Karnataka High Court
Industrial Plants And Waste Treatment ... vs The Chairman on 12 September, 2012
Author: Mohan Shantanagoudar
Bench: Mohan Shantanagoudar
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IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 12TH DAY OF SEPTEMBER, 2012
BEFORE
THE HON'BLE MR.JUSTICE MOHAN SHANTANAGOUDAR
WRIT PETITION NO.36361/2012 (GM-TEN)
BETWEEN :
Industrial Plants and Waste
Treatment Corporation
Having its Branch Office at 72
Shalimar Apartment
3 D'Souza Road
Behind Devatha Plaza
Bengalur-560 009
Rep by its Manager
(Marketing & Sales)
Sri Manoj Victor. ..Petitioner
(By Sri A. Mahammed Tahir, Adv.,)
AND :
1. The Chairman
Bangalore Water Supply &
Sewerage Board
Cauvery Bhavan
Bangalore-560 009.
2. The Chief Engineer (QA)
Bangalore Water Supply &
Sewerage Board
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Cauvery Bhavan
Bangalore-560009.
3. The Addl. Chief Engineer (QA)
Bangalore Water Supply &
Sewerage Board
Cauvery Bhavan
Bangalore-560 009.
4. The Technical Assistant to CE (QA)
Bangalore Water Supply &
Sewerage Board
Cauvery Bhavan
Bangalore-560 009.
5. The Executive Engineer
Central Stores Division
Malleshwaram
Bangalore-12.
6. M/s. KAM -AVIDA Enviro
Engineers Pvt., Ltd.,
H.O.Plot No.2
Sy.No.255/1 Village
Hinjawadi, Taluk Mulshi
Pune-411057
By Secretary.
7. The State of Karnataka
Urban Development Authority
Vikas Soudha, Bangalore
Rep by its Principal Secretary.
8. KPS Enterprises
585, Market Yard
Himgiri Residency Park
Raw House No.4
Pune-411037
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By Secretary. ..Respondents
(By Sri N.B. Vishwanath, Adv., for R7)
This writ petition is filed under Articles 226 and 227 of
the Constitution of India, praying to quash the supply order
vide Annexure-D dated 24.1.2012 in tender dated 10.6.2011
vide Annexure-A and all further proceedings in pursuance
thereof.
This writ petition coming on for preliminary hearing,
this day the Court made the following:-
ORDER
Petitioner has submitted its tenders pursuant to the tender notification dated 10.6.2011 issued by the second respondent. However, the petitioner's technical bid was not accepted by the concerned authority on the ground that the petitioner did not fulfill certain of the criteria. Respondent No.6 herein was the successful bidder and consequently supply order dated 24.1.2012 vide Annexure-D was issued by the BWSSB. The said order was questioned by the petitioner before the appellate authority, i.e., before respondent No.7 by filing an appeal on 31.7.2012, -4- after lapse of six months from the date of supply order. Interim order is not granted in favour of the petitioner before the appellate authority. Appeal is still pending consideration. During the interregnum, this writ petition is filed for the very reliefs as sought for in appeal by the petitioner herein.
2. Since the appeal is pending consideration before the appellate authority, this Court declines to entertain the writ petition. It is open for the petitioner to pursue the appeal filed by it as per law before respondent No.7. The appeal is pending since 31.7.2012. The appellate authority is expected to decide the appeal on merits within thirty days from the date of filing of the appeal. However, further period of thirty days is also provided under the provisions of Section 16 of the Karnataka Transparency in Public Procurement Act, 1990. -5-
In view of the above, respondent No.7 is directed to consider the appeal filed by the petitioner on merits and in accordance with law after hearing the successful bidder, as early as possible, but not later than the outer limit of one month from today.
With the aforesaid observations, the writ petition stands dismissed.
Sd/-
JUDGE *ck/nk-