Disposed

M/S L v. Traders v the Department of Minority Welfare

Karnataka HC6 Feb 2024WP/1738/2024

Case brief

AI extract

What is this about?

Writ petitions filed to quash e-procurement tender notifications and seek mandamus to consider representations. Court disposed of petitions accepting the State's objections, allowing withdrawal and fresh tendering, while preventing disturbance to the petitioner pending fresh tender.

What did the court decide?

Declared petitions disposed allowing withdrawal of tender; petitioner not to be disturbed; liberty reserved for fresh tender.

M/S L v Traders Vs the Department of… — Public Procurement and Tenders | Karnataka HC (2024)

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NC: 2024:KHC:5076 WP No. 1738 of 2024 C/W WP No. 24123 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 6^TH DAY OF FEBRUARY, 2024

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BEFORE

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THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 1738 OF 2024 (GM-TEN)

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C/W

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WRIT PETITION NO. 24123 OF 2023 (GM-TEN)

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IN WRIT PETITION NO. 1738 OF 2024

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BETWEEN:

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M/S. L.V.TRADERS REPRESENTED BY ITS PROPRIETOR SMT. KRISHNAVENI, W/O PARASHURAM AGED ABOUT 42 YEARS, JOSEPHNAGAR, BEHIND CHURCH, SAGARA, SAGARA TALUK, SHIVAMOGGA DISTRICT – 577 401.

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…PETITIONER

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

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(BY SRI VIJAYA RAGHAVA SARATHY H.M., ADVOCATE)

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AND:

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THE DEPARTMENT OF MINORITY WELFARE REPRESENTED BY ITS SECRETARY, M.S. BUILDING, BENGALURU - 560 001.

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THE DIRECTOR DIRECTORATE OF MINORITIES, MAULANA ABDUL KALAM AZAD BHAVAN, NO.16, C.MILLER TANK BED ROAD,

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NC: 2024:KHC:5076 WP No. 1738 of 2024 C/W WP No. 24123 of 2023

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VASANTH NAGAR BENGALURU – 560 052.

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THE DEPUTY COMMISSIONER AND CHAIRMAN OF TENDER ACCEPTANCE COMMITTEE MANDYA DISTRICT MANDYA – 571 401.

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THE DISTRICT OFFICER DEPARTMENT OF MINORITIES WELFARE MYSURU DISTRICT, MOULANA AZAD BHAVAN BEEDI COLONY, KEREYANGALA MANDYA – 571 403.

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…RESPONDENTS

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(BY SRI KIRAN KUMAR, HCGP)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) QUASH THE IMPUGNED E-PROCUREMENT TENDER NOTIFICATION BEARING NO. AA.SAM.KA.EE/(3)AAHAARA TENDER/CR-04/2023-24 DATED 20/12/2023 (ANNEXURE-A) IS CONCERNED ISSUED BY THE R4 DISTRICT OFFICER OF MINORITY WELFARE DEPARTMENT, MANDYA IS ILLEGAL AND IN OPERATIVE AND ETC.,

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IN WRIT PETITION NO. 24123 OF 2023

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BETWEEN:

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M/S. L.V.TRADERS REPRESENTED BY ITS PROPRIETOR, SMT. KRISHNAVENI, W/O PARASHURAM, AGED ABOUT 42 YEARS, JOSEPHNAGAR, BEHIND CHURCH,

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3 - NC: 2024:KHC:5076 WP No. 1738 of 2024 C/W WP No. 24123 of 2023

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SAGARA, SAGRA TALUK SHIVAMOGGA DISTRICT – 577 401.

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..PETITIONER

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(BY SRI VIJAYA RAGHAVA SARATHY H.M., ADVOCATE)

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AND:

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1 . THE DEPARTMENT OF MINORITY WELFARE REPRESENTED BY ITS SECRETARY M.S.BUILDING, BENGALURU – 560 001.

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2 . THE DIRECTOR DIRECTORATE OF MINORITIES, MAULANA ABDUL KALAM AZAD BHAVAN, NO. 16, C.MILLER TANK BED ROAD, VASANTH NAGAR, BENGALURU - 560 052.

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3 . THE DEPUTY COMMISSIONER AND CHAIRMAN OF TENDER ACCEPTANCE COMMITTEE, CHIKKAMAGALURU DISTRICT CHIKKAMAGALURU – 577 101.

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4 . THE DISTRICT OFFICER DEPARTMENT OF MINORITIES WELFARE, CHIKKAMAGALURU DISTRICT, BEHIND COMMERCIAL TAX BUILDING, JYOTHI NAGAR, CHIKKAMAGALURU – 577 101.

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…RESPONDENTS

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(BY SRI KIRAN KUMAR, HCGP )

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4 - NC: 2024:KHC:5076 WP No. 1738 of 2024 C/W WP No. 24123 of 2023

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) QUASH THE IMPUGNED E-PROCUREMENT TENDER NOTIFICATION BEARING NO. AA.SAM.KA.E/AA.TE/CR-70/202324 DATED 03/10/2023 (ANNEXURE-A) ISSUED BY THE R4 DISTRICT OFFICER OF MINORITY WELFARE DEPARTMENT, CHIKKAMAGALURU IS ILLEGAL AND IN OPERATIVE AND ETC.,

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THESE WRIT PETITIONS, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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The petitioner in both the petitions, is before this Court seeking quashment of e-procurement tender notifications dated 20.12.2023 and 03.10.2023, issued by the 4^th respondent – District Officer of Minority Welfare Department, of Chikkamagaluru and Mandya and issuance of a writ in the nature of mandamus to consider its representations dated 10.01.2024 and 16.10.2023.

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Heard Sri Vijaya Raghava Sarathy H.M., learned counsel for petitioner and Sri Kiran Kumar, learned High Court Government Pleader for the respondents – State.

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Learned High Court Government Pleader appearing for the respondents - State would take this Court through the statement of objections with particular reference to paragraph

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5 - NC: 2024:KHC:5076 WP No. 1738 of 2024 C/W WP No. 24123 of 2023

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No.7 in which, the State seeks leave to withdraw the tender notification and notify a fresh tender notification in accordance with law.

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Since the petitioner has already completed its tenure and what is being continued as an interim order is a bonus. I deem it appropriate to accept the statement of objections of the respondents - State. Therefore, reserving liberty to the State to call for fresh tender in accordance with law, the petitions stand disposed.

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Till such time, the petitioner in both the petitions, shall not be disturbed.

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Ordered accordingly.

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NVJ

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List No.: 1 Sl No.: 55

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Sd/JUDGE

M/S L v. Traders v the Department of Minority Welfare

Case brief

What is this about?

What did the court decide?

M/S L v. Traders v the Department of Minority Welfare

Case brief

What is this about?

What did the court decide?

What the court decided

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