Petitioners challenged tender proceedings for petroleum transportation. The court dismissed the writ petition as having become moot after grant of interim stay was declined and the contract was already awarded to successful bidders.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR WRIT PETITION NO. 3535 OF 2020 (GM-TEN)
BETWEEN:
PERMANENT ADDRESS: NO.36, BITTAGOWDANAHALLY (V) MAVANUR (P), HALEKOTE (H), H.N. PURA (TQ), HASSAN DISTRICT, REPRESENTED BY ITS PROPRIETOR ANANDA KUMAR B.K.
Digitally signed by R HEMALATHA Location: HIGH COURT OF KARNATAKA
REPRESENTED BY ITS PROPRIETOR SUDEEP.
…PETITIONERS
(BY SRI. K.N. SUBBA REDDY, ADVOCATE)
AND:
NC: 2024:KHC:25063 WP No. 3535 of 2020
BY ITS DEPUTY GENERAL MANAGER-INSTALLATION, MR. G. RAMDOSS.
…RESPONDENTS
(BY SRI. G.A. SRIKANTE GOWDA, ADVOCATE FOR R1; SRI. B. PRAMOD, ADVOCATE FOR R2 AND R3)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE TENDER PROCEEDINGS DATED 25.10.2019 AND SELECTION MADE IN PURSUANCE THEREOF ISSUED BY THE RESPONDENT CORPORATION VIDE ANNEXURE-A AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner has challenged the Tender Notification dated October 25, 2019, which invited bids from the eligible persons for the transportation of bulk petroleum products for a period of five years, effective March 1, 2020. However, this court declined to grant an interim stay order, and notably, there is no challenge to the contract awarded to the successful bidders.
Sd/JUDGE
DHA
1 issue framed by the court
Whether a public procurement challenge remains maintainable after the tender proceedings lapse and the contract is already awarded to a successful bidder.
Sri. Kalabyraveswara Transport & others
Union of India
Hindustan Petroleum Corporation Ltd.
Hemant Chandangoudar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
