IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.11326 OF 2019 (GM-RES) BETWEEN:
M/s Sri. Manjunatha Borewells Shidlaghatta, Carrying its business at Abllodu Village and Post, Shidlaghatta Taluk, Chikkaballapura District-562 105 Represented by its Proprietor, Shri. A. N. Manjunath.
(By Sri. D. R. Ravishankar, Advocate) And:
… Petitioner 1. The State of Karnataka Social Welfare Department, Vikasa Soudha, Dr Ambedkar Road, Bengaluru-560 001 Rep. By its Addl. Chief Secretary.
2. The Deputy General Manager Chairman Tender Serutiny Authority, Dr. B.R. Ambedkar Development Corporation Ltd., No.SA-11, 2nd Floor, Jilladhalitha Bhavana, Shidlaghatta Road, Chikkaballapura – 562 101.
3. The District Manager/ Tender Inviting Authority, Dr. B.R. Ambedkar Development Corporation Ltd., No.SA-11-2nd Floor, Jilladhalitha Bhavana,. Shidlaghatta Road, Chikkaballapura - 562 101.
4. The Deputy Commissioner Tender Accepting Authority, Dr. B. R. Ambedkar Development Corporation Ltd., No.SA-11, 2nd Floor, Jilladhalitha Bhavana,. Shidlaghatta Road, Chikkaballapura - 562 101.
… Respondents (By Sri. Y. D. Harsha, AGA) This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to direct to the R2 and 4 to issue work order to the petitioner as per the tender notification dated 23.8.2017 by considering the representations submitted by the petitioner as per Annexures-A to A3 dated 21.02.2019 and 05.03.2019 as the petitioner is the lowest bidder [L1].
This Petition coming on for Preliminary Hearing, this day, the court made the following:-
ORDER Sri. D. R. Ravishankar, learned counsel for the petitioner.
Sri. Y. D. Harsha, learned Additional Government Advocate for respondent No.1.
Taking into account the order which this Court proposes to pass, it is not necessary to issue notice to respondent Nos.2 to 4.
2. Petition is admitted for hearing. With the consent of learned counsel for the parties, the same is heard finally.
3. In this petition, petitioner inter alia seeks for a direction to respondent No.4 to consider the representations submitted by the petitioner contained in Annexures-A2 and A3 dated 21.02.2019 and 05.03.2019 and to take a decision with regard to awarding the Contract.
4. When the matter was taken up today, learned counsel for the petitioner submitted that the petitioner is the lowest bidder and has submitted representations contained under Annexures-A2 and A3 dated 21.02.2019 and 05.03.2019 and respondent No.4 be directed to take appropriate action in accordance with law on the aforesaid representations.
5. On the other hand, learned Additional Government Advocate submits that suitable action in accordance with law on the representations submitted by the petitioner shall be taken.
6. In view of the submissions made and in the facts of the case, petition is disposed of with a direction to respondent No.4-the Deputy Commissioner to take decision on the representations submitted by the petitioner contained under Annexures-A2 and A3 dated 21.02.2019 and 05.03.2019 by a speaking order within a period of two weeks from the date of receipt of certified copy of the order passed today.
7. It is made clear that this Court has not expressed any opinion on the rights and claim of the petitioner.
Accordingly, writ petition is disposed of.
Sd/- JUDGE Mds/-