Philadelphia Writ Petition challenging the validity of a sand block e-tender award where a late bid extended the auction time via 'delta time' clauses. Court found no merit, holding the conditions were not arbitrary and the petitioner could not challenge them after participating.
Writ petition rejected; letters of acceptance and endorsements not quashed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF JUNE, 2020
PRESENT
THE HON’BLE MR.ABHAY S. OKA, CHIEF JUSTICE
AND
THE HON’BLE MR.JUSTICE S.VISHWAJITH SHETTY
WRIT PETITION NO.32085 OF 2019 (GM-MM-S)
BETWEEN:
Amarnath Jain S/o Shanthappa Padival Aged about 64 years R/o Aarikallu House Kadeshwalya Village & Post Bantwal Taluk Dakshina Kannada-574 211. ... PETITIONER
(By Shri.Chandrashekhar, Advocate)
AND:
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(By Shri.V.G.Bhanuprakash, AGA for R-1 to 3; Shri.Shobith N.Shetty, Advocate for R-4)
This Writ Petition is filed under Articles 226 & 227 of
the Constitution of India praying to quash the letter of acceptance dt.6.3.2019 issued by R-3 vide Annx-D1 issued in favour of the R-4 in respect of Kadeshivalaya Block, Bantwal Taluk and to quash the endorsement dated 3.7.2019 issued by the R-3 vide Annx-C, etc.
This Writ Petition coming on for Preliminary Hearing this day, CHIEF JUSTICE made the following:
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O R D E R
Heard the learned counsel appearing for the petitioner, the learned Additional Government Advocate appearing for the first to third respondents and the learned counsel for the fourth respondent.
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“1. Delta time of 5 minutes is the time which extends scheduled time of closure of e-Auction in case bids are submitted during last 5 minutes. For example, the closure time of e-Auction is 4:00 PM and delta time is 5 minutes. In case any bid submitted between 3:57 PM and 4:00 PM, will extend the closure of e-Auction by 5 minutes from the last submitted bid time. That means the closure of e-Auction is extended from 3:57:29 PM (with a round off to 3:58:00 PM) to 4:03 PM i.e., 3:58 PM + 0:05 = 4:03 PM. Again, if any bidder submits a bid at 4:01:55 PM for same auction notice, then e-Auctions will be ….
2. Other Terms & Conditions as per attached auction document.”
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have noticed the same when he registered himself on the e-procurement portal and thereafter, downloaded the e- tender document.
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to have challenged the said condition before he submitted
himself to the process by submitting e-tender.
the same is accordingly rejected.
Sd/CHIEF JUSTICE
Sd/JUDGE
KNM/-
3 issues framed by the court
Whether the 'delta time' clause in e-tender conditions, extending auction closure upon late bids, is arbitrary and irrational warranting judicial interference.
Whether the petitioner is precluded from challenging tender conditions accepted by the bidders after registration.
Whether the letter of acceptance and endorsements regarding the sand block disposal are valid.
Amarnath Jain
The Director, Department of Mines and Geology
The Deputy Commissioner/Chairman District Sand Monitoring Committee
The Deputy Director and Member Secretary District Sand Monitoring Committee
Charan Kumar
Abhay S. Oka
S. Vishwajith Shetty
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
