Karnataka High Court
M/S B.G. Borewells And Ors vs The State Of Karnataka And Ors on 3 September, 2024
Author: Suraj Govindaraj
Bench: Suraj Govindaraj
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WP No. 200770 of 2024
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 3RD DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
WRIT PETITION NO.200770 OF 2024 (GM-TEN)
BETWEEN:
1. M/S B.G. BOREWELLS
A PROPRIETORSHIP CONCERN
HAVING ITS OFFICE AT NO.1-885/78,
VENKATESH NAGAR, KALABURAGI 585102
REPRESENTED BY ITS PROPRIETOR
K. BALAGURU SWAMY
S/O C. R. KRISHNA SWAMY
AGE: 59 YEARS
2. SRI SAI BABA ROCK DRILLERS
A PROPRIETORSHIP CONCERN
HAVING ITS OFFICE AT NO.56,
Digitally signed by
BASALINGAPPA 15TH CROSS, 6TH MAIN, J.C.NAGARA,
SHIVARAJ KURUBARAHALLI, BENGALURU 560002,
DHUTTARGAON REPRESENTED BY ITS PROPRIEOTR
Location: HIGH
COURT OF POLINATI VENKATESHWARA RAO
KARNATAKA AGE: 54 YEARS
3. RAJSHREE BOREWELLS AND DRILLERS
A PROPRIETORSHIP CONCERN
HAVING ITS OFFICE AT
SAGAR HOTEL SHOP NO.2,
NEAR BARA KAMAN
VIJAYAPURA 586101
REPRESENTED BY ITS PROPRIETOR
BHIMU RATHOD
AGE: 46 YEARS
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WP No. 200770 of 2024
4. SALEEM ELECTRICALS AND BOREWELLS
A PROPRIETORSHIP CONCERN
HAVING ITS OFFICE AT
BEHIND KEB, SHANTI NAGAR
JEWARGI, DIST. KALABURAGI 583310
RERPESENTED BY ITS PROPRIETOR
HAJIMALANG ATTAR
AGE: 55 YEARS
...PETITIONERS
(BY SRI. SACHIN M. MAHAJAN, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
BY ITS SECRETARY
DEPARTMENT OF MINORITY
HAJ AND WAKF VIDHANA SOUDA,
DR. AMBEDKAR VEEDHI
BENGALURU-560001
2. THE UNDER SECRETARY
DEPARTMENT OF MINORITY
HAJ AND WAKF VIDHANA SOUDHA,
DR. AMBEDKAR VEEDHI
BENGALURU-560001
3. THE KARNATAKA MINORITIES
DEVELOPMENT CORPORATION
A GOVERNMENT OF KARNATAKA ENTERPRISE
KMDC BHAVAN, 2ND FLOOR, SC ROAD,
SHESHADRIPURAM
BENGALURU-560020
REPRESENTED BY ITS
MANAGING DIRECTOR CUM PRESIDENT
TENDER EVALUATION AND
SECURITY COMMITTEE
4. DEVENDRAGOUDA PATIL
AGED ABOUT 45 YEARS
PROPRIETOR M/S LAXMI BOREWELL AGENCIES
H.NO.256, AMARESHWARA NILAYA
NEAR OMKARESHWARA TEMPLE,
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GUMAGERA POST. TQ. KUSHTAGI,
DIST. KOPPAL 583277
5. M. SHASEEKUMAR
AGED ABOUT 45 YEARS
PROPRIETOR
M/S SRI BALAJI BOREWELL SERVICE
NO.8-9-254, GURU NAGAR,
BIDAR 585401
6. VEERBHADRAPPA
AGED ABOUT 58 YEARS
OCC: CIVIL CONTRACTOR
NO.7-1-59, WARD NO.30
NEAR VASAVI SCHOOL
VASAVI NAGAR,
SINDHANUR
DIST. RAICHUR 584128
...RESPONDENTS
(BY SRI.SHIVAKUMAR R.TENGLI, AGA FOR R1 AND R2;
SRI.SANGANAGOUDA V. BIRADAR, ADVOCATE FOR R3;
SRI.MAHANTESH PATIL, ADVOCATE FOR R5;
R4 AND R6 SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE
IMPUGNED COMMUNICATION DATED 02.11.2023 AND
03.11.2023 BEARING NO.MWD 100 MDC 2023 ADDRESSED BY
THE RESPONDENT NO.2 TO THE RESPONDENT NO.3 VIDE
ANNEXURE-F, F1 AND F2. II) ISSUE A WRIT,ORDER OR
DIRECTION IN THE NATURE OF CERTIORARI AND QUASH THE
IMPUGNED NOTIFICATION DATED 22.12.2023 BEARING NO.KA
A NI /TEN/ KO BA/ 2023-24 ISSUED BY THE RESPONDENT
NO.3 VIDE ANNEXURE G III) ISSUE A WRIT, ORDER OR
DIRECTION IN THE NATURE OF CERTIORARI AND QUASH ALL
FURTHER PROCEEDINGS PURSUANT TO THE IMPUGNED
TENDER NOTIFICATION DATED 22.12.2023 BEARING NO.KA A
NI/TEN/KO BA/ 2023-24 ISSUED BY THE RESPONDENT NO.3,
VIDE ANNEXURE-G INCLUDING THE PROCEEDINGS DATED
06.02.2024, VIDE ANNEXURE-J.
