learned counsel for Respondent No.7.
2. Sri.Vijay Kumar A Patil, learned Additional Government Advocate submits that the Writ Petitions have been rendered infructuous on account of efflux of time as the period in respect of the tender which was awarded in favour of the petitioner has expired on account of efflux of time.
In view of the aforesaid submission, the Writ Petitions are dismissed as infructuous.
Sd/- JUDGE cbc