Sri Chetan Kumar vs State Of Karnataka on 24 September, 2020

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Karnataka High Court

Sri Chetan Kumar vs State Of Karnataka on 24 September, 2020

Bench: Hemant Chandangoudar

     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 24TH DAY OF SEPTEMBER, 2020

                         BEFORE

     THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR

       WRIT PETITION NO.8943 OF 2020 (GM-TEN)


BETWEEN:
SRI CHETAN KUMAR,
S/O. M. T. RAJAGOPAL
AGED ABOUT 31 YEARS,
MANAGING PARTNER,
SRI KRISHNA CONSTRUCTIONS AND
CONSULTANTS, O/AT: NO.7-48 G(2),
BALAJI LAYOUT, KADKAR, KANNARPADI,
UDUPI - 574 118.                          ...PETITIONER

(BY SMT. MAMATHA ROY, ADVOCATE)

AND:

1.     STATE OF KARNATAKA,
       DEPARTMENT OF URBAN DEVELOPMENT
       VIKASA SOUDHA,
       BENGALURU - 560 001.
       REPRESENTED BY ITS SECRETARY.

2.     THE COMMISSIONER,
       CITY MUNICIPAL COUNCIL,
       SHIVAMOGGA - 577 201

3.     THE EXECUTIVE ENGINEER,
       DIVISION-2,
       CITY MUNICIPAL COUNCIL
       SHIVAMOGGA - 577 201.           ...RESPONDENTS

(BY SRI M. VINOD KUMAR, AGA FOR R1
 SRI H.R. SHOWRI, ADVOCATE FOR R2 AND R3)
                                  2




     THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF CONSTITUTION OF INDIA PRAYING TO ISSUE A
WRIT    OF   CERTIORARI   QUASHING    THE    TENDER
NOTIFICATION          BEARING          NO.DMA/2019-
20/BD/WORK_INDENT96770/CALL-2    DATED   30.06.2020,
ISSUED IN THE ONLINE PORTAL OF THE KARNATAKA PUBLIC
PROCUREMENT PRODUCE AT ANNEXURE-A, AND ETC.,

     THIS WRIT PETITION IS COMING ON FOR ORDERS THIS
DAY THROUGH VIDEO CONFERENCE, THE COURT MADE THE
FOLLOWING:

                           ORDER

This writ petition has filed challenging the notice dated 06.06.2020 issued by respondent No.3 at Annexure-M canceling the allotment of tender in favour of the petitioner and further forfeiting the EMD amount deposited by the petitioner. It is brought to the notice of this Court that during the pendancy of this writ petition work order is issued in favour of third party, pursuant to impugned tender notification dated 30.06.2020 at Annexure-A.

2. The Government Order dated 10.10.2017 at Annexure-G modified the clauses of tender standard documents for the tenders invited from among the tenderers belonging to Schedule Caste and Schedule Tribe 3 category. At clause 5 of the Government Order, the successful bidders were required to deposit an amount equivalent to 5% of the contract price.

3. Learned counsel for the petitioner submits that contrary to the Government Order, the respondent Nos.2 and 3 have cancelled the tender in favour of the petitioner by relying on the existing clause which is contrary to the Government Order. The impugned notice issued by respondent No.3 at Annexure-M is contrary to the Government Order dated 10.10.2017. Since work order is already issued in favour of third party in pursuance to the impugned tender notification, the petitioner is not entitled for recalling the tender which was allotted in favour of the petitioner. Accordingly, writ petition is allowed in part.

4. The impugned notice dated 06.06.2020 issued by respondent No.3 so far it relates to forfeiting the EMD amount Rs.51,000/- deposited by the petitioner is hereby quashed.

5. Respondent No.2 is hereby directed to refund the EMD amount deposited by the petitioner within a period of six weeks from the date of receipt of copy of this order.

In view of disposal of the writ petition, pending applications are consigned to record room.

Sd/-

JUDGE GJM

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