Sri K Kalappa vs The State Of Karnataka on 11 February, 2020

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Karnataka High Court

Sri K Kalappa vs The State Of Karnataka on 11 February, 2020

Bench: P.S. Dinesh Kumar

                               1



     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 11TH DAY OF FEBRUARY, 2020

                          BEFORE

        THE HON'BLE MR.JUSTICE P.S. DINESH KUMAR

         WRIT PETITION No.3179 OF 2020 (GM-TEN)

BETWEEN :

SRI. K. KALAPPA
S/O KENCHEGOWDA
AGED ABOUT 68 YEARS
RESIDING AT NO.153
'BALAKRISHNA NILAYA'
HOSPITAL ROAD
OOTY NILIGIRIES DISRICT
PIN CODE-643 001                        ...PETITIONER

(BY SHRI. SATISH M. DODDAMANI, ADVOCATE)

AND :

1.    THE STATE OF KARNATAKA
      REP. BY ITS SECRETARY
      FORE DEPARTMENT
      M.S. BUILDING
      BENGALURU-560 001

2.    THE PRL. CHIEF CONSERVATIVE
      OF FORESTS (WILDLIFE)
      ARANYYA BHAVAN
      MALLESWARAM 18TH CROSS
      BENGALURU-560 003

3.    THE CHIEF CONSERVATIVE OF FORESTS
      (TERRITORIAL), SULTAN SHARIFF CIRCLE
      SATHYAMANGALA ROAD
      CHAMARAJANAGAR
      PIN CODE-571 440
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4.   THE DEPUTY CONSERVATOR OF FORESTS
     CAUVERY WILDLIFE DIVISION
     KOLLEGAL
     CHAMARAJNAGAR DISTRICT
     PIN CODE-571 440                  ... RESPONDENTS

(BY SHRI. VIJAYKUMAR A. PATIL, AGA)
                               ....
     THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE TENDER
NOTIFICATION DTD.29.11.2019 VIDE ANNEXURE-A ISSUED BY R-4
AND ETC.


      THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING
THIS DAY, THE COURT MADE THE FOLLOWING:

                             ORDER

Petitioner has challenged tender notification dated 29.11.2019 issued by respondent No.4 calling for construction of Elephant Proof Trenches and Railway Barricade Fencing.

2. Shri Sathish M.Doddamni, learned advocate for the petitioner submitted that tender amount is Rupees One Crore Twenty Lakhs and therefore, 60 days' time ought to have been given to submit the bid. The last date for submission of tender was 19.12.2019 which is less than sixty days. He further submitted that tender shall have to 3 be opened in the presence of parties and the same has not been complied with.

3. Shri Vijaya Kumar Patil, learned AGA, on instructions, submitted that letter of intent has been issued to successful bidder on 06.02.2020 and work order has also been issued.

4. I have carefully considered rival submissions and perused the records.

5. Since, the tender has been finalised, the same is appealable under Section 16 of the Karnataka Transparency in Public Procurements Act, 1999.

6. Shri Sathish Doddamani submitted that though request has been made, respondents have not given details of tender.

7. Learned AGA, in his usual fairness, submitted that photocopy of the letter of intent will be given to the petitioner.

8. In view of alternative and efficacious remedy, this petition is disposed of with liberty to the petitioner to challenge the letter of intent in accordance with law.

No costs.

Sd/-

JUDGE Yn.

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