Dismissed

Sri. Ravindra Appasab Mali v. the Director Department of Mines and Geology

Karnataka HC17 Dec 2021WP/2477/2021

Case brief

AI extract

What is this about?

In equal writ petitions challenging tender notifications by Hutti Gold Mines Company Limited for labor recruitment, the Court dismissed the pleas relying on a prior order (W.P.No.20369/2021). The judgment held that even if a bid is accepted, it does not confer a right to challenge the tender notification, as the Competent Authority retains the power to reject low bids under Rule 31-H of the Karnat

What did the court decide?

Impugned tender notifications bearing No. HGML/SERVICE/72/2020-21 and No. HGML/SERVICE/103/2020-21 were not quashed; writ petitions were dismissed.

Sri. Ravindra Appasab Mali Vs the Director… — Company and Corporate | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 17^TH DAY OF DECEMBER, 2021

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PRESENT

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THE HON’BLE MR. RITU RAJ AWASTHI, CHIEF JUSTICE

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AND

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THE HON’BLE MR.JUSTICE SACHIN SHANKAR MAGADUM

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WRIT PETITION NO.2477 OF 2021 (GM-MM-S) C/W WRIT PETITION NO.2468 OF 2021 (GM-MMS)

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IN W.P.NO.2477 OF 2021

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BETWEEN

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1 . SRI. RAVINDRA APPASAB MALI S/O APPASAB MALI AGED ABOUT 48 YEARS

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R/O VIDYANAGARA HALAHATTI POST CHIKKODI TALUK

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BELGAUM DISTRICT-577401

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...PETITIONER

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(BY MS. DHEEMANTHIKA GOWDA, ADVOCATE FOR SRI BHANUPRAKASH V.G. ADVOCATE)

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AND

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1 . THE DIRECTOR DEPARTMENT OF MINES AND GEOLOGY NO.49, KHANIJA BHAVAN RACE COURSE ROAD BENGALURU-560001

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2 . THE DEPUTY DIRECTOR DEPARTMENT OF MINES AND GEOLOGY ROOM NO.27, 3^RD FLOOR VIKAS SOUDHA KALBURGI-585101

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3 . THE DEPUTY COMMISSIONER AND CHAIRMAN OF THE DISTRICT SAND MONITORING COMMITTEE KALBURGI DISTRICT KALBURGI-585102

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4 . THE HUTTI GOLD MINES COMPANY LIMITED (A GOVERNMENT OF KARNATAKA UNDERTAKING) 3^RD FLOOR, KHB SHOPPING COMPLEX NATIONAL GAMES VILLAGE KORAMANGALA BENGALURU-560047 REPRESENTED BY ITS MANAGING DIRECTOR

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……RESPONDENTS

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(BY SRI S.S.MAHENDRA, AGA FOR R-1 TO 3; SRI B.R.PRASHANTH, ADVOCATE FOR R4)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI, THEREBY QUASHING THE IMPUGNED SHORT TERM TENDER NOTIFICATION DATED 30/01/2021, BEARING NO. HGML/SERVICE/103/2020-21, ISSUED BY THE FOURTH RESPONDENT, PRODUCED HERETO AND MARKED AS ANNEXURE-A AND ETC.,

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IN W.P.NO.2468 OF 2021

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BETWEEN:

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1 . SRI. RAVINDRA APPASAB MALI

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S/O APPASAB MALI AGED ABOUT 48 YEARS R/O VIDYANAGARA HALAHATI POST CHIKKODI TALUK BELGAUM DISTRICT-571401

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...PETITIONER

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(BY MS. DHEEMANTHIKA GOWDA, ADVOCATE FOR SRI BHANUPRAKASH V.G., ADVOCATE)

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AND

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1 . THE DIRECTOR DEPARTMENT OF MINES AND GEOLOGY NO.49, KHANIJA BHAVAN RACE COURSE ROAD BANGALORE-560 001

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2 . THE DEPUTY DIRECTOR DEPARTMENT OF MINES AND GEOLOGY ROOM NO.27, 3^RD FLOOR VIKAS SOUDHA KALBURGI-585 101

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3 . THE DEPUTY COMMISSIONER AND CHAIRMAN OF THE DISTRICT SAND MONITORING COMMITTEE KALBURGI DISTRICT KALBURGI-585 102

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4 . THE HUTTI GOLD MINES COMPANY LIMITED (A GOVERNMENT OF KARNATAKA UNDERTAKING) 3^RD FLOOR, KHB SHOPPING COMPLEX NATIONAL GAMES VILLAGE

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KORAMANGALA BANGALORE-560 047 REPRESENTED BY ITS MANAGING DIRECTOR

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…..RESPONDENTS

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(BY SRI S.S.MAHENDRA, AGA FOR R-1 TO 3; SRI B.R.PRASHANTH, ADVOCATE FOR R-4)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI, THEREBY QUASHING THE IMPUGNED TENDER INVITATION DATED 03/01/2021, BEARING NO.HGML/SERVICE/72/2020-21, ISSUED BY THE FOURTH RESPONDENT, PRODUCED HERETO AND MARKED AS ANNEXURE-A AND ETC.,

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THESE PETITIONS COMING ON FOR ORDERS THROUGH VIDEO CONFERENCING THIS DAY, SACHIN SHANKAR MAGADUM J. MADE THE FOLLOWING:

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ORDER

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Learned Additional Government Advocate submits

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that these petitions are squarely covered by the order dated 03.12.2021 passed by this Court in W.P.No.20369/2021.

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We have perused the view taken by this Court in the judgment cited supra. This Court is of the view that under Rule 31-H of the Karnataka Minor Mineral Concession Rules, 1994, the Competent Authority or Approving Authority may reject any offer or bid offered through

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auction on the ground that such offer or bid is too low or for any other reason, to be recorded in writing.

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The judgment cited supra is squarely covered

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and applicable in the present case also. We are of the considered view that even if the bid of the petitioner is accepted that in itself would not confer any right to the petitioner to challenge the impugned tender notification. In the judgment cited supra, the Authority had issued Letter of Intent to the petitioner therein even then, this Court was not inclined to entertain the writ petition.

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Accordingly, these writ petitions are dismissed in terms of the order dated 03.12.2021 passed in W.P.No.20369/2021.

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The pending interlocutory application in writ petition No.2477/2021 does not survive for consideration and is accordingly disposed of.

Sd-

CHIEF JUSTICE

SdJUDGE

KPS

Sri. Ravindra Appasab Mali v. the Director Department of Mines and Geology

Case brief

What is this about?

What did the court decide?

Sri. Ravindra Appasab Mali v. the Director Department of Mines and Geology

Case brief

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