1
IN THE HIGH COURT OF KARNATAKA, 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, UDUPI DISTRICT – 576 201.
2. SRI.HARIPRASAD SHETTY S/O HIRIYANNA SHETTY, AGED ABOUT 35 YEARS, CLASS-I CONTRACTOR, KANMAKKI, SOWDA POST, KUNDAPURA TALUK, UDUPI DISTRICT-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.
2
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 INDIA 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
ln