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THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
ORAL ORDER
(PER: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ)
1. The petitioners are before this Court seeking for the following reliefs:
i) Issue a writ or order or direction in the nature of certiorari and quash the impugned communication dated
02.11.2023 and 03.11.2023 bearing no. MWD 100 MDC 2023 addressed by the respondent No.2 to the respondent no. 3 vide Annexure-F, F1 and F2.
ii) Issue a writ, order or direction in the nature of certiorari and quash the impugned notification dated 22.12.2023 bearing No. KA A NI /TEN/ KO BA/ 2023- 24 issued by the respondent No.3 vide Annexure-G.
iii) Issue a writ, order or direction in the nature of certiorari and quash all further proceedings pursuant to the impugned tender notification dated 22.12.2023 bearing No.KA A NI/TEN/KO BA/ 2023-24 issued by the respondent No.3, vide Annexure-G including the proceedings dated 06.02.2024, vide Annexure-J.
iv) Issue any other writ order or direction which this Hon'ble court deems fit to issue in the facts and circumstances of the case, in the interest of justice. -5-
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2. The petitioners claim to be engaged in the business of digging borewells. It is submitted that Dr.Ambedkar Development Corporation Limited on behalf of itself and several Corporations had issued an Expression of Interest for empanelment of agencies/contractors for drilling 165mm diameter borewells under the Ganga Kalyana Yojane. The petitioners being successful bidders were empanelled as such with Dr.Ambedkar Development Corporation Limited. Subsequently, it is contended that the Karnataka State Minority Development Corporation (hereinafter referred to as 'KSMDC') which is also required to provide similar welfare measures under the Ganga Kalyana Yojane empanelled the petitioners to provide similar services and as such, they were so empanelled. Agreements and work orders were issued by the KSMDC on a 'No Water No Payment' basis.
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3. While things stood thus, a communication came to be issued by respondent No.2 to the respondent No.3 on 02.11.2023 at Annexure-F series to issue fresh tenders in respect of the very same work which had been entrusted by the KSMDC to the petitioners. Tenders having been issued, several tenders when opened for consideration, it is contended by the counsel for the petitioners were single bid tenders which are also sought to be accepted by the respondents and it is in that background that the petitioners are before this Court seeking for the aforesaid reliefs.
4. Sri.Sachin M.Mahajan learned counsel for the petitioners submits that the KSMDC being vested with similar obligation under the Ganga Kalyana Yojane has accepted the empanelment of the petitioners under Dr.Ambedkar Development Corporation Limited. The said empanelment having been so considered and work orders having been -7- NC: 2024:KHC-K:6611 WP No. 200770 of 2024 issued by KSMDC, no tender can be issued in respect of the said works entrusted to the petitioners.
5. Secondly, he submits that tenders having been issued, many of those tenders are single bid tenders inasmuch as firstly, there is single bid which has been submitted as regards several such tenders, and as regards some other tenders, though multiple bids have been submitted, there is only one bidder who is qualified in the technical qualification round for the commercial qualification thus making this bid also a single tender in terms of the circular dated 20.03.2017 at Annexure-K to the writ petition. In that background, he submits that the reliefs which have been sought for are required to be granted and the writ petition allowed.
6. Learned Additional Government Advocate would submit that the KSMDC being an independent entity is required to issue separate tenders. A temporary arrangement made by KSMDC cannot provide -8- NC: 2024:KHC-K:6611 WP No. 200770 of 2024 permanent work to the petitioners without a tender being issued. KSMDC being entitled to issue a tender, it is for the petitioners to participate in the tender and if successful, the awardal of the work would be made to the petitioners. The petitioners cannot seek to stop the issuance of the tender only on the ground that a work order has been issued to the petitioners temporarily pending the KSMDC coming up with a system to issue tenders.
7. Insofar as the contention of single bid and multiple bid is concerned, he submits that the applicable rules would be followed in both letter and spirit and single tenders would not be considered let alone accepted.
8. Heard Sri.Sachin M.Mahajan, learned counsel for the petitioners and Sri Shivakumar R. Tengli, learned Additional Government Advocate for respondent Nos.1 and 2, Sri.Sanganagouda V.Biradar, learned counsel for respondent No.3 and perused the papers. -9-
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9. The only contention of Sri.Sachin M. Majahan, learned counsel for the petitioners is that a work order having been issued by KSMDC to the petitioners, the KSMDC cannot now issue a tender notification inviting bids for the very same work.
10. The employer being KSMDC and the said employer being bound by the Karnataka Transparency in Public Procurements Act, 1999 (for short, hereinafter referred to as 'the Act, 1999') and the Karnataka Transparency in Public Procurement Rules 2000 (for short, hereinafter referred to as 'the Rules, 2000'), it is but required for the KSMDC to issue tenders inviting bids from one and all, thereafter, consider the same and issue the work order.
11. The KSMDC, being a Governmental Organization, cannot enter into a private contract even if the petitioners had been empanelled by another Government Organization. Such being the case, there is no vested right in the petitioners on the
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12. Insofar as the aspect of single bid is concerned, the submission of learned Additional Government Advocate answers the grievance of the petitioner.
13. As such, I pass the following:
ORDER i. Writ petition is partly allowed. ii. The relief, insofar as restraining the KSMDC from issuing a tender is concerned, is rejected.
iii. KSMDC is directed to issue tender at the earliest, at any rate, within a period of 60 days from the date of receipt of copy of this order.
iv. Needless to say, the petitioners if so desire can always participate in the said tender process.
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NC: 2024:KHC-K:6611 WP No. 200770 of 2024 v. The evaluation of the tender would be required to be done strictly in terms of the Karnataka Transparency in Public Procurements Act, 1999, the Karnataka Transparency in Public Procurement Rules 2000, as also taking into consideration the circular dated 20.03.2017 at Annexure-K. Sd/-
(SURAJ GOVINDARAJ) JUDGE VNR List No.: 1 Sl No.: 91