Karnataka High Court
Vijay Parvati Road Lines, Haveri vs The State Of Karnataka on 23 June, 2022
Author: R.Devdas
Bench: R.Devdas
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WP No. 100139 of 2022
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 23RD DAY OF JUNE, 2022
BEFORE
THE HON'BLE MR JUSTICE R.DEVDAS
WRIT PETITION NO. 100139 OF 2022 (GM-TEN)
BETWEEN:
1. VIJAY PARVATI ROAD LINES
HAVERI
BY ITS PROPRIETOR
MAHESH PANCHAKSHARAPPA CHINNIKATTI
AGE. 58 YEARS, OCC. BUSINESS
R/O. 3RD CROSS, SHIVALKING NAGAR
HAVERI-581 110
2. VIJAYLAXMI TRANSPORT COMPANY
GADAG - 582102
BY ITS PROPRIETOR
PRAKASH S/O. BASAVARAJ AKKI
AGE. 39 YEARS
R/O. DR. RAJENDRA PRASAD
ROAD GADAG
Digitally
signed by
VINAYAKA
VINAYAKA B V
Location:
Dharwad
3. SREE RAGHAVENDRA SWAMY TRANSPORT
BV Date:
2022.06.25
12:55:42
+0530
BALLARI - 583 101
BY ITS PROPRIETOR
N. RAVINDRANATH
S/O. GOVINDAPPA
AGE. 59 YEARS
R/O. NO. 212, WARD NO. 18
BADARINARAYAN
STREET BALLARI
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WP No. 100139 of 2022
4. RAMESH ROAD LINES
BALLARI
BY ITS PROPRIETOR
KUDUTINI TIMMAPPA
AGE. 67 YEARS
R/O. NO.113/4,
WARD NO. 25
FORT, BALLARI 583 101
5. PARVATI ROAD LINES
BUS STAND ROAD BALLARI-583 101
BY ITS PROPRIETOR
J VIJAY BHASKARREDDI
S/O. G GOVINDREDDI
AGE. 66 YEARS
OCC. BUSINESS
R/O. PLOT NO. 12, WARD NO. 21,
SONTHA LINGANNA COLONY
GANDHI NAGAR, BALLARI
6. GANESH TRANSPORTS
BEVNAKATTI ONI,
SAUNDATTI-591126
BY ITS PROPRIETOR
SOMANAGOUDA
S/O. FAKEERRAGOUDA PATIL
AGE. 57 YEARS
R/O. NO. 418/1
CHOPRA COMPOUND
SAUNDATTI, 591126
DIST. BELAGAVI
...PETITIONERS
(BY SRI. K L PATIL & SRI. S S BETURMATH, ADVOCATES)
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WP No. 100139 of 2022
AND:
1. THE STATE OF KARNATAKA
BY ITS SECRETARY
FCS AND CA DEPARTMENT
VIKAS SOUDHA,
BENGALURU-560001
2. THE COMMISSIONER
FCS AND CA DEPARTMENT
NO.8 CUNNIGHAM ROAD
BENGALURU-560 052
...RESPONDENTS
(BY SRI. SHIVAPRABHU S HIREMATH, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN
THE NATURE OF CERTIORARI TO QUASH THE TENDER
NOTIFICATION BEARING NO.FSA/E-PROC/WHOLE SALE
TENDER/ 01/2022-24 DATED 10.12.2021 ISSUED BY
RESPONDNET NO.2 (ANNEXURE-A) AS VIOLATIE OF INDIA
COTRACT ACT, PROVISIONS OF KTPP ACT AND RULES BAD IN
LAW ARBITRARY, CONTRARY TO GOVERNMENT POLICE AND
UNRASONABLE AND ETC.
THIS WRIT PETITION COMING ON FOR ORDERS THIS
DAY, THE COURT MADE THE FOLLOWING:
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WP No. 100139 of 2022
ORDER
R.DEVDAS J., (ORAL):
Learned Additional Government Advocate has filed a memo dated 09.06.2022 along with two documents. Learned Additional Government Advocate submits that in document No.2 dated 22.04.2022, the petitioners have expressed their willingness to execute the tender work on 10% increase of the bench mark stated in the tender documents. Therefore, learned Additional Government Advocate submits that the matter may be disposed of as nothing further survives for consideration in this writ petition.
2. Memo is taken on record subject to all just exceptions.
3. Learned counsel for the petitioners submits that liberty may be reserved to the petitioner in case fresh tender is not awarded to the petitioners. -5- WP No. 100139 of 2022
4. Consequently, this writ petition stands disposed of in view of the subsequent developments. However, it is made clear that the respondents are required to award the fresh tender in favour of the petitioners in accordance with the willingness expressed by the petitioners in the communication dated 22.04.2022 at document No.2 filed along with the memo. However, if, the petitioners are further aggrieved, liberty is reserved to the petitioners to move an application before this Court to reopen this case.
Ordered accordingly.
5. Pending I.As., if any, stand disposed of.
SD JUDGE DL