Disposed

M/S Ranganath Enterprises v. Smt Dr N Nagalambika Devi

Karnataka HC24 Jan 2022CCC/972/2021

Case brief

AI extract

What is this about?

Petitioner filed a civil contempt petition for disobedience of a writ appeal order directing fresh tendering. Respondents submitted an affidavit showing compliance with directions. Single Judge dropped the proceedings, noting the case could be revisited by way of appropriate challenge if aggrieved by the Appellate Authority's decision.

What did the court decide?

Civil contempt proceedings dropped; respondents acquitted of contempt charges.

M/S Ranganath Enterprises Vs Smt Dr N… — Public Procurement and Tenders | Karnataka HC (2022)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 24^TH DAY OF JANUARY, 2022

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PRESENT

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THE HON'BLE MR. JUSTICE B. VEERAPPA

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AND

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THE HON’BLE Mrs. JUSTICE M.G. UMA

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C.C.C. No.972/2021 (CIVIL)

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BETWEEN:

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M/S RANGANATH ENTERPRISES, VISHAL NAGARA, 3^RD CROSS, RANGANATHA NILAYA, BELLARY - 583 101 REPRESENTED BY ITS PROPRIETOR, SMT. M. SREEDEVI MEKALA, AGED ABOUT 34 YEARS

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...COMPLAINANT

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(BY SRI A MAHAMMED TAHIR, ADVOCATE)

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AND:

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SMT. DR. N. NAGALAMBIKA DEVI PRINCIPAL SECRETARY, DEPARTMENT OF SOCIAL WELFARE AND TENDER APPELLATE AUTHORITY, VIDHANA SOUDHA, BANGALORE - 560 001

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SMT. KAVITHA S. MANNIKERI, DEPUTY COMMISSIONER, CHITHRADURGA, DISTRICT TENDER ACCEPTING AUTHORITY, FOR SUPPLY OF FOOD MATERIALS TO

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PRE-METRIC AND POST-METRIC HOSTELS /ASHRAMA SCHOOLS, COMING UNDER BACKWARD CLASSES AND MINORITY DEPARTMENTS, CHITHRADURGA - 577 501

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SMT. MAMATHA, DEPUTY DIRECTOR, DEPARTMENT OF SOCIAL WELFARE AND MEMBER SECRETARY OF TENDER COMMITTEE, CHITRADURGA, CHITRADURGA DISTRICT - 577 501

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THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF SOCIAL WELFARE AND TENDER APPELLATE AUTHORITY, VIDHANA SOUDHA, BEAGALORE - 560 001

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…ACCUSED

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(BY SRI. KIRAN KUMAR, HCGP FOR R3, R4)

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THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT 1971, UNDER ARTICLE 215 OF THE CONSTITUTION OF INDIA R/W BY THE COMPLAINANT PRAYING TO INITIATE CONTEMPT PROCEEDINGS AGAINST THE ACCUSED Nos.1 TO 3 FOR NOT COMPLYING WITH THE ORDER/DIRECTION DATED 05.10.2021 IN W.A.NO.997/2021 PASSED BY THIS HON'BLE COURT AND PUNISH THE ACCUSED Nos.1 TO 3 AND ETC.

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THIS CCC COMING ON FOR ORDERS THIS DAY, B.VEERAPPA J. , PASSED THE FOLLOWING:

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O R D E R

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The complainant has filed the present civil contempt petition to take action against accused persons under the provisions of Sections 11 and 12 of the Contempt of Courts Act, 1971, for willful disobedience of the order dated 05.10.2021 made in W.A.No.997/2021 passed by the Division Bench of this Court, wherein, the Division Bench, while allowing the writ appeal has observed at Paragraph-7, which reads as under:

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"Since the order dated 16.07.2021 passed in favour of the respondent No.4 was already quashed by the learned Single Judge, therefore, the respondent No.4 could not have been permitted to supply the food items. The impugned direction contained in para 11(f) of the order passed by the learned Single Judge is hereby set aside. It is not in dispute that respondent No.4 has supplied food items to the hostels for a period from 05.08.2021 till October 2021. The Appellate Authority shall take a decision in this regard while deciding the appeal and shall pass an order within a period of one week from today."

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2. Heard Sri. A.Mahammed Tahir, learned counsel for

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the complainant and Sri. Kiran Kumar, learned High Court Government Pleader for respondent Nos.3 and 4.

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Sri. Kiran Kumar, learned HCGP submits that the order dated 05.10.2021 passed by the Division Bench of this Court has been complied with and in view of the same, he has filed affidavit of Smt.Mamatha.P, the Deputy Director, Department of Social Welfare and Member Secretary of Tender Committee, Chitradurga, Chitradurga District, wherein she has specifically stated at Paragraphs-4, 5 and 6, which reads as under:

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"4. I submit that in pursuance to the directions of the Hon'ble Division Bench of this Hon'ble Court, the learned Additional Chief Secretary after having heard the Appellant and Respondents and after perusing all the relevant documents has directed to conduct fresh tender for supply of food items to Hostels run by Social Welfare Department and Tribal Welfare Department, Chitradurga District. Copy of the order along with the letter dated 31.12.2021 is produced as ANNEXURE-R1.

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5. I submit that on 06.01.2022, the Deputy Commissioner, Chitradurga has accorded approval for calling fresh tenders for supply of food articles within 60 days commencing from 06.01.2022. I submit that tender documents are now kept ready. Copy of the tender documents is produced as ANNEXURE-R2. I submit that the entire process of tender will be completed on 28.03.2022. I submit that the order of the Hon'ble Court is fully complied with.

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6. I submit that there has been delay in complying with the orders passed by the learned Division Bench of this Hon'ble Court. I tender my unconditional and unequivocal apology for the

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delay in compliance of the order dated 05.10.2021 in W.A.No.997/2021 passed by the Hon'ble Division Bench."

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In view of the above, we pass the following:

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ORDER

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(i) Civil Contempt proceedings are hereby dropped. (ii) It is needless to observe that it is always open for the complainant to challenge the orders passed by the Appellate Authority, if he is so aggrieved, in accordance with law.

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Sd/JUDGE

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Sd/JUDGE

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SMJ

M/S Ranganath Enterprises v. Smt Dr N Nagalambika Devi

Case brief

What is this about?

What did the court decide?

M/S Ranganath Enterprises v. Smt Dr N Nagalambika Devi

Case brief

What is this about?

What did the court decide?

What the court decided

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