The Court disposed of a writ petition challenging a tender notification on the ground that the tender year (2017-18) had expired and no longer survived for consideration, holding the petition infructuous.
Writ petition disposed of as infructuous with liberty to seek revival if the tender year assertion is incorrect.
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1
IN THE HIGH COURT OF KARNATAKA, BENGALURU
DATED THIS THE 29TH DAY OF NOVEMBER, 2021
BEFORE
THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT
WRIT PETITION NO.50561 OF 2017(GM-TEN)
BETWEEN:
THAYAMMA ENTERPRISES, REPRESENTED BY BHARATHI B P, AGED ABOUT 43 YEARS, W/O KRISHNE GOWDA, NO.8, 14TH BLOCK, SBM COLONY, SRIRAMPURA 2ND STAGE, MYSURU 570 008.
… PETITIONER
(BY SRI. DEEPIKA JOSHI, ADVOCATE)
AND:
… RESPONDENTS
2
(BY SRI.VINOD KUMAR, AGA FOR R1-R3; NOTICE TO R4 CONSIDERED LATER)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE TENDER NOTIFICATION DATED 06.05.2017 AT ANNX-C AND DIRECT THE RESPONDENTS TO RE-INVITE THE TENDER PROCUREMENT OF FOOD MATERIALS AND ALLOT THE WORK IN ACCORDANCE WITH RULE OF LAW.
THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER
Learned Govt. Advocate submits that the subject matter of this writ petition relates to the tender of the year 2017-18 and therefore, it does not survive for consideration; there is nobody to dispute this assertion from the side of petitioner.
In view of the above, writ petition is disposed off as having become infructuous with liberty to the petitioner to seek its revival if assertion of the learned Govt. Advocate is not right.
Costs made easy.
Sd/-
JUDGE
Snb/
3 issues framed by the court
Whether the writ petition seeking quashing of a tender notification is maintainable when the tender period has expired.
Whether the High Court should dispose of the writ petition as infructuous given the lapse of the tender year.
What relief the petitioner is entitled to when the tender no longer survives for consideration.
1 provisions across 1 enactments
Thayamma Enterprises, represented by Bharathi B P
The State of Karnataka, Backward Class Welfare, Department
The Commissioner of Backward Class Welfare Development
Deputy Commissioner, Backward Class Welfare, Development, Mysuru District
Abhishek Traders
Krishna S.Dixit
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court