IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JANUARY, 2019 PRESENT THE HON’BLE MR. JUSTICE L. NARAYANA SWAMY AND THE HON’BLE MR.JUSTICE ARAVIND KUMAR WRIT PETITION NO.108854/2018 (GM-TEN) BETWEEN:
SRI. HARSHA M.S. AGE: 35 YEARS, OCC: BUSINESS, R/O. MURANDI, TQ: ARSIKERE, DIST: HASSAN – 573 123 (BY SRI MAHESH R. UPPIN, ADVOCATE) AND:
1. THE STATE OF KARNATAKA BY ITS SECRETARY TO GOVERNMENT (MINES-2) COMMERCE AND INUDSTRY DEPARTMENT, M.S.BUILDING, BENGALURU – 560 001 2. THE DISTRICT SAND COMMITTEE BY ITS MEMBER SECRETARY & DEPUTY DIRECTOR (IN-CHARGE), DEPT. OF MINES & GEOLOGY, NO.63/A, BRUNDAVAN SECTOR, NAVANAGAR, BAGALKOT-586123 3. THE DEPUTY COMMISSIONER AND CHAIRMAN OF DISTRICT SAND ...PETITIONER COMMITTEE, BAGALKOT, DIST: BAGALKOT-586123 ...RESPONDENTS (BY SRI. V.G.BHANUPRAKASH, AGA FOR R-1) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 & 227 OF CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED: 19.12.2018 VIDE ANNEXURE- A.
THIS PETITION COMING ON FOR ORDERS THIS DAY, ARAVIND KUMAR J. MADE THE FOLLOWING:
O R D E R Petitioner has called in question the tender notification dated 18.05.2017, whereunder second respondent has invited for bids from prospective bidders for sand mining through e-procurement.
2. Second respondent by the impugned endorsement dated 19.12.2018–Annexure-A has rejected the bid of the petitioner on the ground of petitioner not meeting with the technical specifications as indicated in the notification namely, not having submitted the Income Tax Returns of three (3) preceding years/assessment orders for the previous financial year.
3. Impugned endorsement being appealable under Section 16 of the Karnataka Transparency in Public Procurements Act, 1999 and petitioner having not availed said remedy, we are not inclined to entertain the present writ petition on said ground. Accordingly, writ petition is hereby rejected with liberty to the petitioner to file an appeal before the appellate authority challenging the impugned order.
4. It is made clear that in the event of such appeal being filed, which shall not be later than one (1) week from today, appellate authority shall consider the same on merits and dispose of the appeal in accordance with law expeditiously at any rate within 30 days.
Learned Government Advocate is permitted to file memo of appearance within four (4) weeks from today.
SD/- JUDGE SD/- JUDGE DR