IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF AUGUST 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NOS.9231-9232/2018 (GM-TEN) BETWEEN:
1. SRI. P. GOPINATH REDDY S/O. LATE. P. CHINNATHAMBI REDDY AGED ABOUT 54 YEARS No.6, BEHIND SANDHYA THEATRE OLD MADIWALA ROAD BENGALURU – 560 068.
2. C.R. VEERANARAYANA CHARY S/O. LATE. K. RAMACHARY AGED ABOUT 66 YEARS No.705, “SRI. VEERABRAHMA KRUPA” 5TH CROSS, UPKAR RESIDENCY LAYOUT VISHWANEEDAM (POST) BENGALURU – 560 002 (BY SRI. VARUN J. PATIL, ADV.) ... PETITIONERS AND 1. THE COMMISSIONER BRUHATH BENGALURU MAHANAGARA PALIKE N.R. SQUARE BENGALURU – 560 002 2. THE JOINT COMMISSIONER (HEALTH AND MSW) BRUHATH BENGALURU MAHANAGARA PALIKE N.R. SQUARE BENGALURU – 560 002 3. THE EXECUTIVE ENGINEER 2, SWM-1 BRUHATH BENGALURU MAHANAGARA PALIKE 2ND FLOOR, DASAPPA HOSPITAL PREMISES N.R. SQUARE BENGALURU – 560 002.
4. THE STATE OF KARNATAKA URBAND DEVELOPMENT DEPARTMENT VIKASA SOUDHA BENGALURU – 560 001 REPRESENTED BY PRINCIPAL SECRETARY …RESPONDENTS (BY SRI. K.N. PUTTEGOWDA, ADV., FOR R-1 TO R-3; SRI. SRIDHAR N. HEGDE, ADV., FOR R-4) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE SHORT TERM TENDER DATED NIL VIDE ANNEXURE-A AND ETC.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Sri. Varun J., learned counsel for the petitioners.
Sri. K. N. Puttegowda, learned counsel for the respondent Nos.1 to 3. Sri. Sridhar N. Hegde, learned HCGP for respondent No.4.
2. Petitions are admitted for hearing. With consent of the parties, same is heard finally.
3. In these petitions, the petitioners inter alia have prayed for the following reliefs:
a) Issue a writ of certiorari quashing the short term tender dated NIL bearing No.EE-2/SWM-1/TEND/03/17-18 at Annexure-A.
b) Issue a writ in the nature of mandamus or any other appropriate writ or such other writ, order or direction as may be deemed appropriate and to direct the respondent No.3to re-issue the tender for the purpose of procuring mechanical sweeping machines as per the provisions of the Karnataka Transparency in Public Procurement Rules 2000.
4. When the matter was taken up today, learned counsel for respondent Nos.1 to 3 submitted that the contract in question has already been awarded and the machines which were requested under the contract have already been supplied to respondent Nos.1 to 3 by the lowest bidder. Therefore, nothing survives for adjudication in these petitions.
5. In view of the aforesaid submission, the writ petitions are dismissed as having become infructuous.
Sd/- JUDGE RD