This PIL challenged short-term tender notifications. The court dismissed the petition for non-compliance with PIL Rules. It directed future PILs to comply with PIL Rules, 2018.
Writ petition dismissed; pending interlocutory applications disposed of.
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.
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF NOVEMBER, 2021
PRESENT
THE HON'BLE MR. RITU RAJ AWASTHI, CHIEF JUSTICE
AND
THE HON’BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
WRIT PETITION NO.9672 OF 2021 (GM-TEN-PIL)
BETWEEN:
SRI D BASAVARAJ S/O DAVAPPA JALLI, AGED ABOUT 40 YEARS, OCCUPATION-AGRICULTURE, R/AT NO.4/6/4, MEGALPETE, HPS SCHOOL, MUDGAL, LINGUSUGUR-TALUK, RAICHUR DISTRICT-584 125
...PETITIONER
(BY SRI.SHIVARAJ PATIL, ADVOCATE)
AND:
2
(KBJNL) DEPARTMENT OF WATER RESOURCE, PWD OFFICE, ANNEX, III FLOOR, KR CIRCLE, BANGALORE-560 001
…RESPONDENTS
(BY SRI.B.R.PRASHANTH, ADVOCATE FOR SRI.M.R.C.RAVI, ADVOCATE FOR R2; NOTICE TO R3 & R4 ARE SERVED & UNREPRESENTED; SMT.VANI.H, AGA R1)
THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO 1)TO ISSUE A WRIT IN THE NATURE OF CERTIORARI QUASHING THE TENDER NOTIFICATION VIDE BEARING NO.KBJNL/EE/NRBC/D-5/PB-DIST TEND/202122/114 DATED 18/05/2021 AS PER ANNEXURE-B ISSUED BY THE 3RD RESPONDENT AND TO QUASH THE TENDER NOTIFICATION VIDE BEARING NO.KBJNL/EE/NRBC/D-4/PB-TND/2021-22/259 DATED 18/05/2021 AS PER ANNEXURE-D, ISSUED BY THE 4TH RESPONDENT AND ETC.,
THIS PETITION COMING ON FOR ORDERS THIS DAY, CHIEF
JUSTICE MADE THE FOLLOWING:
3
ORDER
This public interest litigation has been filed challenging
the short term tender notifications bearing No.KBJNL/EE/NRBC/D-5/PB/Dist Tend/2021-22/114 dated 18.05.2021 as per Annexure-B and No.KBJNL/EE/NRBC/D4/PB/TND/2021-22/259 dated 18.05.2021 as per Annexure-D.
has noted the submission of the learned counsel appearing for the petitioner that in view of clause (b) of sub-Rule (1) of Rule 17 of the Karnataka Transparency in Public Procurement Rules, 2000 (for short 'the said Rules of 2000'), period of 30 days ought to have been provided for submitting the tenders.
4
The question as such was whether the provision of sub-Rule (2) of Rule 17 of the said Rules of 2000 have been complied with or not.
for the respondent No.1, on the basis of instructions, submit that due approval was taken from the superior authorities before issuance of the short tender and the requirement of Rule 17 of the said Rules of 2000 was fulfilled.
grant indulgence. The writ petition is accordingly dismissed.
5
The pending interlocutory applications, if any, stand
disposed of.
Sd/CHIEF JUSTICE
Sd/JUDGE
CA
3 issues framed by the court
Whether to issue a writ to quash the short-term tender notifications issued by the respondents.
Whether the filing of the writ petition complied with the High Court of Karnataka (Public Interest Litigation) Rules, 2018.
Whether the requirement of Rule 17 of the Karnataka Transparency in Public Procurement Rules, 2000 regarding the 30-day tender period was fulfilled.
4 provisions across 3 enactments
Sri D Basavaraj
The State of Karnataka
The Managing Director Krishna Bhagya Jala Nigam Ltd.
The Executive Engineer KBJNL, NRBC Division
Ritu Raj Awasthi
Sachin Shankar Magadum
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
