On a preliminary hearing, the court noted the petitioner's contention regarding non-attachability of sugar stocks and the absence of bidders. Finding the petition infructuous due to no bidders, the court rendered the writ petition infructuous but kept all contentions open.
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1
IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH
DATED THIS THE 22ND DAY OF OCTOBER, 2018
BEFORE
THE HON’BLE MR. JUSTICE S. SUNIL DUTT YADAV
WRIT PETITION NO.106075/2018 (GM-TEN)
BETWEEN:
BANK OF INDIA, MUGUTKHAN HUBLI BRANCH MUGUTKHAN HUBLI-591118. TQ: KITTUR, DIST: BELAGAVI. REPRESENTED BY ITS CHIEF MANAGER MRS. GEETA W/O: DILIP KULKARNI
...PETITIONER
(BY SRI. C.V.ANGADI, ADVOCATE)
AND:
...RESPONDENTS
(BY SRI. M.KUMAR, AGA FOR R1 AND 2)
2
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER SUITABLE WRIT OR ORDER, THEREBY QUASHING THE TENDER NOTIFICATION BEARING NO.RRC/VI.VA-01/2018-19 DATED 04.09.2018 (ANNEXURE-A) ISSUED BY THE RESPONDENT NO.2 AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT, MADE THE FOLLOWING:
ORDER
The petitioner has sought for issuance of writ of certiorari to quash the tender notification bearing No.RRC/VI-Va-01/2018-19 dated 04.09.2018 as per Annexure-A. The petitioner has raised various legal contentions stating that the subject matter of the tender which is stocks of sugar cannot be acutioned as the petitioner has the first charge.
In view of the submission, the petition has been rendered infructuous. However all contentions of the petitioner are kept open.
Sd/JUDGE
msr
2 issues framed by the court
Whether the writ petition to quash the tender notification is maintainable in light of statutory rights over sugar stocks.
Whether the writ petition is maintainable given the absence of bidders for the tender notification.
2 provisions across 1 enactments
Bank of India, Mugutkhan Hubli Branch
The Deputy Commissioner, Belagavi District
The Tahasildar Kittur
The Managing Director, Shri Malapraba Sahakari Sakkare Karkhane Niyamit
The Chairman, Shri Malapraba Sahakari Sakkare Karkhane Niyamit
S. Sunil Dutt Yadav
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
