The High Court of Karnataka dismissed two writ petitions filed by electrical contractors seeking quashal of tender notifications. The Court held the petitions infructuous as the interim stay had been vacated and the tenders were for a one-year period.
The writ petitions were dismissed as infructuous and pending applications were 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.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF JUNE, 2022
BEFORE
THE HON’BLE MR. JUSTICE C.M. POONACHA
WRIT PETITION No.37031/2016(GM-TEN) C/W WRIT PETITION NO.37467/2016(GM-TEN)
IN W.P.NO.37031/2016
BETWEEN
1 . ARAVIND S/O SWAMY K T ABOUT 45 YEARS PRO: MATHRUSHREE ELECTRICALS AND CONSTRUCTIONS SUPER GRADE ELECTRICAL CONTRACTOR, NEAR B D O OFFICE CHALLAKERE TOWN - 577522 CHITRADURGA DISTRICT
2 . M S SURESH S/O M SHANTHAPPA ABOUT 55 YEARS PRO: BANASHANKARI ELECTRICALS SUPER GRADE ELECTRICAL CONTRACTOR SHAMBHAVI NO.4141, 6TH CROSS, 13TH MAIN ROAD, KUVEMPU NAGAR, DAVANAGERE CITY – 577004
...PETITIONERS
(BY SRI MANJUNATHA L S, ADVOCATE)
2
AND
3
7 SRI MURALIDHARA S/O MARANNA, 26 YEARS R/O BEHIND GOVT. SCHOOL GOPALAPURA LAYOUT HIRIYUR, CHITRADURGA DISTRICT
(R6 AND R7 HAS BEEN ADDED IN THE CAUSE TITLE AS PER THE INTERIM ORDER OF THIS COURT PASSED ON 15.02.2017)
…RESPONDENTS
(BY SMT. A.R.SHARADAMBA, AGA FOR R1; SRI JOSEPH ANTHENY, ADVOCATE FOR R2 TO R4; R5 SERVED; SRI K.SRINIVASA, ADVOCATE FOR R6 AND R7)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE COSNTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER SIMILAR WRIT OR DIRECTION FOR MODIFYING AS SUPERGRADE ELECTRICAL CONTRACTORS ARE ELIGIBLE ONLY THE IMPUGNED TENDER NOTIFICATIONS DATED 01.06.2016, 01.06.2016, 07.06.2016, 07.06.2016, 07.06.2016, 07.06.2016 AT ANNEX-A1 TO A6 AND THE IMPUGNED LETTER DATED 08.09.2015 AT ANNEXURE-H HEREIN ISSUED BY R-4 & 3.
IN W.P.NO.37467/2016
BETWEEN
1 . VEERANNA C AGED ABOUT 46 YEARS S/O CHENNABASAPPA KARNATAKA ELECTRICALS NO.2191, CHIKKAMI DEVARAJ URS LAYOUT DAVANAGERE
4
5
NO.203, SHIVA KRUPA NILAYA H M S ROAD, LAXMIPURA ARSIKERE TOWN HASSAN DISTRICT
8 . NAGARAJA B M AGED ABOUT 65 YEARS S/O MRUTHYANJAYAPPA SWARNA ELECTRICALS NO.858, VIDYANAGARA DAVANAGERE
9 . JAYARAM L R AGED ABOUT 46 YEARS S/O LOKHANNA RAO RODEA GAJANANA ELECTRICALS II MAIN, III CROSS VIDYANAGARA HARIHAR DAVANAGERE DISTRICT
10 . LAXMAN BHAT AGED ABOUT 43 YEARS S/O SADHANANDHA BHAT VASU ELECTRICALS OSLI STREET HOSPET ROAD HARDANAHALLI DAVANAGERE TALUK AND DISTRICT
...PETITIONERS
(BY SRI SHIVARAMU H C, ADVOCATE)
AND
1 . STATE OF KARNATAKA DEPARTMENT OF ENERGY REPRESENTED BY PRINCIPAL SECRETARY VIKAS SOUDHA BANGALORE-560001
6
2 . KARNATAKA POWER TRANSMISSION CORPORATION LIMITED REPRESENTED BY ITS MANAGING DIRECTOR CAUVERY BHAVAN KEMPEGOWDA ROAD BANGALORE-560002
3 . THE SUPERINTENDING ENGINEER(ELECL.) TRANSMISSION(W & M) CIRCLE K.P.T.C.L HADADI ROAD, DAVANAGERE CITY-577 002
4 . THE CHIEF ELECTRICAL INSPECTOR GOVERNMENT OF KARNATAKA KARNATAKA NIRMANA NIGAMA BUILDING OPP. TO ORION MALL RAJAJINAGAR BANGALORE-560 010.
…RESPONDENTS
(BY SMT.A.R.SHARADAMBA, AGA FOR R1; SRI JOSEPH ANTHONY, ADVOCATE FOR R2 AND R3; R4 SERVED)
THIS W.P. IS FILED PRAYING TO QUASH THE TENDER NOTIFICATION (E-PROCUREMENT MODE) ISSUED BY THE R-3 AT ANNEXURE-H AND ETC.,
THESE PETITIONS COMING ON FOR ORDERS , THIS DAY, THE COURT MADE THE FOLLOWING:
7
ORDER
Writ Petition No.37031/2016 is filed seeking to quash
the following Tender Notifications;
8
In view of the dismissal of the Writ Petitions, pending IAs, if any, do not survive for consideration and are accordingly, disposed of.
Sd/JUDGE
nd
3 issues framed by the court
Whether the writ petitions seeking quashal of tender notifications are maintainable given the interim order has been vacated.
Whether the writ petitions have become infructuous since the challenged tender notifications are for a period of one year.
What is the final order on the combined writ petitions.
Aravind S/o Swamy K T
M S Suresh S/o M Shanthappa
State of Karnataka
Karnataka Power Transmission Corporation Limited
Veeranna C
Nagaraja T
C.M. POONACHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
