Disposed

Gangadhargouda S/O Channabasanagouda Patil v. the Principal Secretary

Karnataka HC24 Sept 2021WP/103519/2021

Case brief

AI extract

What is this about?

In this writ petition filed under Articles 226 and 227 of the Constitution of India, the High Court of Karnataka upheld the petitioner's claim that their representation dated 25.08.2021 remained unconsidered by the authorities. The court directed the Respondents 2 and 3 to consider the submission within 15 days.

What did the court decide?

Direction to respondent Nos. 2 and 3 to consider the petitioner's representation dated 25.08.2021 within 15 days.

Gangadhargouda S/O Channabasanagouda Patil… — Public Procurement and Tenders | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH

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DATED THIS THE 24^th DAY OF SEPTEMBER, 2021

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BEFORE

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THE HON’BLE MR.JUSTICE S.R. KRISHNA KUMAR

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WRIT PETITION NO.103519/2021(GM-TEN)

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BETWEEN:

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GANGADHARGOUDA S/O CHANNABASANAGOUDA PATIL, AGE. 41 YEARS, OCC. BUSINESS, R/O. JAYANAGAR, SHIGGAON, DIST. HAVERI.

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...PETITIONER

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(BY SRI.PRASHANT S. HOSAMANI, ADVOCATE)

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AND:

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1 . THE PRINCIPAL SECRETARY SOCIAL WELFARE DEPARTMENT, 5TH FLOOR, M.S. BUILDING, BENGALURU 560001.

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2 . THE DEPUTY COMMISSIONER HAVERI, DIST. HAVERI - 581115.

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3 . THE ASSISTANT EXECUTIVE ENGINEER PANCHATYAT RAJ ENGINEERING SUB-DIVISION, SHIGGAON, DIST. HAVERI 581115.

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4 . THE DEVELOPMENT OFFICER THE DISTRICT AND TRIBAL WELFARE OFFICE, HAVERI, DIST. HAVERI 581115.

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...RESPONDENTS

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(BY SRI. V.S. KALASURMATH, HCGP)

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THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI AND QUASH THE IMPUGNED ORDER DATED 29/07/2021 BEARING PASSED BY THE 2^ND RESPONDENT PRODUCED AT ANNEXURE-B IN THE INTEREST OF JUSTICE AND EQUITY AND ISSUE A WRIT IN THE NATURE OF MANDAMUS AND DIRECT THE RESPONDENTS TO CALL FOR PUBLIC TENDER UNDER THE PROVISIONS OF THE KARNATAKA TRANSPARENCY IN PUBLIC PROCUREMENTS, ACT, 1999 FOR EXECUTION OF INSTALLING HIGH-MARK STREET LIGHTS UNDER THE PRAGATHI COLONY SCHEME IN THE AREAS, COLONIES AND SETTLEMENTS COMING UNDER THE CONSTITUENCY OF SHIGGAON IN THE INTEREST OF JUSTICE AND EQUITY AND ISSUE A WRIT IN THE NATURE OF MANDAMUS AND DIRECT THE RESPONDENT NOS. 2 AND 3 TO CONSIDER THE REPRESENTATIONS OF THE PETITIONER DATED 25/08/2021 PRODUCED AT ANNEXURE-D AND D1 IN THE INTEREST OF JUSTICE AND EQUITY & ETC.

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THIS PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT, MADE THE FOLLOWING:

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ORDER

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In this writ petition, the petitioner has sought for the following reliefs:

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I. Issue a writ in the nature of certiorari and quash the impugned order dated 29/07/2021 bearing passed by the 2^nd respondent produced at Annexure-B in the interest of justice and equity.

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II. Issue a writ in the nature of mandamus and direct the respondents to call for public tender under the provisions of the Karnataka Transparency in Public Procurements, Act, 1999 for execution of installing high-mark street lights under the Pragathi Colony Scheme in the areas, colonies and settlements coming under the constituency of Shiggaon in the interest of justice and equity.

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III Issue a writ in the nature of mandamus and direct the respondent nos. 2 and 3 to consider the representations of the petitioner dated 25/08/2021 produced at Annexures-D and D1 in the interest of justice and equity & etc.

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Heard learned counsel for the petitioner and

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learned HCGP for the respondents. Perused the material on record.

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Though several contentions have been urged by the petitioner in the present petition, in the light of the undisputed fact that the representation of the petitioner at Annexures-D and D1 dated 25.08.2021 submitted to respondent Nos.2 and 3 have not been considered, without expressing any opinion on the merits of the rival contentions, I deem it just and proper to dispose of this writ petition directing the respondent Nos.2 and 3 to consider the said representation, if not already considered, in accordance with law, within a period of 15 days from today. Ordered accordingly.

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Subject to the aforesaid direction, writ petition stands disposed off.

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SD JUDGE

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CKK

Gangadhargouda S/O Channabasanagouda Patil v. the Principal Secretary

Case brief

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Gangadhargouda S/O Channabasanagouda Patil v. the Principal Secretary

Case brief

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