Dismissed

M/S Himagiri Sree Electricals v. the State of Karnataka

Karnataka HC1 Aug 2024WP/12968/2024

Case brief

AI extract

What is this about?

Writ petition challenging BBMP's street lighting tender on grounds of insufficient bid submission time and lack of technical specs. Court dismissed petition noting petitioner had already participated and was rejected, estopping challenge on timing, and noting specs were provided.

What did the court decide?

The writ petition challenging the tender notification stands dismissed.

M/S Himagiri Sree Electricals Vs the State… — Public Procurement and Tenders | Karnataka HC (2024)

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1 - NC: 2024:KHC:30866 WP No. 12968 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 1^ST DAY OF AUGUST, 2024

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BEFORE

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THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR

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WRIT PETITION NO. 12968 OF 2024 (GM-TEN)

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BETWEEN:

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M/S. HIMAGIRI SREE ELECTRICALS, HAVING OFFICE AT NO.77, 3^RD CROSS, VITTAL NAGAR, CHAMRAJPET, BENGALURU – 560 018. RERPESENTED BY ITS PROPRIETOR SRI. DR. SREEDHARA.

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…PETITIONER

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(BY SRI. P.N.MANMOHAN, ADVOCATE FOR SMT. PRIYANKA J SREEDHARA., ADVOCATE)

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AND:

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Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA

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THE STATE OF KARNATAKA, REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY, OFFICE AT ROOM NO. 255, FINANCE DEPARTMENT, VIDHANA SOUDHA, AMBEDKAR VEEDHI, SAMPANGI RAMANAGARA, BENGALURU, KARNATAKA – 560 001.

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THE CHIEF COMMISSIONER, BRUHAT BENGALURU MAHANAGARA PALIKE, N.R.SQUARE, BENGALURU – 560 002.

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THE EXECUTIVE ENGINEER (ELE), EAST ZONE, 16^TH FLOOR, PUBLIC UTILITY BUILDING, M.G.ROAD, BBMP, BENGALURU – 560 001.

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THE STATE OF KARNATAKA, REPRESENTED BY THE

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2 - NC: 2024:KHC:30866 WP No. 12968 of 2024

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CHIEF EXECUTIVE OFFICER, CENTRE FOR E-GOVERNANCE, OFFICE AT ROOM NO.146A, 2^ND GATE, M S BUILDING, BENGALURU – 560 001.

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…RESPONDENTS

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(BY SRI.K.S.HARISH, GA FOR R1 AND R4; SRI.B.S.SATYANAND, ADVOCATE FOR R2 AND R3)

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THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) TO SET ASIDE THE TENDER NOTIFICATION NO.BBMP/EE/ELE/EAST/TEND/03/2023-24 DATED 21/11/2023 BEARING TENDER NO.BBMP/202324/EL/WORK.INDENT818 IN THE KARNATAKA PUBLIC PROCUREMENT PORTAL ISSUED BY THE R3 (ANNEXURE - A) FOR WORK OF PROVIDING STREET LIGHTING TO 100 FT. ROAD INDIRANAGAR FROM OLD MADRAS ROAD TO 16TH MAIN ROAD JUNCTION UNDER EAST ZONE AND ETC.,

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR

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ORAL ORDER

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The petitioner challenges the tender notification dated 21.11.2023 issued by the respondent, Bruhat Bengaluru Mahanagara Palike (BBMP), inviting bids from eligible persons for providing street lighting to 100ft. Road, Indiranagar, from Old Madras Road to 16th Main Road Junction under the East Zone. The value of the work estimated under the tender notification was a sum of Rs.156.50lakhs.

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The primary ground of challenge to the tender notification is that the tender notification was published on 23.11.2023, and the last date for submission of the bids was 06.12.2023, which is less than the 15 days stipulated under Rule

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3 - NC: 2024:KHC:30866 WP No. 12968 of 2024

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17(1)(a) of the Karnataka Transparency in Public Procurement Rules, 2000. Furthermore, the tender documents do not prescribe the specifications and drawings of the work to be carried out under the tender notification.

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Heard the learned counsel for the petitioner and the learned counsel for the respondent-BBMP.

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Even accepting that the tender notification was published on 23.11.2023, the petitioner participated in the tender process by submitting the bid on 06.12.2023. The technical bid of the petitioner was subsequently rejected, which was challenged before the Appellate Authority under Section 16 of the Karnataka Transparency in Public Procurement Act. The present writ petition was filed on 07.05.2024. The petitioner, having participated in the tender process and suffered an order of rejection, filed the petition on 07.05.2024.

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The petitioner, having participated in the bid and having suffered an order of rejection of the bid, cannot now contend that the tender notification issued was in violation of Rule 17(1)(a) of the Karnataka Transparency in Public Procurement Rules, 2000, which provides for a minimum of 15 days’ time to submit the bids.

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The respondent-BBMP has filed a synopsis enclosing a copy of the tender document along with technical specifications as well as photographs of the present condition of the locality.

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NC: 2024:KHC:30866 WP No. 12968 of 2024

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