IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF AUGUST 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.16094/2018 (GM-TEN) BETWEEN:
SRI K. SHANKAR, S/O LATE KARIGOWDA, AGED ABOUT 40 YEARS, SHIVAPURA, B. M. ROAD, MADDUR TALUK, MANDYA DISTRICT.
(BY SRI. SANTOSHRAJ C. DESHMUKH, ADV.) AND:
1. THE COMMISSIONER, ... PETITIONER FOOD, CIVIL SUPPLIES & CONSUMER DEPARTMENT, CUNNINGHAM ROAD, BANGALORE – 560 001.
2. THE CHIEF ACCOUNTS OFFICER, FOOD, CIVIL SUPPLIES & CONSUMER DEPARTMENT, CUNNINGHAM ROAD, BANGALORE – 560 001.
3. N. NINGARAJU, S/O NINGEGOWDA, AGED ABOUT 36 YEARS, PROPRIETOR N. J. ENTERPRISE, APMC ROAD, V. V. NAGAR, KALAHALLI EXTENSION, MANDYA – 571 401.
... RESPONDENTS (BY SRI. SRIDHAR N. HEGDE, HCGP FOR R1 & R2, R3 IS SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO DISQUALIFY THE SAID NINGARAJU/ RESPONDENT NO.3 FROM THE TENDER PROCESS PRODUCED AT ANNEXUER-A.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R None had appeared on behalf of the petitioner on 18.06.2019 as well as on 09.07.2019.
Sri. Sridhar N.Hegde, learned High Court Government Pleader for respondents 1 & 2.
2. Perused the records. Petition is admitted for hearing.
3. In this petition under Articles 226 & 227 of the Constitution of India, the petitioner inter alia seeks a writ of mandamus directing respondents to disqualify respondent No.3 from the tender process.
4. From the perusal of the records, it is evident that respondents 1 and 2 had issued a tender notification dated 07.10.2017 for transportation of food grains and other items from KFCSC/TAPCMS godowns to fair price shops for the period from 2017-
18. The period of tender has already come to an end.
Therefore, by efflux of time, nothing survives for adjudication in this writ petition. Accordingly, writ petition is dismissed as having become infructuous.
Sd/- JUDGE PKS