Disposed

M/S B Munikrishnappa v. Karnataka Road Development Corporation Limited

Karnataka HC3 Nov 2023WP/16722/2023

Case brief

AI extract

What is this about?

High Court of Karnataka disposed of a writ petition filed to quash a new tender notification. The court granted a stay on the new tender based on a previous interim order and directed respondents to permit the petitioner to participate in the tender dated 26.07.2023, allowing them to pursue the tender to its logical conclusion.

What did the court decide?

Respondents directed to permit petitioner to participate in notice inviting tender dated 26.07.2023 and to take tender to logical conclusion.

M/S B Munikrishnappa Vs Karnataka Road… — Public Procurement and Tenders | Karnataka HC (2023)

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1 - NC: 2023:KHC:39156 WP No. 16722 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3^RD DAY OF NOVEMBER, 2023

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BEFORE

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THE HON'BLE MR.JUSTICE M.NAGAPRASANNA WRIT PETITION NO.16722 OF 2023 (GM-TEN)

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BETWEEN:

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M/S. B. MUNIKRISHNAPPA, OFFICE AT J.C. BADAVANE, VJAYAPURA, DEVANAHALLI TALUK, BENGALURU RURAL - 562 110. REP. BY ITS MANAGING PARTNER, M. RAVISH KUMAR, S/O B. MUNIKRISHNAPPA, AGED ABOUT 45 YEARS.

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…PETITIONER

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(BY SRI Y.R. SADASHIVA REDDY, SR. ADVOCATE A/W SRI RAHUL S. REDDY, ADVOCATE)

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AND:

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KARNATAKA ROAD DEVELOPMENT Digitally signed CORPORATION LIMITED, by PADMAVATHI B K REP. BY ITS MANAGING DIRECTOR, Location: HIGH SAMPARKA SOUDHA, COURT OF NO.8, DR. RAJKUMAR ROAD, KARNATAKA RAJAJINAGAR 1ST BLOCK, BENGALURU - 560 010.

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THE CHIEF ENGINEER, KARNATAKA ROAD DEVELOPMENT CORPORATION LIMITED, SAMPARKA SOUDHA, NO.8, DR. RAJKUMAR ROAD, RAJAJINAGAR 1ST BLOCK, BENGALURU - 560 010.

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…RESPONDENTS

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(BY SRI AJAY NANDALIKE, ADVOCATE)

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2 - NC: 2023:KHC:39156 WP No. 16722 of 2023

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE NOTIFICATION IN NO.KRDCL/IFB/2023-24/12 DATED 26.07.2023 ISSUED BY THE RESPONDENT NO.2 VIDE ANNEXURE-H ETC.

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THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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The petitioner is before this Court seeking the following prayer:

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"a) Issue a Writ of Certiorari by quashing the Notification in No.KRDCL/IFB/2023-24/12 dated 26/07/2023 issued by the 2nd respondent vide Annexure H.

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b) Issue a Writ of mandamus directing the respondents to pursue the earlier Tender Notification dated 18/08/2022 vide Annexure A.

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c) Grant such other reliefs that this Hon'ble Court deems fit to be grant in the facts and circumstances of the case, in the interest of justice and equity."

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Heard Sri Y.R.Sadashiva Reddy, learned Senior

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Counsel appearing for the petitioner and Sri Ajay Nandalike, learned counsel appearing for the respondents.

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The petitioner was before this Court in W.P.No.18034/2022 in which an order was passed reading

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the finalization of tender shall be subject to the outcome

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3 - NC: 2023:KHC:39156 WP No. 16722 of 2023

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of the writ petition. During the pendency of the said writ petition, the tender is cancelled. The cancellation of the tender leads to issuance of a fresh notice inviting tender. Even before the ink on the tender could dry, the petitioner is before this Court in the subject petition calling in question the second tender. This Court grants an interim order of stay of the tender so notified on 26.07.2023.

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The learned Senior Counsel appearing for the petitioner would submit that, if the petitioner is permitted to participate in the tender dated 26.07.2023, the same would suffice for the present. Therefore, I deem it appropriate to dispose the writ petition with a direction to the respondents to permit the petitioner to participate in the notice inviting tender dated 26.07.2023. In the light of the interim order pending and the disposal of the petition, since the tender has not been taken forward, the respondents are at liberty to take tender to its logical conclusion in accordance with law.

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NC: 2023:KHC:39156 WP No. 16722 of 2023

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Pending interlocutory applications, if any, stand

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disposed of.

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Sd/JUDGE

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hkh.

M/S B Munikrishnappa v. Karnataka Road Development Corporation Limited

Case brief

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M/S B Munikrishnappa v. Karnataka Road Development Corporation Limited

Case brief

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