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IN THE HIGH COURT OF , BANGALORE

DATED THIS THE 19 TH DAY OF SEPTEMBER, 2014

BEFORE

THE HON'BLE MR.JUSTICE A.N.VENUGOPALA GOWDA

WRIT PETITION NOs. 45232-33 OF 2014 (GM-TEN)

BETWEEN:

1. SRI. N.S.GOKUL SHETTY S/O NARAYANA SHETTY, AGED ABOUT 50 YEARS, CLASS-1 CONTRACTOR, PWD CONTRACTOR, DEEKSHA UPPUNDA, KUNDAPURA TALUK, DISTRICT – 576 201.

2. SRI.HARIPRASAD SHETTY S/O HIRIYANNA SHETTY, AGED ABOUT 35 YEARS, CLASS-I CONTRACTOR, KANMAKKI, SOWDA POST, KUNDAPURA TALUK, -576 201. ... PETITIONERS

(By Sri.S.VISHWAJITH SHETTY, ADV. )

AND

1. STATE OF KARNATAKA REPRSENTED BY ITS SECRETARY TO DEPARTMENT OF MAJOR IRRIGATION, VIDHANA SOUDHA, BANGALORE- 560 001.

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2. KARNATAKA NEERAVARI NIGAM GOVERNMENT OF KARNATAKA UNDERTAKING DR.AMBEDKAR VEEDHI, COFFEE BOARD BUILDING, BANGALORE- 560 001.

3. THE EXECUTIVE ENGINEER KARNTAKA NEERAVARI NIGAM, NO.2, VARAHI RESERVOIR PROJECT, DIVISION SIDDAPURA, UDUPI DISTRICT-576229.

4. THE CHIEF ENGINEER KARNTAKA NEERAVARI NIGAM, NO.2, VARAHI RESERVOIR PROJECT, DIVISION SIDDAPURA, UDUPI DISTRICT-576229. ... RESPONDENTS

(By Sri. VIJAYAKUMAR A.PATIL, HCGP)

THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF PRAYING TO CALL FOR THE RECORDS FROM THE R-2 TO 4 WITH REGARD TO THE TENDER PROCESS PURSUANT TO THE IMPUGNED SHORT TERM TENDER NOTIFICATION DATED 23.6.2014 ISSUED BY THE R-3 VIDE ANN-A AND ETC.

THESE PETITIONS COMING ON FOR PRL.HEARING THIS DAY, THE COURT DELIVERED THE FOLLOWING:

ORDER

Indisputably, the 1 st petitioner has submitted the bid in response to the ‘Short Term Tender Notification’ as at Annexure-A. The bid has not yet been opened and 3

hence, there is no cause of auction for the 1 st petitioner, at present, to seek relief.

2. The 2 nd petitioner having not submitted his bid and the last date for submission of the bid/s being over, he has no locus-standi to question the conditions in the notification as at Annexure-A, as rightly pointed out by

Sri.Vijayakumar A.Patil, learned HCGP, appearing for

1st respondent.

3. In view of the above, W.P. No.45233/2014 filed by Sri.Hariprasad Shetty is dismissed and

W.P.No.45232/2014 filed by N.S.Gokul Shetty is disposed of by reserving liberty to him to seek relief , if any, before the competent Forum, in case his bid is not accepted and the contract is awarded in favour of any other bidder.

4. All contentions raised in W.P.No.45232/2014 are left open. 4

Sri.Vijayakumar A.Patil, learned HCGP, is permitted to file memo of appearance within four weeks.

Sd/- JUDGE

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