In a writ petition filed to quash a tender acceptance order, the court disposed of the matter on the basis of a settlement memo filed by the counsel for the petitioners, permitting withdrawal as the bid validity had expired.
Permission granted to withdraw the writ petition with liberty to participate in fresh tenders.
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 20TH DAY OF DECEMBER, 2021
BEFORE
THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT
WRIT PETITION No.6223 OF 2021(GM-TEN)
BETWEEN:
1 . M N LOKESH S/O LATE M S NANJAPPA GOWDA, AGED ABOUT 60 YEARS, 1ST CROSS, SRINAGARA, TUMKUR-04.
2 . PATTEGOWDA S/O PUTTAIAH, AGED ABOUT 43 YEARS, NIDUVALALU AT POST, HEBBUR HOBLI, TUMKUR. …PETITIONERS
(BY SRI AJAY J N, ADVOCATE)
AND:
1 . CITY CORPORATION TUMAKURU TOWN HALL, BHAGWAN MAHAVEER ROAD, GANDHI NAGAR, TUMAKURU-572 102. REPRESENTED BY ITS COMMISSIONER.
2 . DMA LEVEL TENDER SCRUTINY COMMITTEE DIRECTORATE OF MUNICIPAL ADMINISTRATION, AMBEDKAR ROAD,
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9TH AND 10TH FLOOR, VISHVESHWARAIAH TOWER, SAMPANGI RAMA NAGAR, BENGALURU-560 001. REPRESENTED BY ITS DIRECTOR.
3 . DIRECTOR MUNICIPAL ADMINISTRATION AMBEDKAR ROAD, 9TH AND 10TH FLOOR, VISHVESHWARAIAH TOWER, SAMPANGI RAMA NAGAR, BENGALURU-560 001. 4 . THE EXECUTIVE ENGINEER TUMKUR CITY CORPORATION, TOWNHALL, BHAGWAN MAHAVEER ROAD, GANDHI NAGAR, TUMAKURU-572 102.
5 . B H RAMACHANDRA PWD CLASS I CONTRACTOR, No.1394, 2ND MAIN, NARAYANA LAYOUT, NAGASANDRA POST, BANGALORE - 560 073. …RESPONDENTS
(BY SRI SUBRAMANYA R, ADVOCATE FOR R1 & R4 NOTICE TO R2 & R3 HELD SUFFICIENT VIDE ORDER DTD. 27.07.2021 R5-SERVED AND UNREPRESENTED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DTD 05.03.2021 PASSED IN THE PROCEEDINGS OF THE 53RD DMA LEVEL TENDER SCRUTINY COMMITTEE, ACCEPTING THE TECHNICAL BID OF THE R-5 VIDE ANNEXURE-A.
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THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN 'B' HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Learned counsel for the petitioners has filed a
memo seeking leave of this Court to withdraw the writ
petition. The Memo reads as under:
"The undersigned Counsel for the Petitioners most humbly submits that the bid validity pertaining to the subject tenders have since expired and the Writ Petition therefore does not survive for consideration.
Wherefore, it is most humbly prayed that this Hon'ble Court may be pleased to permit the Petitioners to withdraw the instant petition with liberty to participate in the fresh tenders called by the Respondent Corporation, in the interests of justice and equity."
Accordingly, this Petition is disposed off as
having been withdrawn in terms of Memo.
SBN
Sd/JUDGE
1 provisions across 1 enactments
M N LOKESH
PATTEGOWDA
CITY CORPORATION TUMAKURU
DMA LEVEL TENDER SCRUTINY COMMITTEE
DIRECTOR MUNICIPAL ADMINISTRATION
THE EXECUTIVE ENGINEER TUMKUR
KRISHNA S.DIXIT
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
