IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16th DAY OF JANUARY, 2019 PRESENT HON’BLE MR.JUSTICE DINESH MAHESHWARI, CHIEF JUSTICE AND HON’BLE MR.JUSTICE ARAVIND KUMAR WRIT PETITION NO.52883/2017 (GM-RES-PIL) BETWEEN:
1. SRI. MADHAVA S/O NARSI HARIJANA AGED ABOUT 38 YEARS HUNGARAKATTE POST UDUPI TALUK AND DISTRICT KARNATAKA-576211.
2. SRI. CHANDRA S/O DEVA, AGED ABOUT 35 YEARS KATTINA MANE KARANTHARA BETTU IRODI VILLAGE AND POST UDUPI TALUK AND DISTRICT KARNATAKA-576211 3. SRI U. SURENDRA SHENOY S/O LATE NARSIMHA SHENOY AGED ABOUT 49 YEARS POORNIMA CLOTH STORE SASTHANA POST AIRODY VILLAGE UDUPI TALUK AND DISTRICT PIN-576211 ... PETITIONERS (BY SRI PAVAN CHANDRA SHETTY H, ADVOCATE) AND:
1. UNDER SECRETARY TO THE GOVERNMENT OF KARNATAKA DEPARTMENT OF ANIMAL HUSBANDRY AND FISHERIES NO.405, 4TH FLOOR VIKAS SOUDHA BANGALORE-560 001.
2. THE NATIONAL FISHERIES DEVELOPMENT BOARD REP. BY MANAGING DIRECTOR FISH BUILDING, PILLAR NO.235 PVNR EXPRESS WAY, SYPNPA HYDERABAD-500052 3. NATIONAL BANK OF AGRICULTURE AND RURAL DEVELOPMENT NO.46, NABARD TOWER, K.G.ROAD BANGALORE-560 009 4. THE MANAGING DIRECTOR KARNATAKA FISHERIES DEVELOPMENT CORPORATION LTD., HOIGE BAZAR MANGALORE-575001.
5. THE PRESIDENT UDUPI NIRMITHI KENDRA RURAL RAJATHADRI, MANIPAL UDUPI DIST.-576211.
(BY SRI D. NAGARAJ, AGA FOR R1;
... RESPONDENTS SRI O. SHIVARAMA BHAT, ADVOCATE FOR R4) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT QUO WARRANTO UNDER WHAT AUTHORITY THE CONTRACT WAS AWARDED TO THE R-5 ANNEXURE-D.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:
ORDER The petitioners, who are the residents of Sasthana Village, Udupi Taluk and District, are seeking for a direction to the respondent No.1 to follow the provisions of the Karnataka Transparency in Public Procurements Act, 1999 (‘the Act’), contending inter alia that a building for housing the fish market at Sasthana is being constructed without following the provisions of the Act.
Per contra, Shri D.Nagaraj, learned Additional Government Advocate has reiterated the pleas and grounds urged in the statement of objections by contending that the State Government has exempted the respondent No.5 from application of the Act under Section 4(g) thereof, by way of the notification dated 17.10.2016. Hence, he prays for dismissal of the writ petition.
We have heard Shri H.Pavan Chandra Shetty, learned counsel for the petitioners, Shri D.Nagaraj, learned Additional Government Advocate for the respondent No.1 and Shri O.Shivaram Bhat, learned Advocate for the respondent No.4. Perused the records.
By the order dated 06.10.2016 (Annexure-A) the respondent No.1 has resolved to construct a building for establishing fish market at Sansthana along with incidental infrastructure at an estimated cost of Rs.200 Lakhs. The only prayer sought for in this petition is to direct the respondent No.1 to follow the provisions of the Act with the submissions that as per Section 2(f) of the Act, the ‘construction activity’ is also covered and as such, the respondent No.1 ought to follow the provisions of the Act.
In the light of exemption from the Act having been granted by the respondent No.1, which enables different Departments of the Government as well as Nirmithi Kendras in the districts of Udupi, Bagalkot, Kolar, etc. and which has been enumerated in the exemption notification dated 17.10.2016 (Annexure-R-1), the prayer of the petitioners would not survive for consideration or adjudication.
Hence, the petition stands dismissed. However, other aspects of the matter are left open to be agitated by the petitioners, in accordance with law, in the appropriate forum.
No order as to costs.
SD/- CHIEF JUSTICE SD/- JUDGE DR