IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 18TH DAY OF JANUARY, 2019 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO.3639 OF 2018 (GM-TEN) Between:
Sri.K.M. Suresh S/o Late K.Mallaveeraiah Aged about 49 years Residing at Kodipura Village Kasaba Hobli, Channapattana Taluk, Ramanagar District – 562 160.
... Petitioner (By Sri A.V.Amarnathan, Advocate - Absent) And 1. State of Karnataka Vidhanasoudha, Ambedkar Veedi Bengaluru – 560 001 (Rep by its Chief Secretary) 2. Assistant Director Fisheries Department (Grade-2) Channapattana Taluk Ramanagar District – 562 160.
3. Mohamed Vakil Mohamad S/o. Abdul Vahab Residing at Honganur Channapattana Taluk Ramanagar District – 562 160.
... Respondents (By Sri.Vijaya Kumar A.Patil, AGA for R1 & R2; Sri.M.S. Mukarram, Advocate for R3) This writ petition is filed under Articles 226 & 227 of the Constitution of India, praying to set aside the tender allotted to R-3 as per the tender notification dated 07.12.2017 produced at Annexure-B and etc.
This writ petition coming on for Order this day, the Court made the following:-
ORDER The learned Additional Government Advocate files a memo placing on record that pursuant to the impugned tender notification dated 07.12.2017, necessary work order has been issued to respondent No.3 on 28.02.2018, after due process. Therefore, the writ petition would not survive.
2. This memo is filed in continuation of the submission made by the learned AGA on 11.01.2019, when it was pointed out that the petitioner participated in tender process dated 15.11.2017. But, auction in terms thereof could not be held as scheduled because of certain untoward incident at the time of the auction. Therefore, the impugned tender notification dated 07.12.2017 was issued.
However, the petitioner did not participate in the tender notified vide Notification dated 07.12.2019.
3. None appears for the petitioner during the previous hearing date. None appear for the petitioner even today.
In view of the circumstances placed on record by the learned Additional Government Advocate, the writ petition would not survive and is accordingly disposed of.
Sri.Vijaya Kumar A.Patil, learned AGA is permitted to file memo of appearance for respondent Nos.1 and 2, within a period of four weeks.
SD/- JUDGE dn/nms