Petitions filed seeking direction to withdraw an e-tender dated 27.08.2020 and issue a fresh tender under Karnataka Transparency in Public Procurement Act. The High Court held the petitions infructuous due to lack of interim relief.
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.
NC: 2023:KHC:44473 WP No. 3112 of 2021 C/W WP No. 2502 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 3112 OF 2021 (GM-TEN)
C/W
WRIT PETITION NO. 2502 OF 2021 (GM-TEN)
IN WRIT PETITION NO. 3112 OF 2021 BETWEEN:
AGED ABOUT 56 YEARS S/O LATE BHEEMANA GOWDA PARTNER, M/S. K.AMARE GOUDA AND COMPANY H AND T CONTRACTOR, RAJENDRA GUNJI KSCMF BUILDING, RAICHUR – 584 102.
2. R.ARUN
Digitally signed by PADMAVATHI B K Location: HIGH COURT OF KARNATAKA
AGED ABOUT 50 YEARS S/O LATE D.C.RAJKUMAR PROPRIETOR-RAJKUMAR ROAD LINES 1ST MAIN ROAD, NEW MANDIPET TUMKUR – 572 101.
3. R.PUTTASWAMY
AGED ABOUT 58 YEARS S/O LATE RAMANNA SRI MANJUNATHA TRADERS BESIDE ICICI BANK SANTHEPET, B.M.ROAD HASSAN – 573 201.
AGED ABOUT 58 YEARS S/O LATE RANGANATHA SHETTY B.S.R.ROADLINES, NO. 32 JODITENGINAMARA ROAD INDUSTRIAL AREA BANNIMANTAP “A” LAYOUT MYSORE – 570 015.
…PETITIONERS
(BY SRI. V.MOHAN, ADVOCATE)
AND:
MR. SAI RATNAKAR BEZAWADA
…RESPONDENTS
(BY SRI. KIRAN KUMAR, HCGP FOR R1; SRI. MOHAMMAD TAHIR, ADVOCATE FOR R2; SRI. HITESH GOWDA B. J., ADVOCATE FOR SRI. K.DIWAKAR, ADVOCATE FOR R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-2 TO NOTIFY RE-TENDER/FRESH TENDER WITHDRAWING THE E-TENDER NOTIFICATION DTD.27.8.2020 ISSUED AS PER ANNEXURE-A AS VIOLATIVE OF RULE 22 OF KARNATAKA TRANSPARENCY IN PUBLIC PROCUREMENT AC 1999 AND RULE.
IN WRIT PETITION NO. 2502 OF 2021
BETWEEN
1 . SRI. KIRAN KUMAR R., AGED ABOUT 44 YEARS S/O RAMAKRISHNA RAO PARTNER, VIJAYA KIRAN ASSOCIATES R/AT NO. 647/3 AND 4, 15TH CROSS 2ND MAIN, K.T.J.NAGAR DAVANGERE – 577 002.
2 . SRI. R.S.MANNANGI AGED ABOUT 85 YEARS TRANSPORT CONTRACTOR HOSUE NO.511, NEGLUR ROAD GUTTAL – 581 108.
...PETITIONERS
(BY SRI. V.MOHAN, ADVOCATE)
AND
2 . M/S. KARNATAKA STATE WAREHOUSING CORPORATION REP. BY ITS MANAGING DIRECTOR BEEJA BHAVAN, 4TH AND 5TH FLOOR BELLARY ROAD, HEBBAL BENGALURU – 560 024.
3 . M/S. BLAJI WAREHOUSING COMPANY PVT. LTD., NO.610, 2ND CROSS CHIKKAMARAHANAHALLI NEW BEL ROAD BENGALURU – 560 094. REPRESENTED BY DIRECTOR MR. SAI RATNAKAR BEZAWADA
…RESPONDENTS
(BY SRI. S.KIRAN KUMAR, HCGP FOR R1; SRI. MOHAMMAD TAHIR, ADVOCATE FOR R2; SRI. HITESH GOWDA B. J., ADVOCATE FOR SRI. K.DIWAKAR, ADVOCATE FOR R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTION THE R-2 TO WITHDRAW ITS E-TENDER DTD. 27.08.2020 ISSUED AS PER ANNX-A THROUGH E- PROCUREMENT AND RE-ISSUE A FRESH TENDER FOR THE SAME PURPOSE AND AREAS IN THE INTEREST OF JUSTICE AND EQUITY.
THESE WRIT PETITIONS, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Learned High Court Government Pleader, on instructions,
would submit that a transport tender issued on 27-08-2020 is called in question in these petitions to issue fresh tender. Since, no interim protection is granted, the tender has spent itself, as such, the petitions are rendered infructuous.
NC: 2023:KHC:44473 WP No. 3112 of 2021 C/W WP No. 2502 of 2021
Government Pleader on record, the petitions are disposed as having become infructuous and in the event if it is not, the petitioners are granted liberty to seek recall of the order.
Sd/JUDGE
BKP List No.: 1 Sl No.: 81 CT:SS
2 issues framed by the court
Whether a writ petition seeking direction to withdraw an e-tender and issue a fresh tender becomes infructuous due to lack of interim protection.
Whether the petitions require substantive disposal or can be disposed of on the ground of infructuousness.
2 provisions across 2 enactments
Shivakumar
R. Arun
R. Puttaswamy
B.S.R. Nagesh
The State of Karnataka
Karnataka State Warehousing Corporation
M. Nagaprasanna
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
